The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Tamil Nadu Amendment Act, 2022

(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.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

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 communal hookah or narghile which is provided individually;”.

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

“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.”.

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

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

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