CONFICIENDIS LEGISLATIVA

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SVKM S PRAVIN GANDHI COLLEGE OF LAW Presents CONFICIENDIS LEGISLATIVA 5 th NATIONAL LEGISLATIVE DRAFTING COMPETITION, 2016 DRAFT A BILL REGULATING HOOKAH PARLOURS A. Eligibility for participation. RULES AND REGULATIONS Participation is restricted to students currently studying in the Law colleges only. Law schools/colleges recognised by the Bar Council of India are eligible to participate in the Fifth National Legislative Drafting Competition, 2016. B. Team Composition. The team may comprise of a maximum number of 2 members. A maximum of 3 entries are permitted from each institution. C. Registration. The Students interested are required to send the duly completed registration form to mcs.svkm@gmail.com along with a scanned copy of a Demand Draft in favor of PRAVIN GANDHI COLLEGE OF LAW, payable at Mumbai of Rs.1500/- (per entry) (One Thousand Five Hundred Only) as the registration fee. The hard copy of the same must be sent to SVKM s Pravin Gandhi College of Law, Mithibai College Campus, 8 th Floor, Bhaktivedanta Swami Marg, Vile Parle (W), Mumbai- 400056. The Participants have to send the soft copy of the registration form and the demand draft by Wednesday, 20 th of January, 2016 by 16:00 hrs. The last date for sending the hard copy of the registration form and the Demand Draft is 25 th January, 2016. Both the formalities have to be completed in order to confirm the participation. 1

D. Background Note. State to come up with hookah bar-specific policy by next year DNA Mumbai Edition, 12.12.2015, Pg. 9 Naziya Alvi Rahman To regulate the mushrooming of hookah bars across the state, the home department has decided to formulate a policy specific to them. At present, hookah bars are covered under the Maharashtra Police Act rules and Tobacco Control Acts of the central government, which do not have anything specific about hookah. The department has realised that a hookah bar-specific policy is needed. We are working on formulating such a policy, which should be put in place by next year, said Vijay Satbir Singh, principal secretary (home). Sources said the decision was taken after the issue was raised in the ongoing assembly session following recent raids in Nagpur where 10 youths and two women were arrested from the parlours. It is reported that the parlours were serving customers till 4am, well beyond the 1.30am deadline. The proposed policy will set criteria such as age limit for the visitors, bar timings and other necessary concerns. Hookah lounges have been operating as per the Cigarettes and Other Tobacco Products Act (COTPA) rules set by the centre in keeping with World Health Organisation (WHO) guidelines. The state had put a blanket ban on hookah bars in 2011 after Shubha Raul, the then Mumbai mayor, launched an agitation against hookah lounges. She even staged a dharna outside popular joints and filed a petition to ban the parlours. Acting on the petition, Bombay High Court asked the Brihanmumbai Municipal Corporation (BMC) to reset the rules. Many other states then followed suit, causing the hookah lounge business to shut down. The city then had to close nearly 400 such lounges. The bars, however, returned after Supreme Court recognised that the BMC cannot interfere in the matter. The law prohibits smoking in public places, except in designated smoking rooms in hotels and restaurants. The apex court pointed out that the law permits the sale of cigarettes and tobacco to adults in areas outside a 100-yard radius of educational institutions. Draft a bill Regulating Hookah Parlours 2

E. Format of the Submission. The language for the competition will be strictly English. The bill should be typed on A4-sized paper. The font used must be Times New Roman, size 12, double line spacing, One-inch margin on each side. The font of footnotes must be Times New Roman, Size 10, single line spacing. Page numbers must be given at the Top Right hand corner. The length of the bill should not exceed 30 pages. The cover page of the submission should include the Long Title of the bill along with the name of the Author(s), with the author's designation. F. Format. The draft of the Legislation should be in the following format: 1. The Long Title 2. The Preamble 3. The Enacting Clause 4. The Short Title 5. Extent and Commencement Clause 6. Definitions 7. The Operative Section 8. Exceptions and Exemptions Clause 9. Procedural Provisions 10. Offences and Penalties 11. Provisions regarding Delegated Legislation 3

G. General Rules. The Participants have to send the soft copy of the registration form and the demand draft by 20 th of January, 2016 by 16:00 hrs. The Participants have to send the hard copy of the registration form and the demand draft by 25 th of January, 2016 by 16:00 hrs. The Participants have to send the soft copy of the Legislative bill by the 08 th February, 2016 by 23:59 hrs. The Participants will have to send 3 Hard Copies of the Bill by 12 th February, 2016. Results will be declared on 01 st March, 2016. All participants will receive a participation certificate. The organizers shall send the certificates and the prize amount via courier or speed post. Entries sent after the deadline shall be disqualified. Any entry found to be plagiarized will be disqualified. H. Prizes. The Best Team - Cash Prize of Rs. 10,000/- and Certificates. The Runner Up Team - Cash Prize of Rs. 7,000 and Certificates. The Second Runner Up Team - Cash Prize of Rs. 5,000 and Certificates. For further queries please contact: Faculty-in-Charge: Dr. Geeta Kubsad - +91 98202 54446 Student Co-ordinators: - Shantam Mandhyan - +91 99300 93523 Pavana Padmakumar - +91 98204 82743 4

REGISTRATION FORM (Please fill in block letters) Name of the Institution: Address: Email: Phone: Name of faculty in-charge: Contact details of faculty in-charge: NAME PHOTOGRAPH PARTICIPANT 1 PARTICIPANT2 (Signature of the Head of the Institution) NOTE: THE PHOTOGRAPH SHOULD BE SELF ATTESTED. 5