Himachal Pradesh Prohibition of Sale of Loose Cigarettes and Beedies and Regulation of Retail Business of Cigarettes and Other Tobacco Products Act, 2016
No: 17 Dated: Oct, 07 2016
THE HIMACHAL PRADESH PROHIBITION OF SALE OF LOOSE CIGARETTES AND BEEDIES AND REGULATION OF RETAIL BUSINESS OF CIGARETTES AND OTHER TOBACCO PRODUCTS ACT, 2016
(ACT NO. 17 OF 2016)
An Act to provide for prohibition of sale of loose cigarettes and beedies and regulation of retail business of cigarettes and other tobacco products operating in the State of Himachal Pradesh and for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty- seventh Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Prohibition of Sale of Loose Cigarettes and Beedies and Regulation of Retail Business of Cigarettes and Other Tobacco Products Act, 2016.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) “cigarette” and “beedi ” includes,-
(i) any roll of tobacco wrapped in paper or in any other substance not containing tobacco; or
(ii) any roll of tobacco wrapped in any substance containing tobacco, which, by reason of its appearance, the type of tobacco used in the filter, or by its packaging and lebeling, is likely to be offered to, or purchased by consumers as cigarette or beedi;
(b) "prescribed” means prescribed by rules made under this Act;
(c) “sale” with its grammatical variations and cognate expressions, means any transfer of property in Goods by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale, or retail, and includes an agreement for sale, offer for sale or exposure for sale;
(d) “premises” means any location or vessel where any form of retail business specified in this Act or storage or retail sale of any article of cigarettes and other tobacco products is done;
(e) “person” means any natural person, partnership, co- operative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity;
(f) “tobacco products” means the products specified in the Schedule appended to the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003;
(g) “registration” means the registration granted under section 5 of this Act; and
(h) “Registering Authority” means such authority as the State Government may, by notification, designate.
(2) The words and expressions used in this Act, but not defined, shall have the meanings as defined in the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
3. Prohibition of sale of loose cigarettes and beedies.- No person shall sell, offer for sale, or permit sale of loose cigarettes or beedies within the State of Himachal Pradesh.
4. Restriction on retail business of tobacco products.- No person shall carry retail business of any tobacco products without being registered under section 5 of this Act.