The Cigarettes and Other Tobacco Products Act, 2003

1 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 19th May, 2003/Vaisakha 29, 1925 (Saka) The following Act of Parliament received the assent of the President on the 18th May, 2003, and is hereby published for general information:- THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION ACT, 2003 No. 34 of 2003 [18th May, 2003.] An Act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto. WHEREAS, the Resolution passed by the 39th World Health Assembly (WHO), in its Fourteenth Plenary meeting held on the 15th May, 1986 urged the member States of WHO which have not yet done so to implement the measures to ensure that effective protection is provided to non-smokers from involuntary exposure to tobacco smoke and to protect children and young people from being addicted to the use of tobacco; AND WHEREAS, the 43rd World Health Assembly in its Fourteenth Plenary meeting held on the 17th May, 1990, reiterated the concerns expressed in the Resolution passed in the 39th World Health Assembly and urged Member States to consider in their tobacco control strategies plans for legislation and other effective measures for protecting their citizens with special attention to risk groups such as pregnant women and children from involuntary exposure to tobacco smoke, discourage the use of tobacco and impose progressive restrictions and take concerted action to eventually eliminate all direct and indirect advertising, promotion and sponsorship concerning tobacco; AND WHEREAS, it is considered expedient to enact a comprehensive law on tobacco in the public interest and to protect the public health; AND WHEREAS, it is expedient to prohibit the consumption of cigarettes and other tobacco products which are injurious to health with a view to achieving improvement of public health in general as enjoined by article 47 of the Constitution; AND WHEREAS, it is expedient to prohibit the advertisement of, and to provide for regulation of trade and commerce, production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto: BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:- 2 Section 1 (1) This Act may be called the Cigarettes and Other Tobacco Products Short title, (Prohibition of Advertisement and Regulation of Trade and Commerce, extent and commenc Production, Supply and Distribution) Act, 2003. ement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. Declaration as to Section 2 It is hereby declared that it is expedient in the public interest that the Union expediency should take under its control the tobacco industry. of control by the Union Section 3 In this Act, unless the context otherwise requires,- (a) “advertisement” includes any visible representation by way of notice, Definitions circular, label, wrapper or other document and also includes any announcement made orally or by any means of producing or transmitting light, sound, smoke or gas; (b) “cigarette” includes,- (i) Any roll of tobacco wrapped in paper or in any other substance not containing tobacco, (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 its packaging and labeling is likely to be offered to, or purchased by, consumers as cigarette, but does not include beedi, cheroot and cigar; (c) “distribution” includes distribution by way of samples, whether free or otherwise; (d) “export”, with its grammatical variations and cognate expressions, means taking out of India to a place outside India; (e) “foreign language” means a language which is neither an Indian language nor the English language; (f) “import”, with its grammatical variations and cognate expressions, means bringing into India from a place outside India; (g) “Indian language” means a language specified in the Eighth Schedule to the Constitution, and includes any dialect of such language; (h) “label” means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package; (i) “package” includes a wrapper, box, carton, tin or other container; (j) “prescribed” means prescribed by rules made under this Act; (k) “production”, with its grammatical variations and cognate expressions, includes the making of cigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called) or snuff and shall include- (i) Packing, labeling or re-labelling, of containers; (ii) Re-packing from bulk packages to retail packages; and (iii) The adoption of any other method to render the tobacco product marketable; (l) “public place” means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space; 3 (m) “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, and offer for sale and exposure for sale; (n) “smoking”, means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments; (o) “specified warning” means such warnings against the use of cigarettes or other tobacco products to be printed, painted or inscribed on packages of cigarettes or other tobacco products in such form and manner as may be prescribed by rules made under this Act; (p) “tobacco products” means the products specified in the Schedule. Section 4 No person shall smoke in any public place: Prohibition of smoking Provided that in a hotel having thirty rooms or a restaurant having seating in a public place. capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made. Section 5 (1) No person engaged in, or purported to be engaged in the production, Prohibition of supply or distribution of cigarettes or any other tobacco products shall advertisement advertise and no person having control over a medium shall cause to be of cigarettes and other advertised cigarettes or any other tobacco products through that medium tobacco and no person shall take part in any advertisement which directly or products indirectly suggests or promotes to use or consumption of cigarettes or any other tobacco products. (2) No person, for any direct or indirect pecuniary benefit, shall- (a) Display, cause to display, or permit or authorize to display any advertisement of cigarettes or any other tobacco product; or (b) Sell or cause to sell, or permit or authorize to sell a film or video tape containing advertisement of cigarettes or any other tobacco product; or (c) Distribute, cause to distribute, or permit or authorize to distribute to the public any leaflet, hand-bill or document which is or which contains an advertisement of cigarettes or any other tobacco product; or (d) Erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall display in any manner whatsoever in any place any advertisement of cigarettes or any other tobacco product: Provided that this sub-section shall not apply in relation to- (a) an advertisement of cigarettes or any other tobacco product in or on a package containing cigarettes or any other tobacco product; (b) advertisement of cigarettes or any other tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes any other tobacco products are offered for distribution or sale. (3) No person, shall, under a contract or otherwise promote or agree to promote the use or consumption of- (a) cigarettes or any other tobacco product; or 4 (b) any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another person. Prohibition on sale of cigarette Section 6 No person shall sell, offer for sale, or permit sale of, cigarette or any or other tobacco other tobacco product- products to (a) to any person who is under eighteen years of age, and person below (b) in an area within a radius of one hundred yards of any the age of eighteen years educational institution. and in particular area Section 7 (1) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of Restrictions on trade and cigarettes or any other tobacco products produced, supplied or commerce distributed by him bears thereon, or on its label such specified warning in and including a pictorial warning as may be prescribed1. production, supply and (2) No person shall carry on trade or commerce in cigarettes or any other distribution of cigarettes and tobacco products unless every package of cigarettes or any other tobacco other tobacco products sold, supplied or distributed by him ears thereon, or on its label, products. the specified warning. (3) No person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in India unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. (4) The specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. (5) No person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this Act. Manner in Section 8 (1) The specified warning on a package of cigarettes or any other tobacco which specified products shall be- warning (a) legible and prominent; shall be (b) conspicuous as to size and colour; made (c) in such style or type of lettering as to be boldly and clearly presented in distinct contrast to any other type, lettering or graphic material used on the package or its label and shall be printed, painted or inscribed on the 1 Amended vide the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Act, 2007 (No. 38 of 2007) dated 25th September 2007 5 package in a colour which contrasts conspicuously with the background of the package or its labels. (2) The manner in which a specified warning shall be printed, painted or inscribed on a package of cigarettes or any other tobacco products shall be such as may be specified in the rules made under this Act. (3) Every package containing cigarettes or any other tobacco products shall be son packed as to ensure that the specified warning appearing thereon, or on its label, is, before the package is opened, visible to the consumer. Section 9 (1) Where the language used on a package containing cigarettes and any Language in other tobacco products or on its label is- which the (a) English, the specified warning shall be expressed in the English specified warning language; shall (b) any Indian language or languages, the specified warning shall be expressed. expressed in such Indian language or languages; (c) both English and one or more Indian languages, the specified warning shall be expressed in the English language as well as in such Indian language or languages; (d) partly English and partly any Indian language or languages, the specified warning shall be expressed in the English language as well as in such Indian language or languages; (e) any foreign language, the specified warning shall be expressed in the English language; (f) partly any foreign language and partly English or any Indian language or languages, the specified warning shall be expressed in the English language as well as in such Indian language or languages. (2) No package of cigarettes or any other tobacco products or its label shall contain any matter or statement which is inconsistent with, or detracts from, the specified warning. Section 10 No specified warning or indication of nicotine and tar contents in cigarettes Size of and any other tobacco products shall be deemed to be in accordance with the provisions letters and figures. of this Act if the height of each letter or figure, or both used on such warning and indication is less than the height as may be prescribed by rules made under this Act. Testing Section 11 For purposes of testing the nicotine and tar contents in cigarettes and any laboratory other tobacco products the Central Government shall by notification in the Official for nicotine Gazette grant recognition to such testing laboratory as that Government may deem and tar necessary. contents. Section 12 (1) Any police officer, not below the rank of a sub-inspector or any officer of Power of State Food or Drug Administration or any other officer, holding the entry and equivalent rank being not below the rank of Sub- Inspector of Police, search authorized by the Central Government or by the State Government may, if 6 he has any 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 factory, building, business premises or any other place,- a) where any trade or commerce in cigarettes or any other tobacco products is carried on or cigarettes or any other tobacco products are produced, supplied or distributed; or b) where any advertisement of the cigarettes or any other tobacco products has been or is being made. 2 of 1974 (2) The provisions of the Code of Criminal Procedure, 1973, shall apply to every search and seizure made under this Act. Section 13 (1) If any police officer, not below the rank of a sub-inspector or any officer of Power State Food or Drug Administration or any other officer, holding the equivalent to seize rank being not below the rank of Sub- Inspector of Police, authorized by the Central Government or by the State Government, has any reason to believe that,- a) in respect of any package of cigarettes or any other tobacco products, or b) in respect of any advertisement of cigarettes or any other tobacco products, the provisions, of this Act have been, or are being, contravened, he may seize such package or advertisement material in the manner prescribed. (2) No package of cigarettes or any other tobacco products or advertisement material seizes under clause (a) of sub-section (1) shall be retained by the officer who seize the package or advertisement material for a period exceeding ninety days from the date of the seizure unless the approval of the District Judge, within the local limits of whose jurisdiction such seizure was made, has been obtained for such retention. Section 14. Any package of cigarettes or any other tobacco products or any Confiscation advertisement material of cigarettes or any other tobacco products, in respect of which of package any provision of this Act has been or is being contravened, shall be liable to be confiscated: Provided that, where it is established to the satisfaction of the court adjudging the confiscation that the person in whose possession, power or control any such package of cigarettes or any other tobacco products is found is not responsible for the contravention of the provisions of this Act, the Court may, instead of making an order for the confiscation of such package, make such other order authorized by this Act against the person guilty of the breach of the provisions of this Act as it may think fit. Section 15. (1) Whenever any confiscation of any package of cigarettes or any other Power to tobacco products is authorized by this Act, the court adjudging it may, give option to pay costs subject to such conditions as may be specified in order adjudging the in lieu of confiscation, give the owner thereof an option to pay, in lieu of confiscation confiscation, costs which shall be equal to the value of the goods confiscated. 7 (2) On payment of the costs ordered by the court, the seized packages shall be returned to the person from whom they were seized on condition that such person shall, before making any distribution, sale or supply of such packages of cigarettes or other tobacco products, get the specified warning and indication of nicotine and tar contents incorporated on each such package. Confiscation Section 16. No confiscation made, costs ordered to be paid under this Act shall prevent not to interfere with the infliction of any punishment to which the person affected thereby is liable under the other provisions of this Act or under any other law. punishments Section 17. Any confiscation of cigarettes or any other tobacco products may be Adjudication adjudged or costs may be ordered to be paid,- (a) without any limit, by the principal civil court of original jurisdiction within the local limits of whose jurisdiction such confiscation has been made, costs have been ordered to be paid, (b) subject to such limits as may be specified by the Central Government in this behalf, by such other court, not below a civil court having pecuniary jurisdiction exceeding rupees five thousand, as the Central Government may, by notification in the Official Gazette, authorize in this behalf. Section 18. (1) No order adjudging confiscation or direct payment of costs shall be made unless the owner or person in possession of the package of cigarettes or any other Giving opportunity tobacco products has been given a notice in writing informing him of the grounds on to the owner which it is proposed to confiscate such package, and giving him a reasonable opportunity of seized of making a representation in writing, within such reasonable time as may be specified in packages. the notice, against the confiscation mentioned therein, and, if he so desires, of being heard personally or through a representative in the manner: Provided that, where no such notice is given within a period of ninety days from the date of the seizure of the package of cigarettes or any other tobacco products, such package shall be returned, after the expiry of that period, to the owner or the person from whose possession it was seized. (2) Save as otherwise provided in sub-section (1), the provisions of the Code of 5 of 1908 Civil Procedure, 1908, shall, as far as may be, apply to every proceeding referred to in sub-section (1) Section 19. (1) Any person, aggrieved by any decision of the court adjudging a Appeal confiscation, ordering the payment of costs, may prefer an appeal to the court to which an appeal lies from the decision of such court. (2) The appellate court may, after giving to the appellant an opportunity of being heard, pass such order as it thinks fit confirming, modifying or reversing the decision or order appealed against or may send back the case with such directions ad it may think fit for a fresh decision or adjudication, as the case may be, after taking additional evidence, if necessary: Provided that an order enhancing any fine in lieu of confiscation or confiscating of goods of grater value shall not be made under this section unless the appellant has had an opportunity of making a 8 representation and, if he so desires, of being heard in person or through a representative in his defence. (3) No further appeal shall lie against the order of the court of appeal. Section 20. (1) Any person who produces or manufactures cigarettes or tobacco Punishment products, which do not contain, either on the package or on their label, for failure to the specified warning and the nicotine and tar contents, shall in the case give specified of first conviction be punishable with imprisonment for a term which may warning and nicotine and extend to two years, or with fine which may extend to five thousand tar contents rupees, or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with fine which nay extend to ten thousand rupees. (2) Any person who sells or distributes cigarettes or tobacco products which do not contain either on the package or on their label, the specified warning and the nicotine and tar contents shall in the case of first conviction be punishable with imprisonment for a term, which may extend to one year, or with fine which may extend to one thousand rupees, or with both, and, for the second or subsequent conviction, with imprisonment for a term which may extend to two years and with fine which may extend to three thousand rupees. Punishment for smoking Section 21. (1) Whoever contravenes the provisions of section 4 shall be punishable in certain with fine which may extend to two thousand rupees. places (2) An offence under this section shall be compoundable and shall be tried summarily in 2 of 1974 accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973. Punishment for Section 22. Whoever contravenes the provisions of section 5 shall, on conviction, be advertisement punishable- of cigarettes and tobacco (a) in the case of first conviction, with imprisonment for a term which may products extend to two years or with fine which may extend to one thousand rupees or with both, and (b) in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees. Forfeiture of Section 23. Where any person has been convicted under this Act for the contravention advertisement of the provision of section 5, the advertisement and the advertisement material for and cigarettes and other tobacco products may be forfeited to the Government and such advertisement material advertisement and advertisement material shall be disposed of in such manner as may be prescribed by rules made under this Act. Section 24. (1) Any person who contravenes the provisions of section 6 shall be guilty of an offence under this Act and shall be punishable with fine which may extend to two hundred rupees. 9 (2) All offences under this section shall be compoundable and shall be tried summarily in 2 of 1974 accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973. Prevention, Section 25. (1) Notwithstanding anything contained in any other law for the time being detention in force, the Central Government or the State Government may, by and place of notification in the Official Gazette, authorize one or more persons who trial of offences shall be competent to act under this Act: under section 4 and 6 Provided that the person so authorized may, if he has reasonable ground fro believing that any person has committed an offence under section 4 or section 6, may detain such person unless the accused person furnishes his name and address, and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him. (2) Any person detained under sub-section (1) shall forthwith be taken before Magistrate to be dealt with according to law. (3) Any person committing an offence under section 4 or section 6 shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in many other place in which he is liable to be tried under any law for the time being in force. (4) Every notification issued under sub-sections (1) and (3) shall be published in the Official Gazette, and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as the State Government may direct. (5) Every person authorized under sub-section (1) shall be deemed to be a 45 of 1860 pubic servant within the meaning of section 21 of the Indian Penal Code. Section 26. (1) Where an offence under this Act has been committed by a company, Offences by every person who, at the time of a offence was committed, was in charge companies of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer shall be proceeded against and punished accordingly. Explanation- For the purposes of this section, - (a) “company” means a body corporate and includes a firm or other association of individuals; and 10 (b) “director”, in relation to affirm, means a partner in the firm. Section 27. Notwithstanding anything contained in the Code of Criminal Procedure, Offences to be bailable. 1973, an offence punishable under this Act shall be bailable. 2 of 1974 Section 28. (1) any offence committed under section 4 or section 6 may either before Composition or after the institution of the prosecution be compounded by such officer of offences authorized by Central Government or State Government and for n amount which may not exceed two hundred rupees. (2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence. Protection of action Section 29. No suit, prosecution or other legal proceeding shall lie against the Central taken in Government or any State Government or any officer of the Central Government or any good faith State Government for anything which is in good faith done or intended to be done under this Act. Section 30. The Central Government, after giving by notification in the Official Gazette, Power to add any not less than three months notice of its intention so to do, may, by like notification, add tobacco any other tobacco product in respect of which it is of opinion that advertisements are to products be prohibited and its production, supply and distribution is required to be regulated in the Schedule under this Act, and thereupon the Schedule shall in its application to such products be deemed amended accordingly. Section 31. (1) The Central Government may, by notification in the Official Gazette, Power of Central make rules to carry out the provisions of this Act. Government to make (2) Without prejudice to the generality of the foregoing power, such rules rules may provide for all any of the following matters, namely:- (a) specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause (b) of section 3; (b) specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to sub-section (5) of section 7; (c) specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under sub- section (2) of section 8; (d) specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10; (e) provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized; (f) provide for any other matter which is required to be, or may be, prescribed. 11 (3) Every rule made under this Act and every notification made under section 30 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty 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 session aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification 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 or notification. Section 32. Nothing contained in this Act shall apply to any cigarettes or other tobacco Act not to apply to products or package of cigarettes or other tobacco products which is exported: cigarettes and other Provided that nothing in this section shall be deemed to authorize the export of any tobacco products package of cigarettes or other tobacco products, not containing the specified warning which are and indication of nicotine and tar contents to any country if the law in force in that exported. country requires that the same or similar warning and nicotine and tar contents shall be specified on each package of cigarettes or other tobacco products. Explanation. - For the purpose of this section, any cigarette or other tobacco products or package of cigarettes and other tobacco products shall be deemed to be exported before the commencement of this Act, if the necessary steps for export have already been taken notwithstanding that the actual export has not taken place. Section 33. (1) The Cigarettes (Regulation of Production, Supply and Distribution) Act, Repeal and savings 1975, is already repealed. 49 of 1975 (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 the 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. 12 THE SCHEDULE [See section 2(p)] 1. Cigarettes 2. Cigars 3. Cheroots 4. Beedis 5. Cigarette tobacco, pipe tobacco and hookah tobacco 6. Chewing tobacco 7. Snuff 8. Pan Masala or any chewing material having tobacco as one of its ingredients (by whatever name called). 9. Gutka 10. Tooth powder containing tobacco. (i) Sections1,2,3,4,5,6(a),12(1)(b),12(2),13(1)(b),13(2),14,16,19,21,22,23,24,25,26,27,28,29,30, and 31, came into force on 01.05.2004, vide S.O. 238(E). (ii) Sections 7(1),(2),(3),(4),8, 9,10 and 20, came into force on 01.12.2007, vide S.O. 1955(E), dated 16.11.2007. (iii) Sections 12(1)(a),13(1)(a),15,17,18,32 and 33, came into force on 30.07.2009, vide S.O. 1865(E). (iv) Section 6(b) came into force on 16.09.2009 vide G.S.R. No. 680(E)