Bill banning sale of loose cigarettes tabled in House

Tribune News Service

Shimla, August 26

Health and Family Welfare Minister Kaul Singh Thakur today tabled the Himachal Pradesh Prohibition of Sale of Loose Cigarettes and Bidis and Regulation of Retail Business of Cigarette and Other Tobacco Products Bill, 2016 in the Vidhan Sabha.

“The Act will make it mandatory for registration of retail business of cigarette and other tobacco products in the state,” he said, adding that the 2003 Act provides the specifications for packaging and labeling of cigarettes and other tobacco products but is silent on the sale of loose cigarettes which obviously does not have the prescribed warning signs mentioning the dangers of its consumption.

He said on contravention of the Act, there is provision for imprisonment up to six months and a fine of up to Rs 50,000 which will be doubled in case of a second-time violation.

He pointed out that the Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 was a Central Act which had no provision for regulation of retail business of cigarettes and other tobacco products. “It is with a view to discourage people, mainly the younger generation from getting addicted to cigarettes and other tobacco products that the Bill has been brought,” he said.

He pointed out that even the Nainital High Court had also given a verdict that the sale of loose cigarettes should not be allowed.

The proposed legislation provides for the registration of the retailers carrying retail business of cigarettes and other tobacco products and imposition of complete prohibition on sale of loose cigarettes and beedies in the state.

The Bill provides for punishment on contravention of its provisions and also empowers police officer or any authorized officer of the state government to enter and search the business premises where such products are stored and may seize such material if he has reason to believe that the provisions are being contravened. The offences shall be cognizable, bailable and compoundable.

Urban Development Minister Sudhir Sharma also introduced the Himachal Pradesh Municipal Corporation (Amendment) Bill 2016 and Himachal Pradesh Municipal (Amendment) Bill 2016.“Under this Section 4 of the Act, the state government has the power to nominate not more than three persons having special knowledge or experience of Municipal Administration but now it has been proposed to increase the number of nominated members from three to five,” he said. As per Section 46 of the Himachal Pradesh Municipal Corporation Act, 1994 the state government is empowered to appoint Joint Assistant Commissioner and certain other officers in the MC.

According to the existing provisions of section 46, the Legal Advisor-cum- Law Officer with seven years service would be designated as Additional Commissioner, whereas, an officer from the Civil State Service after completing eight years service will be designated as Joint Commissioner. Thus, in order to remove this ambiguity it has been decided to make these provisions. The CM introduced the Himachal Pradesh Law University Bill, 2016.