The ASSAM HEALTH (PROHIBITION OF MANUFACTURING,  ADVERTISEMENT, TRADE, STORAGE, DISTRIBUTION, SALE AND  CONSUMPTION OF ZARDA, GUTKHA, PANMASALA ETC.  CONTAINING TOBACCO AND/OR NICOTINE) ACT, 2013
###### Registered No.-768/97

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## THE ASSAM GAZETTE

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###### EXTRAORDINARY

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###### PUBLISHED BY THE AUTHORITY

91~ 30 N-t~, ll5fa<\<I~, 11 C~<il~, 2014, 22 ~. 1935 ~)

###### No. 30 Dispur, Tuesday, 11th February, 2014, 22nd Magha, 1935 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERSBYTHE GOVERNOR

 LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH

 NOTIFICATION

 The 11th February, 2014

 No. LGL.22/2013/49.- The following Act of the Assam Legislative Assembly

 which received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. I OF 2014

 (Received the assent of the Governor on 8th February, 2014)

 THE ASSAM HEALTH (PROHIBITION OF MANUFACTURING,

 ADVERTISEMENT, TRADE, STORAGE, DISTRIBUTION, SALE AND

 CONSUMPTION OF ZARDA, GUTKHA, PANMASALA ETC.

 CONTAINING TOBACCO AND/OR NICOTINE) ACT, 2013


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###### AN ACT

 to improve public health and prevent incidence of cancer and other
 p
 health hazards and addictions among the people of the State and for

r.,,

###### matters connected therewith or incidental thereto.

 Preamble Whereas it is considered expedient to enact a
 comprehensive law on smokeless and chewing tobacco and/or nicotine in the public interest and to protect public health;

 And whereas it is expedient to prohibit
 manufacturing, advertisement, trade, storage, distribution, sale and consumption of Zarda, Gutkha, Panmasala containing tobacco and/or nicotine and various types -of smokeless and chewing tobacco and/or nicotine or any of its derivatives in any form, which are injurious to health with a view to achieve improvement of public health in general as enjoined by Article 4 7 of the Constitution, and to make any violation of such prohibition a penal offence, which is cognizable and non-bailable;

 It is hereby enacted in the Sixty-fourth Year of the
 In1
 Republic as follows :-

 Short title, I. (1) This Act may be called the Assam Health (Prohibition extent and of Manufacturing, Trade, Advertisement, Storage,
 Po
 commence- Distribution, Sale And Consumption of Zarda, Gutkha,
 rer

di1 ment Panmasala etc. Containing Tobacco and/or nicotine)

###### Act, 2013.

 (2) It extends to the whole of Assam.

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

 Definitions 2. In this Act, unless the context otherwise required,-

 ( a) "advertisement" means and includes any visible representation by way of notice, circular, label, pamphlet, display on hoardings, balloons, wrapper or other documents and also includes any announcements made orally or by any means of light, sound, smoke, gas which has the effect of promoting use and consumption of chewing and smokeless tobacco products;


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whether free or otherwise;

( d) "Government" means the Government of Assam;

( e) "manufacture", with its grammatical variations and
cognate expressions, includes the manufacturing of all
forms of chewing and smokeless tobacco and/or nicotine

products,.. zarda, gutkha pan masala or any chewing
materials having tobacco and/or nicotine as one of its
ingredients, by whatever name called;

(f) '<rules" means the rules framed under this Act;

(g) "sale", with all 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
includes an agreement for sale, and offer for sale and
exposure for sale;

(h) "tobacco" means smokeless and chewing tobacco and
tobacco products and includes leaves and other vegetative
parts of Nicotina-Tabacum, commonly known as
tambaku, dhapat, zarda or by any other name or names in
all its variants in solid or any other form and all types of
chewing and smokeless tobacco and tobacco products
including gutkha, pan masala and other chewing material
having tobacco as one of its ingredients, by whatever
name called, tooth powder containing tobacco and any
other prodµct which may be notified by the Government,
for the purpose of this Act.

Power of 3. (1) The Government may, by notification, authorize one or
Government more persons who shall be competent to act under this
to authorize Act.
Officers

(2) Every person authorized under sub-section (I), shall be

deemed to be public servant within the meaning of Central Act
section 21 of the Indian Penal Code, 1860. No. 45 of

1860

Prohibition 4. (1) No person shall engage in or purported to be engaged

###### of certain in all or any one of the following acts within the State
acts under of Assam:-
the Act

(a) manufacturing of Zarda, Gutkha, Panmasala etc.
containing tobacco and/or nicotine and various types of
smokeless and chewing tobacco or any of its derivatives
in any form;

(b) advertisement of Zarda, Gutkha, Panmasala etc.

containing tobacco and/or nicotine and various types of


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and chewing tobacco or any of its derivatives in any
form;

( d) trade, distribution including wiloading, and sale of
Zarda, Gutkha, Panmasala etc. containing tobacco and/or
nicotine and various types of smokeless and chewing
tobacco or any of its derivatives in any form;

( e) consumption including possession of Zarda, Gutk.ha,
Panmasala etc. containing tobacco and/or nicotine and
various types of smokeless and chewing tobacco or any
###### of its derivatives in any form;

(2) Notwithstanding anything contained m the foregoing
provisions, the Government may, by notification,
authorise, storage and sale of tobacco for the purpose of
medicinal use for any period in any specific place. '

Offence 5. Any person who contravences any of the provisions of

section 4 shall commit an offence punishable under this
Act.

Penalty 6. (a) Whoever commits any offence as mentioned in section

4( 1) (a) (b) ( c) and ( d) shall be punished with
imprisonment for a term which may extend to 7 years
and with fine not less than 1 lakh rupees and which may
extend to 5 lakhs rupees.

(b) Whoever commits any offence as mentioned in Section
4 (e) shall be punished with fine up to Rupees 1,000 for
the first offence and _Rs._ 2000 for the second and any
subsequent offence or offences.

(c) If any person after having been previously convicted of
an offence under this Act, subsequently commits and
convicted for the same offence, he shall be liable to
twice the punishment, which might have been imposed
on a first conviction, subject to the. punishment being
maximum provided for the same offence.

Power of 7. ( 1) Any person or officer authorized in this behalf under
search and section 3 or any Police officer, not below the rank of
seizure Sub-Inspector, shall have the power to enter, and search

any place and seize of the entire quantity of tobacco,
zarda, gutkha, panmasala etc. containing tobacco and/or
nicotine that may be stored for manufacture, trade,
distribution, sale, consumption or otherwise or in the
possession of any person for manufacture, trade,


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made under this Act.

(3) Any quantity of tobacco, zarda, gutkha, panmasala etc.
containing tobacco and/or nicotine or any advertisement
material seized under this Act shall be produced before
the Competent Court which shall be confiscated and
disposed of with the order of the Court.

(4) No confiscation made under this section shall prevent
the infliction of any punishmem under this Act.

Offences by 8. (1) Where an offence under this Act which have been
Company committed by a company, every person, who at the time
the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the
business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly.

(2) Notwithstanding anything contained in sub-section ( 1 ),

v.ilere an offence ' ..; :hi5 Act has been co~tted by

zr.d; ec that the offence has been

ronnivance of or is

ect the pa.rt ot: any Director,

-keeper. Y endor or any other
officer of the , . S'.ich Director, Manager,

Secretary, Store-keeper endor or any other officer of
the company, shall also be deemed to be liable to be
proceeded against and punished ac.cordingly.

Explanation:- For the purpose of this section,-

(a) "Company" means any body corporate and
include a firm or other association of
individuals; and

(b) "Director" in relation to a firm, means a
partner in the firm.

Cognizance 9. (1) Any offence committed under section 4 (I) (a) (b) (c) (d)
of offence shall be cognizable and non-bailable and offence committed
under section 4 ( l) ( e) shall be cognizable and bailable.

(2) All offences under this Act shall be tried by a
competent Court not below the3 rank of a Judicial Central Act
Magistrate of the 1st Class and shall be tried in the No. 2 of
manner as provided in the Code of Criminal Procedure, 1974
###### 1973.

Fund for 10. (I) The amount of the fine ordered by the Court and any
awareness amount received on account of confiscation and
programme disposal of any confiscated tobacco, zarda, gutkha,
panmasala etc. containing tobacco and/or nicotine or


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(2) Where the order of the Court relating to fine is not

voluntarily complied with, the same shall be realized as
an arrear of land revenue ooder the provisions of the Bengal Act
Bengal Public Demands Recovery Act, 1913, from the No. 3 of
Concerned person. 1913

Power to 11. (l) The Government max make rules for carrying out the
Make rules provisions of tllls Act.

(2) All rules ma.de by the State Government under this Act shall.

as soon as may be after they are made, be laid before the
State Legislative Assembly while it is in sessio~ for a total
period of not less than fourteen days which may be _I_
comprised in one session or two or more successive sessions,
and shall, unless some later date is appointed, take effect
from the date of their public.ation in the Official Gazette

subject to such modification or annulments as the Legislative
Assembly may, during the said period agree to make so
however, that any such modification or annulment shall 'be
vvith.out prejudice to the validity of anything previously done
thereunder.

Act-to have 12. Notvvithstanding anything contrary contained in any
overriding other law for the time being in force, the provisions of
effect this Act shall have overriding effect.

Interpretation 13. If any difficulty arises in the interpretation of any

provision of the Act, the interpretation of the
Government shall be final.

Power to 14. If any diffi~ulty arises in giving effect to the provisions
remove of this Act, the Government may, by order, do anything
difficulty not inconsistent vvith the provisions of this Act, which

appears to him to be necessary or expedient for the
purpose of removing the difficulty.

#### 1

###### S. M. BUZAR BARUAH, Secretary to the Govt. of Assam, Legislative Department, Dispur.


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