Notification, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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CHANDIGARH, TUESDAY, SEPTEMBER 18, 2018

(BHADRA 27, 1940 SAKA) ( cv )

LEGISLATIVE SUPPLEMENT

Contents Pages Part - I Acts The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Punjab Amendment) Act, 2018.

(Punjab Act No. 18 of 2018) ..91-92 Nil Part - III Delegated Legislation Nil Part - IV Correction Slips, Republications and Replacements Nil

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 18, 2018

(BHDR 27, 1940 SAKA) Short title and commencement.

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 18th September, 2018

No.19-Leg./2018.- The following Act of the Legislature of the State of Punjab received the assent of the President of India on the 31st day of August, 2018, is hereby published for general information:-

THE CIGARETTES AND OTHER TOBACCO PRODUCTS

(PROHIBITION OF ADVERTISEMENT AND REGULATION OF

TRADE AND COMMERCE, PRODUCTION, SUPPLY AND

DISTRIBUTION) (PUNJAB AMENDMENT) ACT, 2018.

(Punjab Act No. 18 of 2018) AN ACT further to amend the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, in its application to the State of Punjab. BE it enacted by the Legislature of the State of Punjab in the Sixty-ninth Year of the Republic of India as follows:-

1. (1) This Act may be called the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Punjab Amendment) Act, 2018.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. In the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as the principal Act), in section 3, after clause (e), the following clause shall be inserted, namely:- "(ee) "hookah bar" means an establishment where people gather to smoke tobacco from a communal hookah or narghile which is provided individually;".

3. In the principal Act, after section 4, the following section shall be inserted, namely:- Amendment of section 3 of Central Act 34 of Insertion of new section 4-A in Central Act 34 of

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 18, 2018

(BHDR 27, 1940 SAKA) "4-A. Notwithstanding anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar or serve hookah to customers in any place, including the eating house.

Explanation.- The term "eating house" means any place where food or refreshment of any kind, not including spirits, wines, ale, beer or other malt liquors, are provided for casual visitors, and sold for consumption therein.”.

4. In the principal Act, in section 12, in sub-section (1), in clause (b), for the sign “.”, the sign and word "; or" shall be substituted and thereafter, the following clause shall be added, namely:- "(c) where any hookah bar is being run.".

5. In the principal Act, after section 13, the following section shall be inserted, namely:- "13-A. If any police officer, not below the rank of a Sub-Inspector, authorized by the State Government, has reason to believe that the provisions of section 4-A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.".

6. In the principal Act, after section 21, the following section shall be inserted, namely:- "21-A. Whoever contravenes the provisions of section 4-A shall be punishable with imprisonment which may extend to three years but which shall not be less than one year and with fine which may extend to fifty thousand rupees but which shall not be less than twenty thousand rupees.".

7. In the principal Act, after section 27, the following section shall be inserted, namely:- "27-A. An offence under section 4-A shall be cognizable.".

VIVEK PURI,

Secretary to Government of Punjab, Department of Legal and Legislative Affairs.

Prohibition of hookah bar.

Power to seize in case of hookah bar.

Punishment for running hookah bar.

Offence under section 4-A to be cognizable.

Amendment of section 12 of Central Act 34 of Insertion of new section 13-A in Central Act 34 of Insertion of new section 21-A in Central Act 34 of Insertion of new section 27-A in Central Act 34 of