12Power of entry and search
(1) Any police officer, not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police, authorise side by the Central Government or by the State Government may, if he has any reason to suspect that any provision of this Act has been, or is being, contravened, enter and search in the manner prescribed, at any reasonable time, any factory, building, business premises or any other place,--
(a) where any trade or commerce in cigarettes or any other tobacco products is carried on or cigarettes or any other tobacco products are produced, supplied or distributed; or
(b) where any advertisement of the cigarettes or any other tobacco products has been or is being made.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to every search and seizure made under this Act.
STATE AMENDMENT
Gujarat
Amendment of Section 12 of Act 34 of 2003.--In the principal Act, in section 12, in sub-section (1),–
(i) in clause (b), the words “or” shall be added at the end;
(ii) after clause (b), the following clause shall be added, namely:--
“(c) where any hookas bar is being run.”.
[Vide Gujarat Act 27 of 2017, s. 4.]
Maharashtra
Amendment of section 12 of Act 34 of 2003.--In section 12 of the principal Act, in sub-section (1),--
(i) in clause (b), after the word “made” the word “; or” shall be added;
(ii) after clause (b), the following clause shall be added, namely:--
“(c) where any hookah bar is being run.”.
[VideMaharashtra Act 60 of 2018, s. 4.]
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- 1 Short title, extent and commencement
- 2 Declaration as to expediency of control by the Union
- 3 Definitions
- 4 Prohibition of smoking in a public place
- 5 Prohibition of advertisement of cigarettes and other tobacco products
- 6 Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area
- 7 Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products
- 8 Manner in which specified warning shall be made
- 9 Language in which the specified warning shall be expressed
- 10 Size of letters and figures
- 11 Testing laboratory for nicotine and tar contents
- 12 Power of entry and search
- 13 Power to seize
- 14 Confiscation of package
- 15 Power to give option to pay costs in lieu of confiscation
- 16 Confiscation not to interfere with other punishments
- 17 Adjudication
- 18 Giving opportunity to the owner of seized packages
- 19 Appeal
- 20 Punishment for failure to give specified warning and nicotine and tar contents
- 21 Punishment for smoking in certain places
- 22 Punishment for advertisement of cigarettes and tobacco products
- 23 Forfeiture of advertisement and advertisement material
- 24 Punishment for sale of cigarettes or any other tobacco products in certain places or to persons below the age of eighteen years
- 25 Prevention, detention and place of trial of offences under sections 4 and 6
- 26 Offences by companies
- 27 Offences to be bailable
- 28 Composition of offences
- 29 Protection of action taken in good faith
- 30 Power to add any tobacco products in the Schedule
- 31 Power of Central Government to make rules
- 32 Act not to apply to cigarettes of other tobacco products which are exported
- 33 Repeal and savings