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Clarification in dmra

Querist : Anonymous (Querist) 11 October 2021 This query is : Resolved 
Greetings! Can any one clarify in ordinary English what these below sections says with respect to the Act, rules and section 3

Provided that no such rule shall be made except--
(i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies; and
(ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940 (23 of 1940), and if the Central Government considers necessary, with such other persons having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as that Government deems fit.]


P. Venu (Expert) 12 October 2021
What is the context for this query?
Querist : Anonymous (Querist) 12 October 2021
Dear Mr. P.Venu,
Thank you for your question! The context of this query is to analyze the possibility to challenge the section 3(d) of this "The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954" with 3(d)(i) and 3(d)(ii). So I want to know the correct meaning of the sections 3(d)(i) and 3(d)(ii). Also, I am looking for the expert in this challenge.

Querist : Anonymous (Querist) 13 October 2021
Dear Experts,
I am inviting even the negative comments also in this regard
kavksatyanarayana (Expert) 13 October 2021
You are inviting even the negative comments that mean is it a test paper to this forum members? Anyhow, as per obtaining information, it is said to be that " the drug is defined to include any medicine, substance, or device, article affecting the organic structure of humans or animals, or any component of it. ‘Magic Remedy’ is defined to include talisman, mantra, kavacha, and any other charm which is alleged to possess miraculous powers of diagnosing, curing, prevention, etc. of certain diseases. ‘Advertisement’ under the DMRA can be in any form, such as a notice, circular, wrapper, label, announcement (oral, smoke or light), or any other document.
Querist : Anonymous (Querist) 14 October 2021
Thank you for your reply Mr. kavksatyanarayana. I humbly say that it is not a test paper for the forum members. I am sorry if my invitation hurts anyone. I am collecting both positive and negative points for the application purpose. As I need the points only restricted with challenging the section 3(d) with 3(d)(i) and 3(d)(ii). I would appriciate you if you can please.


P. Venu (Expert) 14 October 2021
As I could understand, the stipulations in the proviso is only meant to ensure that prohibition as provided under Section 3(d) are reasonable and not arbitrary.


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