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Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 [Repealed] Repealing Act 1

Title: Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

State: Central

Year: 1975

.....the Central Government or the State Government may, by notification in the Official Gazette, authorise one or more persons who shall be competent to act under this Act: Provided that the person so authorised may, if he has reasonable ground for believing that any person has committed an offence under section 4 or section 6, may detain such person unless the accused person furnishes his name and address, and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him. (2) Any person detained under sub-section (1) shall forthwith be taken before Magistrate to be dealt with according to law. (3) Any person committing an offence under section 4 or section 6 shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force. (4) Every notification issued under sub-sections (1) and (3) shall be published in the Official Gazette, and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as the State.....

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Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 Complete Act

State: Central

Year: 1975

.....punishable under this Act shall be bailable. (2) For the avoidance of doubts, it is hereby declared that every offence punishable under this Act shall be cognizable. SECTION 20: PROTECTION OF ACTION TAKEN IN GOAD FAITH - No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer or the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act. SECTION 21: POWER TO MIKE RULES (1) The Central Government may, by notification in the Official Gazette, make rules2to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner in which the seizure of any package of cigarettes shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarattes has been seized; (b) procedure for the refund of any penalty imposed under this Act; (c) any other matter which is required to be, or may be prescribed. (3) Every rule made under.....

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Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 [Repealed] Section 22

Title: Act Not to Apply to Cigarettes Which Are Exported

State: Central

Year: 1975

Nothing contained in this Act shall apply to any cigarette or package of cigarettes which is exported: PROVIDED that nothing in this sectionshall be deemed to authorise the export of any package of cigarettes, not containing the specified warning to any country if the law in force in that country requires that the same or similar warning shall be specified on each package of cigarettes.

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Tobacco Board Act, 1975 Complete Act

State: Central

Year: 1975

.....the demand for Virginia tobacco in India and abroad ; (ii)the suitability of land for growing Virginia tobacco ; (iii)the differences in soil characteristics and agro-climatic factors in different regions of the country where Virginia tobacco is grown and the effect thereof on the quality and quantity of Virginia tobacco produced in those regions ; (iv) the marketability of different types of Virginia tobacco ; (v) the need for rotation of crops ; and (vi) the nature of the holdings of the growers of Virginia tobacco whether owned or leased ;] (b). keeping a constant watch on the Virginia tobacco market, both in India and abroad, and ensuring that the growers get a fair and remunerative price for the same and that there are no wide fluctuations in the prices of the commodity, (c) maintenance and improvement of existing markets, and development of new markets outside India for Indian Virginia tobacco and its products and devising of marketing strategy in consonance with demand for the commodity outside India, including group marketing under limited brand names; 13[(cc) establishment by the Board of auction platforms with the previous approval of the Central Government, for the.....

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Customs Tariff Act 1975 Section 9

Title: Countervailing Duty on Subsidized Articles

State: Central

Year: 1975

.....of such article, then, upon the importation of any such article into India, whether the same is imported directly from the country of manufacture, production or otherwise, and whether it is imported in the same condition as when exported from the country of manufacture or production or has been changed in condition by manufacture, production or otherwise, the Central Government may, by notification in the Official Gazette, impose a countervailing duty not exceeding the amount of such subsidy. Explanation. - For the purposes of this section, a subsidy shall be deemed to exist if - (a) there is financial contribution by a Government, or any public body 1[in the exporting or producing country or territory], that is, where - (i) a Government practice involves a direct transfer of funds (including grants, loans and equity infusion), or potential direct transfer of funds or liabilities, or both; (ii) Government revenue that is otherwise due is foregone or not collected (including fiscal incentives); (iii) a Government provides goods or services other than general infrastructure or purchases goods; (iv)(a) Government makes payments to a funding mechanism, or.....

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Tobacco Board Act, 1975 Section 20

Title: Power to Prohibit or Control Import and Export of Tobacco and Tobacco Products

State: Central

Year: 1975

(1) The Central Government may, by order published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of tobacco and tobacco products, either generally or in specified classes of cases. (2) All tobacco and tobacco products to which any order under sub-section (1) applies, shall be deemed to be goods of which the import or export has been prohibited under section 11 of the Customs Act, 1962, and all the provisions of that Act shall have effect accordingly. (3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 as applied by sub-section (2), be punishable with imprisonment for a term which may extend to one year; or with fine or with both.

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Tobacco Board Act, 1975 Chapter V

Title: Control by Central Government

State: Central

Year: 1975

.....10(1-12-85). Section 21 - Directions by Central Government The Board shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act. Section 22 - Returns and reports (1) The Board shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development the tobacco industry, as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Board shall, as soon as possible, after the end of each financial year, submit to the Central Government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year. (3) A copy of the report received under sub-section (2) shall be laid, as soon as may be after it is received, before each House of Parliament.

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Customs Tariff Act 1975 Section 8

Title: Emergency Power of Central Government to Increase or Levy Export Duties

State: Central

Year: 1975

(1) Where, in respect of any article, whether included in the Second Schedule or not, the Central Government is satisfied that the export duty leviable thereon should be increased or that an export duty should be levied, and that circumstances exist which render it necessary to take immediate action, the Central Government may, by notification in the Official Gazette, direct an amendment of the Second Schedule to be made so as to provide for an increase in the export duty leviable or, as the case may be, for the levy of an export duty, on that article. (2) The provisions of sub-sections (3) and (4) of Section 7 shall apply to any notification issued under sub-section (1) as they apply in relation to any notification increasing duty issued under sub-section (2) of Section 7.

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Tobacco Board Act, 1975 Section 13A

Title: Duty of Registered Dealers and Exporters to Purchase at Auction Platforms, Etc

State: Central

Year: 1975

1[13A. Duty of registered dealers and exporters to purchase at auction platforms, etc.- No registered dealer or registered exporter shall purchase or cause to be purchased virginia tobacco elsewhere- (a) than at an auction platform registered with the Board in accordance with the rules made under this Act or established by the Board under this Act; or (b) than from any other registered dealer or a registered grower or curer : Provided that in relation to any State in which the provisions of section 13 are not in force, the condition specified under clause (a) shall not apply. _____________________ 1. Inserted by the Tobacco B oard (Amdt.) Act (57 of 1985 ), Section. 6 (1 -12 -1985 ).

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Tobacco Board Act, 1975 Section 12

Title: Registration of Exporters, Packers, Auctioneers and Dealers

State: Central

Year: 1975

No person shall export tobacco or any tobacco products or function as a packer, auctioneer of, or dealer in, tobacco unless he registers with the Board in accordance with the rules made under this Act.

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