Part VIII (Ex. 136) (Oct. 4th 2018) Maharashtra Act No. LX of 2018

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महाराष्ट्र शासन राजपत्र

असाधारण भाग आठ

वर्ष ४, अंक ६६] गुरुवार, ऑक्टोबर ४, २०१८/आशि्वन १२, शके १९४० [पृष्ठे २, किंमत : रुपये २७.००

असाधारण क्रमांक १३६

प्राधिकृत प्रकाशन

महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि

विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Maharashtra Amendment) Act, 2018 (Mah. Act No. LX of 2018), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT, Secretary (Legislation) to Government, Law and Judiciary Department.

———————

MAHARASHTRA ACT No. LX of 2018.

(First published, after having received the assent of the President in the

"Maharashtra Government Gazette", on the 4th October 2018).

An Act 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 Maharashtra.

34 of 2003.

WHEREAS it is expedient 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 Maharashtra, for the purposes hereinafter appearing ; it is hereby enacted in the Sixty-ninth Year of the Republic of India as follows :—

Short title.

Amendment of section 3 of Act 34 of 2003.

2. In section 3 of 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"), after clause (e), the following clause shall be inserted, namely :—

"(ee) "hookah bar" means an establishment where people gather to smoke tobacco from a community hookah or narghile which is provided individually ;".

3. After section 4 of the principal Act, the following section shall be inserted, namely :—

Insertion of new section 4A in Act 34 of 2003.

Prohibition of hookah bar.

"4A. 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 in any place including the eating house.

XXII of 1951.

Explanation.—The term "eating house" shall have the same meaning as assigned to it in clause (5A) of section 2 of the Maharashtra Police Act.".

4. In section 12 of the principal Act, in sub-section (1),—

(i) in clause (b), after the word "made" the word "; or" shall be added ;

Amendment of section 12 of Act 34 of 2003.

(ii) after clause (b), the following clause shall be added, namely :—

"(c) where any hookah bar is being run.".

5. After section 13 of the principal Act, the following section shall be inserted, namely :—

Insertion of new section 13A in Act 34 of 2003.

Power to seize.

"13A. If any police officer, not below the rank of Assistant Police Inspector, authorized by the State Government, has reason to believe that the provisions of section 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.".

6. After section 21 of the principal Act, the following section shall be inserted, namely :—

Insertion of new section 21A in Act 34 of 2003.

Punishment for running hookah bar.

"21A. Whoever contravenes the provisions of section 4A, shall be punishable with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine which may extend to one lakh rupees but which shall not be less than fifty thousand rupees.".

7. After section 27 of the principal Act, the following section shall be inserted, namely :—

Insertion of new section 27A in Act 34 of 2003.

"27A. An offence under section 4A shall be cognizable.".

Offence under section 4A to be cognizable.