Lawgist13Power to seize
(1) If 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, authorised by the Central Government or by the State Government, has any reason to believe that,--
(a) in respect of any package of cigarettes or any other tobacco products, or
(b) in respect of any advertisement of cigarettes or any other tobacco products,
the provisions of this Act have been, or are being, contravened, he may seize such package or advertisement material in the manner prescribed.
(2) No package of cigarettes or any other tobacco products or advertisement material seized under clause (a) of sub-section (1) shall be retained by the officer who seized the package or advertisement material for a period exceeding ninety days from the date of the seizure unless the approval of the District Judge, within the local limits of whose jurisdiction such seizure was made, has been obtained for such retention.
STATE AMENDMENT
Gujarat
Insertion of new section 13A in Act 34 of 2003.In the principal Act, after section 13, the following section shall be inserted, namely:--
Power to seize.--"13A If any police officer, not below the rank of a Sub-Inspector, authorized 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.".
[Vide Gujarat Act 27 of 2017, s. 5.]
Maharashtra
Insertion of new section 13A in Act 34 of 2003.--After section 13 of the principal Act, the following section shall be inserted, namely:--
Power to seize.--"13A.-If any police officer, not below the rank of Assistant Police Inspector, authorized by the State Government, has reason to believe that the provisions 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.".
[Vide Maharashtra Act 60 of 2018, s. 5.]
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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
