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Tobacco Board Act, 1975 Chapter III

Title: Regulation of Production and Disposal of Virginia Tobacco

State: Central

Year: 1975

.....cure or undertake the curing of virginia tobacco unless he registers himself as a curer with the Board in accordance with the rules made under this Act. Section 11A - Registration of processors and manufacturers of virginia tobacco, etc. 1[11A. Registration of processors and manufacturers of virginia tobacco, etc .- No person shall process virginia tobacco or manufacture products therefrom unless he registers himself as such processor or manufacturer, as the case may be, with the Board in accordance with the rules made under this Act. ________________________ 1. Inserted by the Tobacco B oard (Amdt.) Act (57 of 1985 ), S. 5 (1 -12 -1985 ). Section 11B - Licences to be obtained for grading work and construction of barns, etc No person shall (i) take up grading work relating to virginia tobacco for commercial purposes; or (ii) take up the construction and operation of a barn, unless he obtains a licence from the Board in accordance with the rules made under this Act. Explanation. For the purposes of this section, (i) "barn" means a building or structure with a roof of zinc sheets or tiles having flue pipes, furnace and tiers used for flue curing of tobacco.....

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Tobacco Board Act, 1975 Chapter II

Title: The Tobacco Board

State: Central

Year: 1975

.....appointed by the Central Government from amongst growers of tobacco, dealers and exporters (including packers) of tobacco and tobacco products, manufacturers of tobacco products and from amongst persons who, in the opinion of the Central Government, are experts in tobacco marketing or agricultural economics. 7 [Provided that the number of members appointed under this clause from amongst the growers of tobacco shall not exceed six] 7 [(f) the Agricultural Marketing Adviser to the Government of India, Department of Rural Develop­ment, ex officio; (g) the Executive Director, ex officio.] 7 [(4A) It is hereby declared that the office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.] (5) The Board shall elect, from amongst its members, a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. (6) The term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may.....

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Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 Section 5

Title: Prohibition of Advertisement of Cigarettes and Other Tobacco Products

State: Central

Year: 2003

.....tobacco product; or (d) erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall display in any manner whatsoever in any place any advertisement of cigarettes or any other tobacco product: Provided that this sub-section shall not apply in relation to-- (a) an advertisement of cigarettes or any other tobacco product in or on a package containing cigarettes or any other tobacco product; (b) advertisement of cigarettes or any other tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes and any other tobacco products are offered for distribution or sale. (3) No person shall, under a contract or otherwise, promote or agree to promote the use or consumption of-- (a) cigarettes or any other tobacco product; or (b) any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another person.

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Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 Section 7

Title: Restrictions on Trade and Commerce In, and Production, Supply and Distribution of Cigarettes and Other Tobacco Products

State: Central

Year: 2003

.....by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette, or as the case may be, on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act. _______________________________________ 1. Substituted for the following by the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply And Distribution) Amendment Act, 2007 [Act No. 38 of 2007] "the specified warning including a pictorial depiction of skull and cross bones and such other warning as may be prescribed."

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

.....AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 [Act No. 34 of 2003] [18th May, 2003] PREAMBLE An Act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto. whereas the Resolution passed by the 39th World Health Assembly (WHO), in its Fourteenth Plenary meeting held on the 15th May, 1986 urged the member States of WHO which have not yet done so to implement the measures to ensure that effective protection is provided to non-smokers from involuntary exposure to tobacco smoke and to protect children and young people from being addicted to the use of tobacco; and whereas 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 and urged Member States to consider in their tobacco control strategies plans for legislation and other effective measures for protecting their.....

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Tobacco Cess Act, 1975 Section 3

Title: Duties of Excise on Virginia Tobacco

State: Central

Year: 1975

.....platform] shall collect the duty of excise payable on virginia tobacco sold at such platform and pay the amount so collected to the Central Government in such manner and within such time as may be prescribed. (5) If any duty of excise payable under this section, or if any amount collected under this section by way of such duty, has not been paid to the Central Government within the period prescribed under sub-section (4), the Central Government may recover such duty or amount in the same manner as an arrear of land revenue. __________________ 1. Substituted for the words "a registered auction platform" by the Tobacco Board (Amdt.) Act, 1978 (36 of 1978), Section 7 (30-8-1978).

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Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 Section 32

Title: Act Not to Apply to Cigarettes or Other Tobacco Products Which Are Exported

State: Central

Year: 2003

Nothing contained in this Act shall apply to any cigarette or other tobacco products or package of cigarettes or other tobacco products which is exported: Provided that nothing in this section shall be deemed to authorise the export of any package of cigarettes or other tobacco products, not containing the specified warning and indication of nicotine and tar contents to any country if the law in force in that country requires that the same or similar warning and nicotine and tar contents shall be specified on each package of cigarettes or other tobacco products. Explanation.--For the purpose of this section, any cigarette or other tobacco products or package of cigarettes or other tobacco products shall be deemed to be exported before the commencement of this Act, if the necessary steps for export have already been taken notwithstanding that the actual export has not taken place.

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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 Section 13B

Title: Duty of Buyers of Virginia Tobacco at Places Other Than Auction Platforms to Refrain from Certain Unfair Practices

State: Central

Year: 1975

Every dealer who purchases virginia tobacco in any State in which the provisions of section 13 are not in force, (a) shall pay the full price for the whole quantity of virginia tobacco so purchased by him at the rate at which he agreed to purchase such tobacco and shall refrain from claiming any discount in the weight or other deductions in weight thereof or any deductions from the price as calculated in accordance with such rate; (b) shall pay the full price for virginia tobacco so purchased by him as calculated in accordance with the provisions of clause (a) as expeditiously as possible and in any case within such reasonable time as may be specified in this behalf by the Board; and (c) shall refrain from having recourse to any practices which the Board may, having regard to the need for protection of persons selling virginia tobacco in such State and all other relevant considerations, specify to be unfair practices.]

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Tobacco Board Act, 1975 Section 10A

Title: Registration of Growers of Virginia Tobacco Seedlings for Commercial Purposes

State: Central

Year: 1975

1[10A. Registration of growers of virginia tobacco seedlings for commercial purposes.- (1) No person shall grow virginia tobacco seedlings for commercial purposes unless he registers himself as a nursery grower with the Board in accordance with the rules made under this Act. Explanation.- For the removal of doubts, it is hereby declared that nothing in this sub-section shall apply to the growing by a registered grower of any virginia tobacco seedlings for his own use. (2) No registered nursery grower shall sell or cause to be sold any virginia tobacco seedlings grown by him to any person other than a registered grower.] ___________________________ 1. Inserted by Tobacco B oard (Amdt.) Act (57 of 1985 ), Section. 4 (1 -12 -85 ).

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