 bill no 280 of  2016 the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) amendment bill, 2016 bydr sanjay jaiswal, mp a billfurther to amend  the cigarettes and  other tobacco products  (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—amendment of section 434 of 20033 for section 4 of the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as the principal act), the following section shall be substituted, namely:—"4 no person shall smoke or use tobacco products in any public place:5prohibition of smoking and use of tobacco products in a public placeprovided that in a hotel having thirty rooms or a restaurant having seatingcapacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made:10provided further that the area or space so designated shall be ventilated insuch manner that smoke from smoking area does not permeate into the non-smoking areas"4 in section 6 of the principal act,—amendmentof section 6(i) in clause (a), for the words "eighteen years of age", the words "twenty-one years of age" shall be substituted; and15(ii) after clause (b), the following clause shall be inserted, namely:—"(c) in open packing or in single stick"5 after section 6 of the principal act, the following section shall be inserted, namely:—insertion of new section 6a"every tobacco product shall be sold in intact package of such size, content and weight as may be prescribed"tobacco products to be sold in intact packages statement of objects and reasonsthe cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 was enacted to put certain prohibition on use of tobacco products section 4 of the act prohibits smoking in public places however, no such prohibition is there for use of other tobacco products in public places, which also pose an equal if not more risk to the health and hygiene of general public therefore, there is an urgent need to prohibit use of all tobacco products in public placesmoreover, the act seeks to prohibit sale of cigarette or other tobacco products to a person below the age of eighteen years the need is to increase the upper age limit upto twenty-one years in order to mitigate the health risk of the youth of the nationalso, the prohibition on sale of cigarettes and tobacco products in loose and single stick is utmost necessarythe bill, therefore, seeks to amend the parent act with a view to—(a) prohibit use of tobacco products in a public place; (b) prohibit sale of cigarettes and tobacco products to a person who is under twenty-one years of age; and(c) prohibit the sale of loose cigarette or tobacco productshence this billnew delhi;sanjay jaiswaljuly 12, 2016 memorandum regarding delegated legislationclause 5 of the bill provides that every tobacco product shall be sold in intact package of such size, content and weight, as may be prescribed by rules made by central government as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character annexure extracts from the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) (amendment) act, 2003[no 34 of 2003]4 no person shall smoke in any public place:prohibition of smoking in a public placeprovided that in a hotel having thirty rooms or a restaurant having seating capacity of  thirty persons or more and in the airports, a separate provision for smoking area or space may be made      6 no person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product—(a) to any person who is under eighteen years of age, and (b) in an area within a radius of one hundred yards of any educational institution     prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area———— a billfurther to amend the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act,  2003————gmgipmrnd—2649ls(s3)—21112016