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Section 33 of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

(1)The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 (49 of 1975), is hereby repealed.
(2)Notwithstanding such repeal, anything done or any action taken under the provisions of the aforesaid Act, shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act.

Summary

This section officially repeals, meaning cancels, the older tobacco control law called The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975.
Even though the 1975 law is cancelled, actions taken under it that do not conflict with the 2003 Act remain valid.
Legal actions or decisions made under the old 1975 law are treated as if they were made under this 2003 law.
These old actions continue to stay in force until they are officially updated, replaced, or overridden by new actions under the 2003 law.

Practical examples

1On June 1, 1998, a local officer took a legal action against a manufacturer under the old 1975 Act. When the new 2003 Act came into force, that past action was not automatically wiped out. Because it was consistent with the new rules, it remained legally valid and was treated as if it had been done under the 2003 Act.

2In 2002, a license or regulatory permission was granted to a supplier named Ashok under the old 1975 law. When the new 2003 Act was enacted, Ashok did not have to immediately stop operations. His permission remained active because Section 33 protected valid, non-contradictory past actions until new regulations replaced them.

FAQ

1. Which older law is repealed by Section 33 of the Cigarettes and Other Tobacco Products Act, 2003?

Section 33 of the Cigarettes and Other Tobacco Products Act, 2003 officially repeals the older Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975.

2. What happens to actions taken under the old 1975 law after Section 33 of the Cigarettes and Other Tobacco Products Act, 2003 comes into effect?

Under Section 33 of the Cigarettes and Other Tobacco Products Act, 2003, any action taken under the 1975 law remains in force and is deemed to be taken under the 2003 Act, provided it does not conflict with the 2003 Act.

3. How long do past actions from the repealed 1975 Act continue to be valid under Section 33 of the Cigarettes and Other Tobacco Products Act, 2003?

Under Section 33 of the Cigarettes and Other Tobacco Products Act, 2003, they continue to stay in force until they are superseded by new actions or decisions taken under the 2003 Act.

Test yourself

Q1.Under Section 33 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, which specific act is repealed?

Q2.Under Section 33 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, what is the legal status of an action taken under the repealed 1975 Act that is consistent with the 2003 Act?

Q3.Under Section 33 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, what happens to a past action if it is found to be inconsistent with the new 2003 Act?

Q4.How long do valid past actions from the repealed 1975 Act continue to have legal effect under Section 33 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003?

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