 bill no  52  of  2011 the gutka   and  pan masala (prohibition) bill, 2011 by dr kirit premjibhai solanki, mpto prohibit the production, promotion and sale of gutka and pan masalabe it enacted by parliament in the sixty-second year of the republic of india as follows:—1  (1) this act may be called the gutka and pan masala  (prohibition) act, 2011 (2) it extends to the whole of indiashort title,extent andcommencement5(3) it shall come into force at oncedefinitions2  in this  act, unless the context otherwise requires,—(i) "gutka" means and includes combination of tobacco containing arecanut, synthetic katha, lead, arsenic, magnesium carbonate, and any other substance causing injury to health on consumption; and10(ii) "pan masala" means and includes,—(a) 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; and(b) any flavouring material containing tobacco, chemical ingredients or carcinogenic elements which are hazardous to human consumption3 manufacturing, promotion or selling of pan masala and gutka is hereby prohibitedprohibition of pan masalaand gutka punishment54 any person who contravenes the provisions of section 3 shall be punished withimprisonment 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 actcourt empowered to try offences106 all offences punishable under  the act shall be cognizableoffences to be cognizable amendment to industries (development and regulation) act, 195165 of 19517 in the industries (development and regulation) act, 1951, in the first schedule, in entry 38, in item (1), for the word, "cigarettes" the word "cigarettes, including gutka and pan masala" shall be substitutedamendment of the industries (development and regulation) act, 195115power to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act20(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 and frequency of pan masala and gutka users are increasing day by day and 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 mumbai based tata institute for fundamental research and rajiv gandhi cancer institute, delhi, 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 17081994 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 womenthis bill seeks to prohibit the production, promotion and sale of pan masala and gutkanew delhi;kirit premjibhai solankijuly 15, 2011 memorandum  regarding  delegated  legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purpose of the bill the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character annexure the industries (development and regulation)  act, 1951     the first schedule[see section 2 and 3 (i)]any industry engaged in the manufacture or production of any of the articles mentioned under each of the following headings or sub-headings, namely:—      38 miscellaneous  industries:(1) cigarettes    ———— a billto prohibit the production, promotion and sale of gutka and pan masala————(dr kirit premjibhai solanki, mp)gmgipmrnd—995ls(s3)—10-08-2011