 bill no 162 of  2015 the gutka and pan masala (prohibition) bill, 2015 byshri gopal chinayya shetty, mpa billto prohibit the manufacture, promotion and sale of gutka and pan masalawhereas, the 43rd world health assembly in its fourteenth plenary meeting held on the 17th may, 1990, reiterated the concerns expressed in the resolution passed in the 39th world health assembly (who) and urged member states to consider in their tobacco control strategies plans for legislation and other effective measures for protecting their citizens with special attention to risk groups such as pregnant women and children from involuntary exposure to tobacco smoke, discourage the use of tobacco and impose progressive restrictions and take concerted action to eventually eliminate all direct and indirect advertising, promotion and sponsorship concerning tobacco;and whereas, it is considered expedient to enact a law to prohibit the manufacture, promotion and sale of tobacco products in the public interest and to protect the public health;and whereas, section 2 of the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (34 of 2003) contains a declaration as to expediency of control by the union of the tobacco industrybe it enacted by parliament in the sixty-sixth year of the republic of india as follows :— 1 (1) this act may be called the gutka and pan masala (prohibition) act, 2015short title, extent and commencement(2) it extends to the whole of india5(3)  it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "gutka" means combination of tobacco containing arecanut, synthetic katha, lead, arsenic, magnesium carbonate and any other substance causing injury to health on consumption; and(b) "pan masala" means and includes,—10(i) khaini, jarda or any preparation containing betel nuts, lime, katha(catechu) and tobacco whether or not containing other ingredients such as cardamom, copra or menthol; and15(ii) any flavouring material containing tobacco, chemical ingredients or carcinogenic elements which are hazardous to human consumption3 notwithstanding anything contained in other law for the time being in force, manufacturing, promotion or selling of pan masala and gutka is hereby prohibitedprohibition on manufacture, promotion or sale of panmasala andgutkapunishment204 any person who contravenes the provisions of section 3 shall be punished with imprisonment for a term which may extend to ten years or with a fine which may extend to rupees five lakhs or with both5 no court inferior to that of a chief metropolitan magistrate or chief judicial magistrate, as the case may be, shall try any offence punishable under this actcourtempowered totry offences6 an offence punishable under this act shall be cognizableoffences to be cognizablepower to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act25 30(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsa large number of children, youngsters and adults are getting habituated towards the use of pan masala and gutka which is proving to be very hazardous to their health the number of pan masala and gutka users is increasing day-by-day this naturally causes damage to their health and threatens their very existencepan masala and gutka can cause cancer too the warning on the packing of these products to the effect that "chewing of gutka and pan masala  is injurious to health" is an ample proof in this regard in fact, recent studies by the tata institute for fundamental research, mumbai and rajiv gandhi cancer institute, delhi and gujarat cancer research society, ahmedabad have proved the deadly effects of using pan masala and gutka that this habit is spreading at a very fast rate is proved by the rapid increase in the turnover of these products the government has admitted that the pan masala and gutka industry has grown from an estimated rupees 200 crore in 1992 to rupees 1000 crore in 1997the state governments of goa, maharashtra and andhra pradesh have expressed serious concern over the increasing use of gutka and pan masala an expert technical committee on use of tobacco in pan masala and gutka, which was constituted on 1781994 under the chairmanship of the director-general of health service had recommended that the use of chewing tobacco in pan masala/gutka should be prohibited as its consumption was injurious to health the recommendations were also endorsed by the central committee for food standards, a statutory advisory committee under the prevention of food adulteration act, 1954, charged with the responsibility to advise central/state governments on matters concerning food safety and quality controlhowever, the use of pan masala and gutka continues unabated causing serious damage to the health of children, youngsters, the aged persons and even womenthe bill seeks to prohibit the manufacture, promotion and sale of pan masala and gutkanew delhi;gopal chinayya shettymay 7, 2015 memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character lok  sabha———— a billto prohibit the manufacture, promotion and sale of gutka and pan masala————(shri gopal chinayya shetty, mp)gmgipmrnd—1271ls(s-3)—14072015