Bare Act
The Cigarettes and Other Tobacco Products (Prohibition of Advertising and Regulation of Trade and Commerce, Production, Supply and Distribution) (Chhattisgarh Amendment) Act, 2021
1. Short title and commencement
Short title and commencement.
- (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) (Chhattisgarh Amendment) Act, 2021.
- (2) It shall come into force from the date of its publication in the Official Gazette.
2. Amendment of section 3
Amendment of section 3. 2. After clause
- (p) of section 3 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (No. 34 of 2003) (hereinafter referred to as the principal Act), the following shall be inserted, namely:-
- (pp) "Hookah Bar" means an establishment where people gather for the purpose of smoking tobacco with or any other substance through a community hookah or narghile (gurguri), which is supplied, individually or collectively.
3. Insertion of new sections 4A and 4B in the Act (No. 34 of 2003)
Insertion of new sections 4A and 4B in the Act (No. 34 of 2003) the following shall be inserted, namely:—
4A. Prohibition of Hookah Bar.
No person shall, directly or indirectly, either on his own or on behalf of any other person, open or run any Hookah Bar. Explanation.—For the purpose of this section, "Hookah Bar" includes an establishment where people gather to smoke tobacco by using common hookah or narjila (gad-gada) or any other device, which is offered, or provided, to the individuals or, as the case may be, to the group of individuals, for use.
4B. Penalty for contravention of section 4A.
Whoever contravenes the provisions of section 4A shall be punishable with imprisonment which may extend to three years but shall not be less than one year, and with fine which may extend to fifty thousand rupees but shall not be less than twenty thousand rupees.
6. Insertion of new sections 21A and 21B in the Principal Act (No. 34 of 2003)
Insertion of new sections 21A and 21B in the Principal Act (No. 34 of 2003) the following shall be inserted, namely:—
21A. Power of Police Officer to seize.
- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), any police officer, not below the rank of Sub-Inspector or any officer empowered by the State Government in this behalf, may search and seize any material or equipment, including all things used in the operation of the Hookah Bar, the hookah, the tobacco, the charcoal, the pipes and other related items used in smoking, if there is a reason to believe that a Hookah Bar is being operated in violation of the provisions of this Act.
- (2) Every officer seizing anything under sub-section
- (1) shall produce the same before the Magistrate having jurisdiction within twenty-four hours of such seizure.
21B. Offence to be cognizable and non-bailable.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), any offence punishable under section 4B of this Act shall be a cognizable and non-bailable offence.
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