NATIONAL AUTHORITY ON TOBACCO
AND ALCOHOL ACT

Arrangement of Sections

1. Short title.

PART I

2. Establishment to the National Authority on Tobacco and Alcohol.

3. Members of the Authority.

4. Disqualification for being a member.

5. Removal and resignation of members.

6. Term of office of members.

7. Remuneration or allowance of members.

8. Chairman of the Authority.

9. Meetings of the Authority.

10. Acts not invalidated by reason of a vacancy.

11. Seal of the Authority.

12. Authority to exercise its powers under the direction of the Minister.

13. Delegation of powers and functions of the Authority.

14. Functions of the Authority.

15. Power and Authority.

16. Authorised Officers.

17. Powers of Authorised Officer.

18. Produce in respect of articles seized.

19. Analysis.

20. Minister may issue directions.

21. Staff of the Authority.

22. Fund of Authority.

23. Financial year and audit of accounts.

24. Returns and information.

25. Authority to be a scheduled institution within the meaning of the Commission to Investigate Allegation of Bribery of Corruption Act, No. 19 of 1994.

26. Officers and servants of the Authority deemed to be public servants.

27. Acquisition of immovable property under Land Acquisition Act.

28. Expenses incurred by any person to be paid by the Authority.

29. Furnishing of information to the Minister.

30. Regulation.

PART II

31. Prohibition of the sale of any tobacco product or alcohol product to persons under twenty one years of age.

32. Prohibition on installation of vending machines for dispensing tobacco product or alcohol product.

33. Prohibition of the manufacture or sale of tobacco products which are prescribed.

34. Prohibition of the manufacture, sale, import etc. of tobacco products without health warnings and a label or a statement of tar and nicotine content.

34A. How to display health warnings.

35. Prohibition of tobacco or alcohol advertisement.

36. Prohibition of sponsorships.

37. Free distribution of tobacco products or alcohol product prohibited.

38. Offences relating to trademarks of tobacco products and alcohol products.

39. Smoking in an area to which the public have access to be an offence.

40. Tests for constituents of tobacco products.

41. Provision relating to the Motor Traffic Act.

42. Evidence.

43. Miscellaneous offences.

44. Sinhala text to prevail in case of inconsistency.

45. Interpretation.

27 of 2006,

3 of 2015.

AN ACT to provide for the establishment of the National Authority on Tobacco and Alcohol for the purpose of identifying the policy on protecting public health; for the elimination of tobacco and alcohol related harm through the assessment and monitoring of the production, marketing and consumption of tobacco products and alcohol products to make provision discouraging persons especially children from smoking or consuming alcohol, by curtailing their access to tobacco products and alcohol products; and for matters connected therewith or incidental thereto.

[Date of Commencement: 29th August, 2006]

1. Short title.

This Act may be cited as the National Authority on Tobacco and Alcohol Act.

PART I

2. Establishment to the National Authority on Tobacco and Alcohol.

(1) There shall be established an Authority which shall be called the National Authority on Tobacco and Alcohol (hereinafter in this Act referred to as the “Authority”).

(2) The Authority shall, by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Members of the Authority.

(1) The Authority shall consist of the following members appointed by the Minister—

(a) an officer, not below the rank of a Senior Assistant Secretary of the Ministry of the Minister in charge of the subject of Health, nominated by that Minister;

(b) an officer, not below the rank of a Senior Assistant Secretary, of the Ministry of the Minister in charge of the subject of Justice, nominated by that Minister;

(c) an officer, not below the rank of a Senior Assistant Secretary, of the Ministry of the Minister in charge of the subject of Education, nominated by that Minister;

(d) an officer, not below the rank of a Senior Assistant Secretary, of the Ministry of the Minister in charge of the subject of Media, nominated by that Minister;

(e) an officer, not below the rank of a Senior Assistant Secretary, of the Ministry of the Minister in charge of the subject of Trade, nominated by that Minister;

(f) an officer, not below the rank of a Senior Assistant Secretary, of the Ministry of the Minister in charge of the subject of Sports and Youth Affairs, nominated by that Minister;

(g) The Chairman of the National Dangerous Drugs Control Board;

(h) a representative of the Commissioner-General of Excise; nominated by the Commissioner-General of Excise;

(i) a representative of the Inspector-General of police nominate by the Inspector-General of Police; and

(j) five members appointed by the Minister from among persons who have wide experience and knowledge, in the field of medicine, and other fields related to tobacco products and alcohol products.

(2) The members appointed under paragraph (j), of subsection (1) are hereinafter referred to as, “appointed members”.

4. Disqualification for being a member.

A person shall be disqualified from being appointed, or continuing, as a member of the Authority—

(a) if he is or becomes a member of Parliament or any Provincial Council or any local authority;

(b) if he is not, or ceases to be a citizen of Sri Lanka;

(c) If he is under any, law in force in Sri Lanka or in any other country, found or declared to be of unsound mind;

(d) if he is serving, or has served, a sentence of imprisonment imposed by any Court in Sri Lanka or any other country;

(e) if he holds or enjoys any rights or benefit under any contract made by, or on behalf of the Authority; or

(f) If he has any financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Authority.

5. Removal and resignation of members.

(1) An appointed member of the Authority may resign his office by letter addressed to the Minister and such resignation shall be effective from the date on which it is accepted by the Minister.

(2) The Minister may for reasons assigned remove an appointed member of the Authority from office.

(3) Where an appointed member of the Authority dies, resigns or is removed from office, the Minister shall, having regard to the provisions of section 3, appoint another member in his place.

(4) A member appointed under subsection (3) shall hold office for the unexpired part of the term of office of the member whom he succeeds.

6. Term of office of members.

Subject to the provisions of subsections (1) and (2) of section 5 the term of office of an appointed member of the Authority shall be three years and such member shall be eligible for re-appointment.

7. Remuneration or allowance of members.

The members of the Authority shall be paid such remuneration or allowances at such rates as may be members determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

8. Chairman of the Authority.

(1) The Minister may appoint one of the appointed members of the Authority to be the Chairman of the Authority, and such Chairman shall be the Chief Executive Officer of the Authority.

(2) The terms of office of the Chairman shall be three years and he shall be eligible for re-appointment.

(3) If the Chairman is by reason of illness or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint another member of the Authority to act in his place.

(4) The Chairman shall not engage in any paid employment outside the duties of his office, without the approval of the Minister.

(5) The Chairman may resign from the office of Chairman by letter addressed to the Minister and such resignation shall be effective from the date on which it is accepted by the Minister.

(6) The Minister may for reasons assigned remove the Chairman from the office of Chairman.

(7) Subject to the provisions of subsections (4) and (5), the term of office of the Chairman shall be the period of his membership of the Authority.

9. Meetings of the Authority.

(1) The Chairman shall, if present, preside at every meeting of the Authority. In the absence of the Chairman from any such meeting, a member elected by the members present, shall preside at such meeting.

(2) The quorum for any meeting of the Authority shall be seven members.

(3) The Chairman or other member presiding at any meeting, of the Authority, shall in addition to his own vote, have a casting vote.

(4) Subject to the preceding provisions of this section, the Authority may regulate the procedure in regard to the meetings of the Authority and the transaction of business at such meetings.

10. Acts not invalidated by reason of a vacancy.

No act, decision or proceeding of the Authority, shall be deemed to be invalid by reason only of the existence of any vacancy of the Authority or any defect in the appointment of any member thereof.

11. Seal of the Authority.

(1) The seal of the Authority may be determined and devised by the Authority, and may be altered in such manner as may be determined by the Authority.

(2) The seal of the Authority shall be in the custody of such person as the Authority may decide from time to time.

(3) The seal of the Authority shall not be affixed to any instrument or document except with the sanction of the Authority and in the presence of the Chairman and one member who shall sign the instrument or document in token of their presence.

(4) The Authority shall maintain a register of the instruments and documents to which the seal of the Authority has been affixed.

12. Authority to exercise its powers under the direction of the Minister.

In the exercise of its powers and the discharge of its functions, the Authority shall comply with such general or special directions as may from time to time be issued to it by the Minister:

Provided that compliance by the Authority with any general or special direction so issued shall be subject to the provisions of any other law for the time being in force.

13. Delegation of powers and functions of the Authority.

(1) The Authority may delegate any of the powers and functions of the Authority of the Chairman.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


Order Request Form


Name:*
Subject:*
E-mail:*
Phone:*
-
Message:*