 bill no 20 of  2016 the surrogate advertisements (prohibition ) bill, 2016 bydr boora narsaiah goud, mpa billto prohibit surrogate advertisements and for matters connected therewithbe  it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1)this act may be called the surrogate advertisements (prohibition) act, 2016short title and extent(2) it extends to the whole of india52 (1) in this act, unless the context otherwise requires,—definitions(a) "advertisement" includes any pamphlet, writing, drawing, painting, photograph, bill, circular, notice, label, poster, hoarding, banner or other documents and also includes any visible representation made through radio, television, cassettes or slides by means of any light, sound, smoke or gas and publication in print media such as newspapers, magazines and books;| (                                                          | b   | ) "appropriate government" means in the case of a state, the government of   ||------------------------------------------------------------|-----|------------------------------------------------------------------------------|| that state and in all other cases, the central government; |     |                                                                              || 5                                                          |     |                                                                              || (                                                          | c   | ) "prescribed" means prescribed by rules made under this act; and            |(d) "surrogate advertisement" means an advertisement which shows a substitute product in the guise of the real one which otherwise cannot be legally advertised through the print and electronic media1037 of 1952 7 of 1995(2) words and expressions used but not defined in this act but defined in the cinematograph act, 1952 and the cable television networks (regulation) act, 1995 shall have the same meanings respectively assigned to them in those acts3 no person shall publish or telecast or cause to be published or telecast or arrange to take part in the publication or telecast of surrogate advertisementprohibition to publish or telecast surrogate advertisements154 the appropriate government shall designate such agencies as it may considerappropriate for effective implementation of the provisions of this actappropriate government to designate agencies to implement the provisions of the actpenalty205 whoever contravenes the provisions of this act  shall be punished with imprisonmentfor a term which shall not be less than five years but which may extend upto ten years and with fine which shall not be less than five lakh rupees but which may extend upto ten lakh rupeesoffences by companies, firms and other associations256 where an offence under this act has been committed by a company, firm or otherassociation of individuals, every person who, at the time the offence was committed, was incharge of, and was responsible to the company, firm or association for the conduct of the business of the company, firm or association, as the case may be, shall be deemed to be guilty and shall be liable to be proceeded against and punished accordingly2 of 19747 notwithstanding anything contained in the code of criminal procedure, 1973, anoffence punishable under this act shall be cognizable and non-bailableoffences to be cognizable and non-bailable8 the provision of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this actact not in derogation of other laws309 (1) for the removal of doubts, it is hereby declared that the provisions of this actshall not apply to advertisements which are aimed at educating the general public or a particular groupact not to apply to certain advertisements(2) for the purpose of deciding whether an advertisement aimed at educating general public or a particular group, the central government shall designate such number of officers, not below the rank of joint secretary, as it may deem fit35power to make rules10 ( 1 ) the central government may by notification in the official gazette, make rulesfor carrying out the purpose of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe government of india has banned product advertising for liquor and cigarette companies under the cable television network (regulation) act, 1995 rule 7 of the cable television rules, 1994 also prohibits any direct or indirect promotion of such items in the public domain section 6 of chapter iii of advertising standard council of india (asci) code had also laid down certain basic guidelines prohibiting surrogate advertising section 2(1)(r) of the consumer protection act, 1986 gives a comprehensive definition of unfair trade practices section 5 of the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (copta) prohibits promotion of brand of all tobacco products in all forms of audio, visual and print media article 13 of the world health organisation framework convention on tobacco control 2005 bans advertising, promotion and sponsorship of tobacco but manufacturers of liquor, cigarette, tobacco and other harmful products still promote their products through surrogate advertisements surrogate advertising is a form of promotion of products especially narcotic products, which cannot be advertised directly under applicable indian laws surrogate advertisements are not only misleading, but also false and dishonest in many casesthe proposed bill seeks to put total ban on surrogate advertising of liquor, tobacco and other harmful products to prohibit sponsorship of sports and cultural events either directly or indirectly by these manufacturershence this billnew delhi;boora narsaiah goudfebruary 8, 2016 memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto prohibit surrogate advertisements and for matters connected therewith————(shri boora narsaiah goud, mp)gmgipmrnd—4211ls(s3)—26022016