An Act further to amend the Prohibition Act , 1950 .
Preamble.— WHEREAS it is expedient further to amend the Prohibition Act, 1950, for the purposes hereinafter appearing;
Be it enacted in the Twentyninth Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Prohibition (Amendment) Act, 1978.
(2) It shall be deemed to have come into force on the 2 nd day of October, 1977.
2. Amendment of section 2 . — In section 2 of the Prohibition Act, 1950 (XIII of 1950) (hereinafter referred to as the principal Act), for the brackets, words and figures “(except sections1 and 7)”, the brackets, words and figures “(except sections 1, 7 and 11)” shall be substituted.
3. Amendment of section 6 .— In section 6 of the principal Act, in subsection (2), for the words and figures “sections 1 and 7”, in both the places where they occur, the words and figures “sections 1, 7 and 11” shall be substituted.
4. Insertion of new section 11.— After section 10 of the principal Act, the following section shall be inserted, namely:—
“11. Prohibition of advertisements.— (1) Whoever prints or publishes in any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributes any advertisement or other matter commending, soliciting the use of, or offering any liquor or intoxicating drug (other than liquor or drugs exempted under section 21), shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Nothing in sub section (1) shall apply—
• to price lists which may be generally or specially approved by the Commissioner ; or
• to advertisements in medical journals or to notices and literature circulated exclusively to members of the medical profession, if such advertisements, notices or literature relate to any liquor or intoxicating drug which has been specially approved as of medicinal value by any Medical Council established by or under any law for the time being in force in the territory of India or any part thereof ; or
• to the normal circulation within the State of newspapers, periodicals and books printed and published in accordance with law outside the State.”.
5. Repeal and saving.— (1) The Prohibition (Amendment) Ordinance, 1977 (18 of 1977) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
