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1

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.

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 :—

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) (Maharashtra Amendment) Act, 2018.

34 of

2003.

Short title.

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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.

———————

RNI No. MAHENG /2009/35528

(1)

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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 :—

“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.

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 ;

(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 :—

“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 :—

“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 :—

“27A.

An offence under section 4A shall be cognizable.”.

Amendment

of section 3 of

Act 34 of

2003.

34 of

2003.

Insertion of

new section

4A in Act 34

of 2003.

Prohibition of

hookah bar.

XXII of

1951.

Amendment

of section 12

of Act 34 of

2003.

Insertion of

new section

13A in Act 34

of 2003.

Power to

seize.

Insertion of

new section

21A in Act 34

of 2003.

Punishment

for running

hookah bar.

Insertion of

new section

27A in Act 34

of 2003.

Offence under

section 4A to

be cognizable.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR

SHRI MANOHAR SHANKAR GAIKWAD, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI

ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.