REGISTERED No. DL- 33004/2001
रजिस्ट्री सं०डी० एल०-33004 /2001
A भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 2
PART II-Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली , बुधवार, मार्च 7 , 2001 / फाल्गुन 16, 1922
सं° 8] No. 8]
NEW DELHI , WEDNESDAY, MARCH 7, 2001/ PHALGUNA 16, 1922
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
RAJYA SABHA
The following Bills were introduced in the Rajya Sabha on the 7th March , 2001:-
I
BILL NO . XXIX OF 2001
A Bill to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production , supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto.
WHEREAS it is expedient to prohibit the consumption of cigarettes and other tobacco products which are injurious to health and with a view to achieving improvement of public health in general as enjoined by article 47 of the Constitution ;
AND WHEREAS it is expedient to prohibit the advertisement of, and to provide for regulation of trade and commerce , production , supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto;
AND WHEREAS in pursuance of clause ( 1 ) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Goa, Punjab , Uttar Pradesh and West Bengal to the effect that the tobacco products other than cigarettes should be regulated in those States by Parliament by law.
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[PART II-
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BE it enacted by Parliament in the Fifty - second Year of the Republic of India as follows:-
Short title, extent and commence- ment .
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) Act, 2001 .
(2) It extends-
(a) inso far as it relates to cigarettes , to the whole of India;
(b) in so far as it relates to tobacco products other than cigarettes , in the first instance, to the whole of the States of Goa, Punjab , Uttar Pradesh and West Bengal and to all the Union territories ; and
(c) it shall also extend to such other State as may adopt this Act by resolution passed in that behalf in pursuance of clause ( 1 ) of article 252 of the Constitution .
(3) It shall come into force--
(a) in so far as it relates to cigarettes , on such date as the Central Government may, by notification in the Official Gazette , appoint; and
(b) in so far as it relates to tobacco products other than cigarettes in a State or Union territory to which it extends, or may be extended in future, on such date as the Central Government may, by notification in the Official Gazette , appoint, and different dates maybe appointed for different provisions of this Act or for different States or Union territories .
Definitions .
2. In this Act, unless the context otherwise requires ,-
(a) "advertisement " includes any visible representation by way of notice , circular , label , wrapper or other document and also includes any announcement made orally or by any means of producing or transmitting light , sound , smoke or gas ;
(b)"cigarette " includes ,--
(i) any roll of tobacco wrapped in paper or in any other substance not containing tobacco;
(ii) any roll of tobacco wrapped in any substance containing tobacco, which, by reason of its appearance, the type of tobacco used in the filler, or its packaging and labelling is likely to be offered to , or purchased by, consumers as cigarette, but does not include beedi , cheroot and cigar ;
(c) "distribution" includes distribution by way of samples , whether free or otherwise;
(d) " export" , with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
(e) " foreign language " means a language which is neither an Indian language nor the English language;
(f) " import" , with its gramınatical variations and cognate expressions , means bringing into India from a place outside India;
(g) " Indian language " means a language specified in the Eighth Schedule to the Constitution, and includes any dialect of such language;
(h) " label" means any written, marked , stamped, printed or graphic matter , affixed to, or appearing upon, any package;
(i) "package" includes a wrapper, box, carton , tin or other container;
(j)"prescribed" means prescribed by rules made under this Act ;
(k) "production" , with its grammatical variations and cognate expressions , includes the making of cigarettes , cigars , cheroots , beedis , cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco , pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called ) or snuff and shall include-
(1) packing, labelling or re- labelling , of containers ; (ii) re-packing from bulk packages to retail packages ; and 3
SEC. 2]
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(lii) the adoption of any other method to render the tobacco product marketable;
(1) "public place" means any place to which the public have access , whether as of right or not, and includes auditorium , hospital buildings , health institutions , amusement centres , restaurants , public offices , court buildings , educational institutions , libraries , public conveyances and the like which are visited by general public but does not include any open space;
(m) " sale", with its grammatical variations and cognate expressions , means any transfer ofproperty in goods by one person to another, whether for cash or on credit, orby way of exchange , and whether wholesale or retail , and includes an agreement for sale, and offer for sale and exposure for sale;
(n) " smoking" , means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe , wrapper or any other instruments;
(0) " specified warning " means such warnings against the use of cigarettes or other tobacco products to be printed, painted or inscribed on packages of cigarettes or other tobacco products in such form and manner as may be prescribed by rules made under this Act;
(p) "tobacco products " means the products specified in the Schedule .
3. No person shall ertgage in smoking in a public place where smoking is prohibited and such prohibition is displayed or conveyed through any audio or visual medium .
Prohibition of smoking in a public place .
Prohibition of advertisement of tobacco products .
4.(1) No person engaged in , or purported to be engaged in the production , supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products .
(2) No person, for any direct or indirect pecuniary benefit, shall-
(a) display, cause to display , or permit or authorise to display any advertisement of cigarettes or any other tobacco product; or
(b) sell or cause to sell , or permit or authorise to sell a film or video tape containing advertisement of cigarettes or any other tobacco product; or
(c) distribute , cause to distribute , or permit or authorise to distribute to the public any leaflet, hand - bill or document which is or which contains an advertisement of cigarettes or any other tobacco product; or
(d) erect, exhibit, fix or retain upon or over any land, building , wall , hoarding, frame, post or structure or upon or in any vehicle or shall display in any manner whatsoever in any place any advertisement of cigarettes or any other tobacco product : Provided that this sub- section shall not apply in relation to-
(a) an advertisement of cigarettes or any other tobacco product in or on a package containing cigarettes or any other tobacco product ;
(b) advertisement of cigarettes or any other tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes and any other tobacco products are offered for distribution or sale.
(3) No person , shall , under a contract or otherwise promote or agree to promote the use or consumption of-
(a) cigarettes or any other tobacco product; or
(b) any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship , gift , prize or scholarship given or agreed to be given by another person .
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
5. No person shall sell , offer for sale , or permit sale of, cigarette or any other tobacco products to any person who is under eighteen years of age .
Prohibition on sale of cigarette or other tobacco products to a per- son below the age of eighteen years .
6.(1) No person shall , directly or indirectly, produce , supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced , supplied or distributed by him bears thereon, or on its label, the specified warning.
Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied ordistributed by him bears thereon , or on its label , the specified warning .
(3)No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco product so imported by him bears thereon , or on its label , the specified warning.
(4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution , sale or supply for a valuable consideration .
(5) No person shall, directly or indirectly , produce , supply or distribute cigarettes unless every package of cigarettes produced , supplied or distributed by him indicates thereon, or on its label , the nicotine and tar contents per cigarette:
Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act .
7.(1) The specified warning on a package of cigarettes or any other tobacco products shall be-
Manner in which specified warning shall be made .
(a) legible and prominent;
(b) conspicuous as to size and colour ;
(c) in such style or type of lettering as to be boldly and clearly presented in distinct contrast to any other type , lettering or graphic material used on the package or its label and shall be printed, painted or inscribed on the package in a colour which contrasts conspicuously with the background of the package or its labels .
(2) The manner in which a specified warning shallbe printed , painted or inscribed on a package or tobacco products shallbe such as may be specified in the rules made under this Act.
(3) Every package containing tobacco products shallbe so packed as to ensure that the specified warning appearing thereon, or on its label , is , before the package is opened , visible to the consumer .
8. (1 ) Where the language used on a package containing cigarettes and any other tobacco products or on its label is-
(a) English, the specified warning shall be expressed in the English language;
Language in which the specified warning shall be expressed.
(b) any Indian language or languages , the specified warning shall be expressed in such Indian language or languages ;
5
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(c) both English and one or more Indian languages , the specified warning shall be expressed inthe English language as well as in such Indian language or languages;
(d) partly English and partly any Indian language or languages , the specified warning shall be expressed in the English language as well as in such Indian language or languages;
(e) any foreign language , the specified warning shall be expressed in the English language;
(f) partly any foreign language and partly English or any Indian language or languages, the specified warning shall be expressed in the English language as well as in such Indian language or languages .
(2) No package of cigarettes or any other tobacco products or its label shall contain anymatter or statement which is inconsistent with , or detracts from , the specified warning .
Size of letters and figures.
9. No specified warning or indication of nicotine and tar contents in cigarettes shall be deemed to be in accordance with the provisions of this Act if the height of each letter or figure , or both used on such warning and indication is less than the height as may be prescribed by rules made under this Act .
Testing labora- tory for nicotine and tar contents .
10. For purposes of testing the nicotine and tar contents in cigarettes the Central Government shall by notification in the Official Gazette grant recognition to suchtesting laboratory as that Government may deem necessary.
Power of entry and search 11.(1) Any police officer, not below the rank of a sub - inspector or any officer of State Food or Drug Administration or any other officer , holding the equivalent rank being not below the rank of Sub - Inspector of Police , authorised by the Central Government or by the State Government may, if he has any reason to suspect that any provision of this Act has been, or is being, contravened, enter and search in the manner prescribed , at any reasonable time , any factory, building , business premises or any other place,
(a)where any trade or commerce in cigarettes or any other tobacco products is carried on or cigarettes or any other tobacco products are produced, supplied or distributed; or
(b) where any advertisement of the cigarettes or any other tobacco products has been or is being made .
2 of 1974.
(2) The provisions of the Code of Criminal Procedure, 1973 , shall apply to every search and seizure made under this Act .
Power to seize.
12. (1 ) If any police officer , not below the rank of a sub - inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub - Inspector of Police , authorised by the Central Government or by the State Government, has any reason to believe that, ---
(a) in respect of any package of cigarettes or any other tobacco products , or
(b) inrespect of any advertisement of cigarettes or any other tobacco products ,
the provisions ofthis Act have been , or are being , contravened, he may seize such package oradvertisement material in the manner prescribed.
(2)No package of cigarettes or any other tobacco products or advertisement material seized under clause (a) of sub- section ( 1 ) shall be retained by the officer who seized the package or advertisement material for a period exceeding ninety days from the date of the seizure unless the approval of the District Judge, within the local limits of whose jurisdiction such seizure was made , has been obtained for such retention.
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[PART II-- Confiscation of package.
13.Any package of cigarettes or any other tobacco products or any advertisement material of cigarettes or any other tobacco products , in respect of which any provision of this Act has been or is being contravened, shall be liable to be confiscated:
Provided that, where it is established to the satisfaction of the court adjudging the confiscation that the person in whose possession , power or control any such package of cigarettes or any other tobacco products is found is not responsible for the contravention ofthe provisions of this Act, the Court may, instead of making an order for the confiscation of such package , make such other order authorised by this Act against the person guilty of the breach of the provisions of this Act as it may think fit.
Power to give option to pay costs in lieu of confiscation .
14. (1) Whenever any confiscation of any package of cigarettes or any other tobacco products is authorised by this Act, the court adjudging it may , subject to such conditions as may be specified in the order adjudging the confiscation , give to the owner thereof an option to pay, in lieu of confiscation , costs which shall be equal to the value of the goods confiscated.
(2) On payment of the costs ordered by the court , the seized packages shall be returned to the person from whom they were seized on condition that such person shall, before making any distribution , sale or supply of such packages of--
(a) cigarettes, get the specified warning and indication of nicotine and tar contents incorporated on each such package ;
(b) other tobacco products , get the specified warning , incorporated on each such package .
Liability to pay penalty.
15. Any person who carries on any trade or commerce in , or who produces , supplies or distributes , cigarettes or any other tobacco products , shall--
(a) if any package of cigarettes does not contain the specified warning and indication of the nicotine and tar contents ; and
(b) ifany package of any other tobacco products does not contain the specified warning,
be liable to pay a penalty not exceeding five times the value of the package of cigarettes or of any other tobacco products or one thousand rupees , whichever is more , whether or not such package of cigarettes or any other tobacco products , has been confiscated or is available for confiscation .
16. No confiscation made , costs ordered to be paid or penalty imposed under this Act shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this Act or under any other law.
Confiscation or penalty not to interfere with other punish- ments .
Adjudication.
17.Any confiscation of cigarettes or any other tobacco products may be adjudged or costs may be ordered to be paid or penalty be imposed,-
(a) without any limit, by the principal civil court of original jurisdiction within the local limits of whose jurisdiction such confiscation has been made , costs have been ordered to be paid, or penalty has been imposed , as the case may be;
(b) subject so such limits as may be specified by the Central Government in this behalf, by such other court, not below a civil court having pecuniary jurisdiction exceeding rupees five thousand , as the Central Government may, by notification in the Official Gazette , authorise in this behalf.
Giving opportu- nity to the owner of seized pack- ages.
18. (1) No order adjudging confiscation or directing payment of costs or imposing penalty shall be made unless the owner or person in possession of the package of cigarettes or any other tobacco products has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such package, and giving him a reasonable opportunity of making a representation in writing , within such reasonable time as may be 7
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2 ]
specified in the notice , against the confiscation or imposition of penalty mentioned therein, and, if he so desires , of being heard personally or through a representative in the matter :
Provided that, where no such notice is given within a period of ninety days from the date of the seizure of the package of cigarettes or of any other tobacco products , such package shall be returned , after the expiry of that period , to the owner or the person from whose possession it was seized.
5 of 1908 .
(2) Save as otherwise provided in sub- section ( 1 ) , the provisions of the Code of Civil Procedure , 1908 , shall , as far as maybe , apply to every proceeding referred to in sub- section ( 1) .
Appeal .
19. (1 ) Any person , aggrieved by any decision of the court adjudging a confiscation , ordering the payment of costs or imposing a penalty, may prefer an appeal to the court to which an appeal lies from the decision of such court.
(2) The appellate court may, after giving to the appellant an opportunity of being heard, pass such order as it thinks fit confirming, modifying or reversing the decision or order appealed against or may send back the case with such directions as it may think fit for a fresh decision or adjudication , as the case maybe , after taking additional evidence , if necessary:
Provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating of goods of greater value shall not be made under this section unless the appellant has had an opportunity of making a representation and, if he so desires , of being heard in person or through'a representative in his defence .
(3) No further appeal shall lie against the order of the court of appeal .
20.(1) Any person who,-
Punishment for failure to give and nicotine and tar contents specified warning (a) sells , or distributes or supplies in the course of any trade or commerce , any package of cigarettes or any other tobacco products , which does not contain , either on the package or on its label , the specified warning and the nicotine and tar contents or, the specified warning, as the case may be;
(b) produces , or supplies or distributes in the course of any trade or commerce , any package of cigarettes or any other tobacco products which does not contain , either on the package or on its label , the specified warning and the nicotine and tar contents or, the specified warning , as the case may be ,
shall in the case of first conviction be punishable with imprisonment for a term , which may extendto three years , or with fine which may extend to one lakh rupees , or with both , and , for the second or subsequent offences , with imprisonment for a term which may extend to three years , or with fine which may extend to two lakh rupees , or with both.
21.(1) Whoever contravenes the provisions of section 3 shall be punishable with fine which may extend to two hundred rupees .
Punishment for smoking in certain places 2 of 1974.
(2) An offence under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure , 1973 .
22. Whoever contravenes the provision of section 4 shall , on conviction , be punishable-
Punishment for advertisement of tobacco products .
(a) inthecase of first conviction , with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees ;
(b) in the case of second or subsequent conviction , with imprisonment which may extend to three years , or with fine which may extend to two lakh rupees , or with both.
Forfeiture of advertisement and advertise- ment material .
23.Where any person has been convicted under this Act for the contravention of the provision of section 4, the advertisement and the advertisement material for tobacco products may be forfeited to the Government and such advertisement and advertisement material shall be disposed of in such manner as may be prescribed by rules made under this Act .
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[PART II- 24.( 1) Any person who contravenes the provisions of section 5 shall be guilty of an offence under this Act and shall be punishable with fine which may extend to two hundred rupees.
2 of 1974 .
(2)All offences under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 .
Punishment for sale of cigarettes orany other tobacco products in certain places or to persons below the age of eighteen years .
25. ( 1 ) Notwithstanding anything contained in any other law for the time being in force, the Central Government or the State Government may, by notification in the Official Gazette, authorise one or more persons who shall be competent to act under this Act:
Prevention, detention and place of trial of offences under sections 3 and 5.
Provided that the person so authorised may , if he has reasonable ground for believing that any person has committed an offence under section 3 or section 5, may detain such person unless the accused person furnishes his name and address , and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him.
(2)Where a police officer or any officer of the State Government , not below the rank of Sub - Inspector of Police, as authorised by that Government, has reasonable grounds for believing that any person has committed an offence under section 3 or section 5, he may arrest without warrant such person.
(3) Any person detained under sub- section ( 1 ) or arrested under sub - section (2) shall forthwith be taken before Magistrate to be dealt with according to law .
(4)Any person committing an offence under section 3 or section 5 shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force .
(5) Every notification issued under sub - sections ( 1 ) and (4) shall be published in the Official Gazette , and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as the State Government may direct .
45 of 1860 .
(6) Every person authorised under sub- section ( 1 ) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code .
Offences by com- panies.
26. (1) Where an offence under this Act has been committed by a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub- section shall render any such person liable to any punishment , if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence .
(2) Notwithstanding anything contained in sub - section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committedwith the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director , manager, secretary or other officer shall be proceeded against and punished accordingly.
Explanation. For the purposes of this section,-
(a)"company" means a body corporate and includes a firm or other association ofindividuals ; and
(b)"director", in relation to a firm, means a partner in the firm.
2of 1974.
27.(1) Notwithstanding anything contained in the Code of Criminal Procedure , 1973 , an offence punishable under this Act shall be bailable .
Offences to be cognizable and bailable.
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(2) For the avoidance of doubts , it is hereby declared that any offence punishable under this Act, other than an offence under section 3 or section 5, shall be cognizable .
Composition of offences .
28.( 1) Any offence committed under section 3 or section 5 may either before or after the institution of the prosecution be compounded by such officer authorised by Central Government or State Government and for an amount which may not exceed two hundred rupees.
(2) Where an offence has been compounded under sub - section ( 1 ) , the offender , if in custody, shall be discharged and no further proceedings shall be taken against him in respect ofsuch offence .
Protection of action taken in good faith.
29. No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act .
Power to add any tobacco products in the Schedule .
30. The Central Government , after giving by notification in the Official Gazette , not less than three months ' notice of its intention so to do , may, by like notification , add any other tobacco product in respect of which it is of opinion that advertisements are to be prohibited and its production , supply and distribution is required to be regulated under this Act, and thereupon the Schedule shall in its application to such products be deemed to be amended accordingly.
31. (1 ) The Central Government may, by notification in the Official Gazette , make rules to carry out the provisions of this Act .
Power of the Central Government to make rules .
(2)Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters , namely:--
(a) specify the form and manner in which warning shall be given in respect of cigarettes under clause ( o ) of section 2;
(b) specify the maximum permissible nicotine and tar contents in cigarettes under the proviso to sub- section (5) of section 6;
(c) specifythe manner in which the specified warning shall be inscribed on each package of cigarettes or its label under sub- section ( 2) of section 7;
(d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes under section 9 ;
(e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes has been seized;
( provide for any other matter which is required to be , or may be, prescribed.
(3)Every rule made under this Act and every notification made under section 30 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 session aforesaid , both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made , the rule or notification 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 or notification.
Power of the State Government to make rules 32.(1 ) The State Government may, by notification make rules , not being a matter for which the rules are or required to be made by the Central Government, for carrying out the provisions of this Act .
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[PART II-
(2)Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters , namely:-
(a) specify the form and manner in which warning shall be given in respect of anytobacco products other than Cigarettes referred to in clause (o) of section 2;
(b) specify the period for which the specified warning shall be inscribed on each package of tobacco products or its label under sub- section (2) of section 7;
(c)provide for the manner in which entry into and search of any premises is to be conductedand the manner in which the seizure of any other products of tobacco other thancigarettes shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any other product of tobacco other than cigarettes has been seized;
(d) provide for any other matter which is required to be , or may be , prescribed.
(3) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made , before the State Legislature .
33.Nothing contained in this Act shall apply to any cigarette or package of cigarettes which is exported:
Act not to apply to cigarettes which are exported.
Provided that nothing in this section shall be deemed to authorise the export of any package of cigarettes , not containing the specified warning and indication of nicotine and tar contents to any country if the law in force in that country requires that the same or similar warning and nicotine and tar contents shall be specified on each package of cigarettes.
Explanation.--For the purpose of this section , any cigarette or package of cigarettes shall be deemed to be exported before the commencement of this Act, if the necessary steps for export have already been taken notwithstanding that the actual export has not taken place.
49 of 1975 Repeal and savings.
34.( 1) The Cigarettes (Regulation of Production , Supply and Distribution ) Act, 1975, ishereby repealed .
(2)Notwithstanding such repeal, anything done or any action taken under the provisions of the aforesaid Act, shall , in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act .
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SEC. 2]
THE SCHEDULE
[See section 2 (p) ]
1. Cigarettes
2. Cigars
3. Cheroots
4. Beedis
5. Cigarette tobacco , pipe tobacco and hookah tobacco
6. Chewing tobacco
7. Snuff
8. Pan masala or any chewing material having tobacco as one of its ingredients (with whatever name called) .
9. Gutka
10. Tooth powder containing tobacco.
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[PART II-
STATEMENT OF OBJECTS AND REASONS
Tobacco is universally regarded as one of the major public health hazards and is responsible directly or indirectly for an estimated eight lakh deaths annually in the country. Ithas also been found that treatment of tobacco related diseases and the loss of productivity caused therein cost the country almost Rs . 13,500 crores annually, which more than offsets all the benefits accruing in the form of revenue and employment generated by tobacco industry. The need for a comprehensive legislation to prohibit advertising and regulation ofproduction, supply and distribution of cigarettes and tobacco products was recommended by the Parliamentary Committee on Subordinate Legislation (Tenth Lok Sabha ) and a number of points suggested by the Committee on Subordinate Legislation have been incorporated in the Bill .
2. The proposed Bill seeks to put total ban on advertising of cigarettes and other tobacco products and to prohibit sponsorship of sports and cultural events either directly or indirectly as well as sale of tobacco products to minors . It also proposes to make rules for the purpose of prescribing the contents of the specified warnings , the languages in which they are to be displayed, as well as displaying the quantities of nicotine and tar contents of these products . For the effective implementation of the proposed legislation , provisions have been proposed for compounding minor offences and making punishments for offences by companies more stringent. The objective of the proposed enactment is to reduce the exposure of people to tobacco smoke (passive smoking ) and to prevent the sale of tobacco products to minors and to protect them from becoming victims of misleading advertisements . This will result in a healthier life style and the protection of the right to life enshrined in the Constitution . The proposed legislation further seeks to implement article 47 of the Constitution which , inter alia, requires the State to endeavour to improve public health of the people .
3. The Bill seeks to achieve the aforesaid objects .
C. P. THAKUR.
NEWDELHI
The 22nd February, 2001 .
SEC. 2]
13 THE GAZETTE OF INDIA EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 31 of the Bill seeks to empower the Central Government to make rules for the purposes of carrying out the provisions of the Bill , inter alia, to specify the form and manner inwhich warning shall be given in respect of cigarettes , to specify the maximum permissible nicotine and tar contents in cigarettes and to provide for the manner in which the powers of, entry, search and seizure by an officer not below the rank of Sub - Inspector of Police shallbe carried out.
2. Clause 32 of the Bill empowers the State Government to make rules to provide for similar matters in respect of tobacco products other than cigarettes .
3. The matters in respect of which rules may be made are matters of procedure or detail . The delegation of legislative power is , thus , of a normal character.
14
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
BILL NO . XXVIII OF 2001
A Bill, to amend the Pre - natal Diagnostic Techniques ( Regulation and Prevention of Misuse) Act, 1994 .
BE it enacted by Parliament in the Fifty- second Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Pre-natal Diagnostic Techniques (Regulation and Prevention ofMisuse) Amendment Act, 2001.
2. In the Pre- natal Diagnostic Techniques (Regulation and Prevention of Misuse ) Act, 1994, in section 8, in sub-section (1) , in clause (a) ,-
Amendment ofsection 8 ofAct 57 of1994 .
(i) the word" and" shall be omitted;
(ii)the following proviso shall be inserted, namely:-
"Provided that the term of office of a member elected under clause (f) of sub- section (2 ) of section 7 shall come to an end as soon as the member becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People , or the Deputy Chairman of the Council of States or ceases to be a member of the House from which she was elected; and" .
SEC. 2]
15
THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse ) Act, 1994 and the Rules framed thereunder came into force with effect from 1st January, 1996. The Act provides for regulation of the use of pre- natal diagnostic techniques for detecting genetic or metabolic disorders , chromosomal abnormalities , certain congenital malformations of sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre -natal sexdetermination leading to female foeticide , and for matters connected therewith or incidental thereto.
2. A Central Supervisory Board has been constituted under section 7 of the Act which includes three women Members of Parliament. At present, there is no provision in the Act for deemed termination of membership of a Member of Parliament on her subsequent appointment as a Minister or Minister of State or Deputy Minister or the Speaker or Deputy Speaker , Lok Sabha or Deputy Chairman , Rajya Sabha. It is proposed to provide that consequent upon a Member of Parliament becoming a Minister or Minister of State or Deputy Minister or the Speaker or Deputy Speaker of the House of the People , or the Deputy Chairman of the Council ofStates , her membership of that body shall stand terminated.
3. The Bill seeks to achieve the above object by amending the relevant provisions of the
Act.
C. P. THAKUR
NEWDELHI;
The 14 th February, 2001 .
R. C. TRIPATНІ , Secretary -General .
PUBLISHED BY THE SECRETARY - GENERAL, RAJYA SABHA UNDER RULE 68 OF THE RULES OF THE PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.
MGIP( PLU ) MRND-7092GI-11-04-2001.