IV-2 Ex. (245)

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2023

[Price: Re. 0.80 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 245]

CHENNAI, FRIDAY, JUNE 30, 2023

Aani 15, Sobakiruthu, Thiruvalluvar Aandu–2054

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[105]

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the President on the 21st June 2023 and

is hereby published for general information:—

Act No. 22 of 2023

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 Tamil Nadu.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-third 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) Tamil Nadu

Amendment Act, 2022.

Short title and

commence-

ment.

(2) It shall come into force on such date as the State

Government may, by notification, appoint.

Central 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:—

Amendment of

section 3.

“(ee) “hookah bar” means an establishment where people

gather to smoke tobacco from a communal 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.

106

TAMIL NADU GOVERNMENT GAZETTE  EXTRAORDINARY

“4A.Prohibition of hookah bar.—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

the customers in any place including a eating house.

Explanation.—“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 section 12 of the principal Act, in sub-section (1),—

Amendment of

section 12.

(i) in clause (b), after the expression, “or is being made”, the

expression; “or” shall be added;

(ii) after clause (b), as so amended, 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.

“13A. Power to seize.—If any police officer, not below the

rank of a Sub-Inspector, authorised 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.

“21A. Punishment for running hookah bar.—Whoever

contravenes the provisions of section 4A shall be punished with

imprisonment for a term which shall not be less than one year, but

may extend to three years and shall also be liable to fine which shall

not be less than twenty thousand rupees, but may extend to fifty

thousand rupees.”.

(By Order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU