(1) Any person prescribed under sub-section (2) Provincial Government shall prescribe the
(3) Where in pursuance of sub-section (1) any docu-ment or article or thing has been declared to be forfeited to His Majesty, any police officer may seize any copy thereof, wherever found, and any Magistrate may by warrant authorise any police officer not below the rank of Sub-Inspector to enter upon and search any premises whereon or wherein such document or article or thing or any copy thereof is or is reasonably suspected to be.
Explanation.—In this section "Calcutta" means the to wn of Calcutta as defined in section 3 of the Calcutta Po lice Act, 1866, together with the suburbs of Calcutta as defined by notification under section 1 of the Calcutta burban Police Act, 1866.
Penalty, fine which may extend to one thousand rupees, or with both.
imprisonment which may extend to one year, or with section 3 shall, on conviction, be punishable with
5.
Whoever con Lravenes any of the provisions of Ben. Act.
IV of 1866.
Ben. Act II of 1866.
The West Bengal Undesirable Advertisements (Control) Act, 1948.
XXIX 'Of 1948.]
XXIII of
1940.
Aot XLV of 1860.
(Sections
6. Nothing in this Act shall apply to,— Act not to apply
(a) any medical treatise or book, or any treatise or in certain Ca8e6' book dealing with the subject from a bona fide - scientific or social standpoint, or
(b) any advertisement, or any article or thing sent confidentially in the prescribed manner only to a medical practitioner or to a wholesale or retail chemist for the purpose of his business, OT • any advertisement made, printed or published , with the previous sanction of such person or persons as the Provincial Government may appoint in this behalf, or
(d) any advertisement, label or set of instructions which is permitted under the Drugs Act, 1940 or any rules made thereunder.
Explanation.—"Medical practitioner" in this section includes a person regularly practising either the allopathic, homoeopathic, Ayurvedic, Tinani or any other system of medicine.
7. No Magistrate other than a Presidency Magistrate or a Magistrate of the First Class shall try an offence punishable under this Act.
8. Any person empowered to act under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal -Code.
9. No suit, prosecution or other legal proceeding shall lie against any servant of the -Crown for anything which is in good faith done or intended to be done under this Act.
(0) Jurisdiction to try offences.
Officers to be deemed publics servants.
Indemnity.
.10. (1) The Provincial Government may make rules for carrying out the purposes of this Act.
(2) in particular -and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
(a) the venereal diseases referred to in clause (4) of section 2;
(b) the diseases, infirmities or abnormalities referred to in section 3;
the persons and classes of persons referred to in sub-section (2) of section 4;
the manner of sending confidentially an advertisement, article or thing referred to in clause
(b) of section 6.
(c)
(d) Power to make rules.
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