15.
20.
21.
22.
23. Forfeiture of advertisement and advertisement material
24. Punishment for sale of cigarettes or any other tobacco products in certain places or to persons below the age of eighteen years
25.
PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE,
5.
CIGARETTES AND
TOBACCO PRODUCTS (PACKAGING AND LABELLING) RULES, 2008
CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) RULES, 2004
1. Short title and commencement
2. Definitions
3. Prohibition of smoking in a public place
4. Prohibition of advertisement of cigarettes and other tobacco products
5. Prohibition on sale of tobacco products to and by persons below the age of eighteen years
6. Recovery of Fine by authorised officers
7. Health Spot and Message in Old Films and Television Programmes, displaying Tobacco Products or their use
8. Health Spots, Message and Disclaimer in New Films and Television Programmes
9. Product Placement, Promotional materials and Posters
10. Cropping or Masking of Brand names and Logos of Tobacco Products
11. Health spots, message and disclaimer in online curated contents of tobacco products by the publisher
PROHIBITION OF SMOKING IN PUBLIC PLACES RULES, 2008
1. Short title, extent and
of
4. Hotels, Restaurants and Airports
5. Recovery of fine by authorized officers
PROHIBITION ON SALE OF CIGARETTES AND OTHER TOBACCO PRODUCTS AROUND EDUCATIONAL INSTITUTIONS RULES, 2004
1. Short title, extent and commencement 77
2. Definitions 77
3. Prohibition of Sale of Cigarettes and Other Tobacco Products around Educational Institutions 78
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
[34 OF 2003]1
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;
1.Dated 18-5-2003.
S. 2 CIGARETTES AND OTHER TOBACCO PRODUCTS ACT, 2003 2
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:—
Short title, extent and commencement.
1. (1) This Act may be called the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
COMMENTS
SECTION NOTES
This Act does not apply to any cigarette or other tobacco products or package of cigarettes or other tobacco products which is exported. [See section 32] Declaration as to expediency of control by the Union.
2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the tobacco industry.
COMMENTS
CASE LAWS
Scope of Tobacco Act – Adulteration not covered - The petitioners, engaged in manufacturing gutka and pan masala, challenged the seizure and prosecution initiated under the Prevention of Food Adulteration Act, 1954 (PFA Act), claiming that such products fall solely under the domain of the Cigarettes and Other Tobacco Products Act, 2003. They argued that the Tobacco Act, being a special and later enactment, overrides the PFA Act, and hence, the state authorities lacked power to initiate action regarding adulteration or misbranding. The Bombay High Court rejected this argument, clarifying that the Tobacco Act, 2003, does not deal with issues of adulteration or misbranding
2. Sections 1, 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 enforced w.e.f. 1-5-2004, vide Notification No. S.O. 238(E), dated 25-2-2004. Sections 7(1)(2)(3)(4), 8, 9,10 and 20 enforced w.e.f. 1-12-2007, vide Notification No. S.O. 1955(E), dated 16-11-2007.
Clause (a) of sub-section (1) of section 12, clause (a) of sub-section (1) of section 13, 15, 17, 18, 32 and 33 enforced w.e.f. 30-7-2009, vide S.O. 1865(E), dated 30-7-2009.
Section 11 enforced w.e.f. 1-9-2019, vide Notification No. S.O. 3134(E), dated 29-8-2019.
CIGARETTES AND OTHER TOBACCO PRODUCTS ACT, 2003 S. 3
of tobacco products, nor does it contain any overriding clause. The Court emphasized that the Tobacco Act only regulates advertisement, trade, and sale conditions (such as age restrictions), while the PFA Act specifically addresses the safety and purity of food articles. It held that in absence of any contrary provision in the Tobacco Act, the authorities under the PFA Act remain empowered to inspect, sample, and prosecute in cases where gutka or pan masala is found to be adulterated or misbranded. The Supreme Court’s ruling in Godawat Pan Masala was distinguished as it pertained to the invalidity of a ban under section 7(iv) of the PFA Act, and not to adulteration or misbranding. Accordingly, the writ petitions were dismissed – Vishnu Packaging, A Partnership Firm v. Union of India 2012 (1) AIR BOM. R 716.
Definitions.
3. In this Act, unless the context otherwise requires,—
(
a) “advertisement” includes any visible representation by way of notice, 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 labelling 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 tobac-
S. 3 CIGARETTES AND OTHER TOBACCO PRODUCTS ACT, 2003 4
co, 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, labelling 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;
(
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.
COMMENTS
SECTION NOTES
3.1 Advertisement [Section 3(a)]
Section 3(a) gives an inclusive definition of the term “advertisement”. The term “advertisement” is defined to include specifically the following: any visible representation by way of notice, circular, label, wrapper or other document; and any announcement made orally or by any means of producing or transmitting light, sound, smoke or gas.
3.2 Cigarette [Section 3(b)]
The term “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 labelling, is likely to be offered to, or purchased by, consumers as a cigarette.
