ACT NO.45 OF 1988

An Act to control the selling of tobacco (and similar goods)

1. Short title and commencement.- (1) This Act may be called the Selling of Tobacco (and Similar Goods) (Control) Act, 1988.
(2) The Act shall come into force on the date the Government shall determine by notification in the official Gazette.

2. Definition.- Unless there is anything repugnant in the subject or matter, in this Act "Tobacco" shall include cigarettes, cigars, beedies, cheroots and mixtures used in cigarettes or pipes.

3. Obligation to write a warning on tobacco packets etc.- (1) No tobacco packets or boxes may be sold without inscribing, printing or writing on a particular part of them a Bengali warning, easy to understand and to read, to the effect of "Smoking is injurious to health".
(2) No tobacco advertisements may be issued, circulated or demonstrated without inscribing, printing or writing on a particular part of them a Bengali warning, easy to understand and to read, to the effect of "Smoking is injurious to health.

4. Punishment.- Any person violating the provision of section 3 shall be punishable with sentence to imprisonment up to six months, or with a fine up to 2000 Taka, or with both punishments.

5. Offences by companies.- If the person violating section 3 is a company, the owner, director, manager or secretary of the said company shall be deemed to have violated section 3, unless he is able to prove that the violation took place without his knowledge, or that he tried to oppose the violation in every possible way.

Explanation:- In this section,-

(a) "Company" means any statutory establishment, commercial institution and committee, or organisation;
(b) in the case of a commercial commercial institution, "Director" also means any shareholder or any member of the directing board.
6. Filing suits against offences.- No court shall file suits against offences under this Act without the written accusation of a Government official, or of a person endowed with powers by the Government.

7. Repeal.- The Selling of Tobacco (and Similar Goods) (Control) Ordinance, 1988 (No.26, 1988) is herewith repealed.
 

ACT NO.45 OF 1988

An Act to control the selling of tobacco (and similar goods)

1. Short title and commencement.- (1) This Act may be called the Selling of Tobacco (and Similar Goods) (Control) Act, 1988.
(2) The Act shall come into force on the date the Government shall determine by notification in the official Gazette.

2. Definition.- Unless there is anything repugnant in the subject or matter, in this Act "Tobacco" shall include cigarettes, cigars, beedies, cheroots and mixtures used in cigarettes or pipes.

3. Obligation to write a warning on tobacco packets etc.- (1) No tobacco packets or boxes may be sold without inscribing, printing or writing on a particular part of them a Bengali warning, easy to understand and to read, to the effect of "Smoking is injurious to health".
(2) No tobacco advertisements may be issued, circulated or demonstrated without inscribing, printing or writing on a particular part of them a Bengali warning, easy to understand and to read, to the effect of "Smoking is injurious to health.

4. Punishment.- Any person violating the provision of section 3 shall be punishable with sentence to imprisonment up to six months, or with a fine up to 2000 Taka, or with both punishments.

5. Offences by companies.- If the person violating section 3 is a company, the owner, director, manager or secretary of the said company shall be deemed to have violated section 3, unless he is able to prove that the violation took place without his knowledge, or that he tried to oppose the violation in every possible way.

Explanation:- In this section,-

(a) "Company" means any statutory establishment, commercial institution and committee, or organisation;
(b) in the case of a commercial commercial institution, "Director" also means any shareholder or any member of the directing board.
6. Filing suits against offences.- No court shall file suits against offences under this Act without the written accusation of a Government official, or of a person endowed with powers by the Government.

7. Repeal.- The Selling of Tobacco (and Similar Goods) (Control) Ordinance, 1988 (No.26, 1988) is herewith repealed.