The Himachal Pradesh Prohibition of Sale of Loose Cigarettes and Beedies and Regulation of Retail Business of Cigarettes and Other Tobacco Products Act, 2016

AUTHORITATIVE ENGLISH TEXT 

THE HIMACHAL PRADESH PROHIBITION OF SALE OF LOOSE 
CIGARETTES AND BEEDIES AND REGULATION OF RETAIL 

BUSINESS OF CIGARETTES AND OTHER TOBACCO PRODUCTS 
ACT, 2016 

ARRANGEMENT OF SECTIONS 

Sections: 

1.  Short title and commencement. 

2.  Definitions. 

3.  Prohibition of sale of loose cigarettes and beedies. 

4.  Restriction on retail business of tobacco products. 

5.  Registration for the purpose of retail business of tobacco 
products. 

6.  Punishment for sale of tobacco products without a valid 
registration. 

7.  Punishment for sale of loose cigarettes and beedies. 

8.  Power of entry, search and seizure. 

9.  Offences to be cognizable and bailable. 

10.  Composition of offences. 

11.  Protection of action taken in good faith. 

12.  Power to make rules. 

__________ 

THE HIMACHAL PRADESH PROHIBITION OF SALE OF LOOSE 
CIGARETTES AND BEEDIES AND REGULATION OF RETAIL 

BUSINESS OF CIGARETTES AND OTHER TOBACCO PRODUCTS 
ACT, 2016 

(ACT NO. 17 OF 2016)1 

(Received the assent of the Governor on the 5th October, 2016 and 
was published both in Hindi and English in Rajpatra, Himachal Pradesh on 7th 
October, 2016, pp. 4951-4958). 

An Act to provide for prohibition of sale of loose cigarettes and beedies 
and regulation of retail business of cigarettes and other tobacco 
products operating in the State of Himachal Pradesh and for 
matters connected therewith or incidental thereto. 

 
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 

Objects and Reasons see Rajpatra, Himachal Pradesh on 31st August, 2016 pp. 
4135 and 4139. 



2 THE HIMACHAL PRADESH PROHIBITION OF SALE OF LOOSE CIGARETTES AND 
BEEDIES AND REGULATION OF RETAIL BUSINESS OF CIGARETTES AND OTHER 

TOBACCO PRODUCTS ACT, 2016 

BE it enacted by the Legislative Assembly of Himachal Pradesh in 
the Sixty- seventh Year of the Republic of India as follows:-  

1. Short title and commencement.- (1) This Act may be called the 
Himachal Pradesh Prohibition of Sale of Loose Cigarettes and Beedies and 
Regulation of Retail Business of Cigarettes and Other Tobacco Products Act, 
2016. 

(2) It shall come into force on such date as the State Government 
may, by notification in the Official Gazette, appoint. 

2. Definitions.- (1) In this Act, unless the context otherwise requires,-  

(a)  “cigarette” and “beedi ” includes,-  

(i)  any roll of tobacco wrapped in paper or in any other 
substance not containing tobacco; or 

(ii)  any roll of tobacco wrapped in any substance containing 
tobacco, which, by reason of its appearance, the type of 
tobacco used in the filter, or by its packaging and lebeling, 
is likely to be offered to, or purchased by consumers as 
cigarette or beedi; 

(b)  "prescribed” means prescribed by rules made under this Act; 

(c)  “sale” with its grammatical variations and cognate expressions, 
means any transfer of property in Goods by one person to 
another, whether for cash or on credit, or by way of exchange, 
and whether wholesale, or retail, and includes an agreement for 
sale, offer for sale or exposure for sale; 

(d)  “premises” means any location or vessel where any form of 
retail business specified in this Act or storage or retail sale of 
any article of cigarettes and other tobacco products is done; 

(e)  “person” means any natural person, partnership, co- operative 
association, corporation, personal representative, receiver, 
trustee, assignee, or any other legal entity; 

(f)  “tobacco products” means the products specified in the 
Schedule appended to the Cigarettes and Other Tobacco 
Products (Prohibition of Advertisement and Regulation of 
Trade and Commerce, Production, Supply, and Distribution) 
Act, 2003; 

(g)  “registration” means the registration granted under section 5 of 
this Act; and  

(h)  “Registering Authority” means such authority as the State 
Government may, by notification, designate. 

(2) The words and expressions used in this Act, but not defined, shall 
have the meanings as defined in the Cigarettes and Other Tobacco Products 



THE HIMACHAL PRADESH PROHIBITION OF SALE OF LOOSE CIGARETTES  3 
AND BEEDIES AND REGULATION OF RETAIL BUSINESS OF CIGARETTES     

AND OTHER TOBACCO PRODUCTS ACT, 2016  

(Prohibition of Advertisement and Regulation of Trade and Commerce, 
Production, Supply and Distribution) Act, 2003. 

3. Prohibition of sale of loose cigarettes and beedies.- No person 
shall sell, offer for sale, or permit sale of loose cigarettes or beedies within the 
State of Himachal Pradesh. 

4. Restriction on retail business of tobacco products.- No person 
shall carry retail business of any tobacco products without being registered 
under section 5 of this Act. 

5. Registration for the purpose of retail business of tobacco 
products.-  (1) Any person who is carrying on or intends to carry on retail 
business of cigarettes and other tobacco products, shall make an application to 
the Registering Authority in such form and in such manner and on payment of 
such fee as may be prescribed. 

(2) On receipt of application under sub- section (1), the Registering 
Authority shall, within a period of six months from the receipt of such 
application, grant Registration Certificate in such form, containing such 
particulars and such information as may be prescribed. The Registration 
Certificate shall be issued for a period of three years and may be renewed on 
payment of such fee and for such period and in such manner as may be 
prescribed. 

(3) If on security the Registering Authority is satisfied that the 
application submitted under sub-section (1) is not complete in all respect, he 
may reject the same after affording the reasonable opportunity of being heard 
to the person concerned. 

(4) The Registration Certificate shall be kept affixed in a conspicuous 
place in the premises in such manner as to be visible to everyone. 

(5) The Registration Certificate shall be non- transferable. 

6. Punishment for sale of tobacco products without a valid 
registration.- (1) Any person who contravenes the provisions of section 4 
shall be guilty of an offence under this Act and shall, on conviction, be 
punished with imprisonment for a term which may extend to three months or 
with fine which may extend to fifty thousand rupees or with both, and for the 
second or subsequent contravention, with imprisonment which may extend to 
one year and with fine which may extend to one lac rupees. 

(2) Save as provided under sub-section (1), any material or other 
tobacco products in respect of which any provision of this Act has been or is 
being contravened, shall be liable to confiscation. 

7. Punishment for sale of loose cigarettes and beedies.- (1) Any 
person who contravenes the provisions of section 3 or sub-section (4) or (5) of 
section 5 shall be guilty of an offence under this Act and shall be punishable 
with fine of ten thousand rupees for the first offence and with fine of fifteen 
thousand rupees for the second and subsequent offence. 



4 THE HIMACHAL PRADESH PROHIBITION OF SALE OF LOOSE CIGARETTES AND 
BEEDIES AND REGULATION OF RETAIL BUSINESS OF CIGARETTES AND OTHER 

TOBACCO PRODUCTS ACT, 2016 

(2) All offences under this section shall be compoundable and shall be 
tried summarily in accordance with the procedure provided for summary trial 
in the Code of Criminal Procedure, 1973. 

8. Power of entry, search and seizure.- (1) Any police officer, not 
below the rank of Assistant Sub-Inspector or any authorized officer of the 
State Government may, if he has reason to suspect that any provision of this 
Act has been, or is being, contravened, enter and search in the manner 
prescribed, at any reasonable time, any business premises or any other place 
where retail business of cigarettes or beedies or any other tobacco products is 
being carried or where such products are stored. 

(2) If any police officer, not below the rank of Assistant Sub-
Inspector or authorized officer of the State Government has reason to believe 
that any of the provisions of this Act has been, or is being, contravened, he 
may seize such material in the manner prescribed. 

(3) The provisions of Code of Criminal Procedure, 1973 shall apply to 
every search and seizure made under this Act. 

9. Offences to be cognizable and bailable.- All offences under this 
Act shall be cognizable and bailable. 

10. Composition of offences.- (1) Any offence committed under 
section 3 of this Act may, either before or after the institution of the 
prosecution, be compounded by such officer authorized by the State 
Government for an amount of five thousand rupees. 

(2) Where an offence has been compounded under sub- section (1), 
the offender, if in custody, shall be discharged and no further proceeding shall 
be taken against him in respect of such offence. 

11. Protection of action taken in good faith.- No. suit, prosecution 
or other legal proceeding shall lie against the State Government or any officer 
of the State Government for anything which is in good faith done or intended 
to be done under this Act. 

12. Power to make rules.- (1) The State Government may, by 
notification in the Official Gazette, make rules to carry out the provisions of 
this Act. 

(2) Every rule made under this Act shall be laid, as soon as may be 
after it is made, before the Legislative Assembly, while it is in session, for a 
total period of fifteen 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, and if 
the Assembly agrees in making any modification in the rule or if assembly 
agrees 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. 

___________