CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003
(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 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.
It is hereby declared that it is expedient in the public interest that the Union should take under its control the tobacco industry.
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) "d
No person shall smoke in any public place:
Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made.
(1) No person engaged in, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the 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 authorise to display any advertisement of cigarettes or any other tobacco product; or
(b) sell or cause to sell, or permit or authorise to sell a film or video tape containing advertisement of cigarettes or any other tobacco product;
No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product--
(a) to any person who is under eighteen years of age, and
(b) in an area within a radius of one hundred yards of any educational institution.
(1) 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 bears thereon, or on its label, the specified warning including a pictorial depiction of skull and cross bones and such other warning as may be prescribed.
(2) No person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, 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
(1) The specified warning on a package of cigarettes or any other tobacco products shall be--
(a) legible and prominent;
(b) conspicuous as to size and colour;
(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 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 packag
(1) Where the language used on a package containing cigarettes and any other tobacco products or on its label is--
(a) English, the specified warning shall be expressed in the English language;
(b) any Indian language or languages, the specified warning shall be 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 exp
No specified warning or indication of nicotine and tar contents in cigarettes and any other tobacco products shall be deemed to be in accordance with the provisions 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.
For purposes of testing the nicotine and tar contents in cigarettes and any other tobacco products the Central Government shall by notification in the Official Gazette grant recognition to such testing laboratory as that Government may deem necessary.
(1) Any police officer, not below the rank of a Sub-Inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police, authorised by the Central Government or by the State Government may, if 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) The pr
(1) If any police officer, not below the rank of a Sub-Inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police, authorised by the Central Government or by the State Government, has any reasons 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 seized under clause (a) of sub-section (1) shall be
Any package of cigarettes or any other tobacco products or any advertisement material of cigarettes or any other tobacco products, in respect of which 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 authorised by this Act against the person guilty of the breach of the provisions of this Act as it may think fit.
(1) Whenever any confiscation of any package of cigarettes or any other tobacco products is authorised by this Act, the Court adjudging it may, subject to such conditions as may be specified in the order adjudging the confiscation, give to the owner thereof an option to pay, in lieu of confiscation, costs which shall be equal to the value of the goods confiscated.
(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.
No confiscation made, costs ordered to be paid under this Act shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this Act or under any other law.
Any confiscation of cigarettes or any other tobacco products may be 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, authorise in this behalf.
(1) No order adjudging confiscation or directing payment of costs shall be made unless the owner or person in possession of the package of cigarettes or any other tobacco products has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such package, and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice, against the confiscation mentioned therein, and, if he so desires, of being heard personally or through a representative in the matter:
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 of 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.
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(1) Any person, aggrieved by any decision of the Court adjudging a 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 as 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 greater value shall not be made under this section unless the appellant has had an opportunity of making a representation and if he so desires, of being heard in person or through a
(1) Any person who produces or manufactures 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 two years, or with fine which may extend to five thousand 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 may 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
(1) Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.
(2) An offence under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 (2 of 1974).
Whoever contravenes the provision of section 5 shall, on conviction, be punishable--
(a) in the case of first conviction, with imprisonment for a term which may 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.
Where any person has been convicted under this Act for the contravention of the provision of section 5, the advertisement and the advertisement material for cigarettes and other tobacco products may be forfeited to the Government and such advertisement and advertisement material shall be disposed of in such manner as may be prescribed by rules made under this Act.
(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.
(2) All offences under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 (2 of 1974).
Section 24 of the COTPA 2003 prescribes the penalties for contravention of certain provisions related to sale, purchase, or possession of tobacco products, especially targeting violations like sale to minors and sale within prohibited areas near educational institutions. It forms a crucial part of the enforcement framework of the Act aimed at controlling tobacco consumption and its adverse health effects.
Section 24 delineates punishment for violations of specific provisions of the Act, notably:- Section 6: Prohibition on sale of tobacco products to minors and within 100 yards of educational institutions.- Section 7: Restrictions on trade, supply, and distribution, including the requirement of warning labels.- Section 20: Penalties for failure to display warnings, including nicotine and tar contents.- Other related provisions concerning sale and distribution.
The section stipulates that any person contravening these provisions shall be punishable with imprisonment, fine, or both, with the severity depending on whether it is a first or subsequent offence.
Section 24 applies to:- Sellers and distributors of tobacco products who violate sale restrictions (e.g., sale to minors or within prohibited zones).- Manufacturers or importers failing to comply with packaging and warning label requirements.- Any person involved in the supply chain contravening the provisions.It does not cover acts beyond the specified provisions, such as mere possession without sale or distribution in violation of the Act.
Strict Liability - Section 24 emphasizes strict penal consequences for violations, reflecting the legislative intent to deter illegal sale and distribution of tobacco products, especially to minors and within prohibited zones. [Source: "Uppara Veerendra VS State of Andhra Pradesh"]
Deterrent Nature - The provision aims to curb the illicit trade and sale of tobacco, aligning with the public health objective enshrined in Article 47 of the Constitution. [Source: "K. V. Joshy VS State of Kerala, Rep. by the Secretary to the Department of Health and Welfare, Government Secretariat"]
Vicarious Liability - The section encompasses manufacturers, importers, and sellers; however, courts have held that penal action requires proof of contravention by the individual involved, and mere possession or transportation without sale may not attract penalties. [Source: "Kuru Vijay Kumar, S/o. Ramalingam VS State of Telangana"]
Scope Limitation - The law targets commercial activities—sale, distribution, and manufacturing—rather than mere possession, unless possession is for sale or distribution. [Source: "Mahesh Bhatt and Kasturi VS Union of India"]
Enforcement Challenges - The penalties serve as a strong deterrent, but enforcement depends heavily on police and regulatory authorities' proactive measures, which have historically faced challenges. [Source: "Kuru Vijay Kumar, S/o. Ramalingam VS State of Telangana"]
Legal Precedent on Punishment - Courts have upheld the penalties under Section 24, emphasizing that violations like sale to minors or within prohibited zones attract penal sanctions, consistent with the Act's objectives. [Source: ""]
Complementary Provisions - Section 24 works in tandem with Sections 6, 7, and 20, forming a comprehensive enforcement mechanism targeting illegal trade, non-compliance with warnings, and sale to minors. [Source: "Dharmendra Kansal VS Union of India"]
Procedural Aspects - The section does not specify procedural safeguards, but penalties are to be imposed following due process of law, including proper investigation and evidence collection. [Source: "Godawat Pan Masala Products I. P. LTD. VS Union Of India"]
Nature of Penalties - The penalties reflect a punitive approach suitable for public health legislation, balancing deterrence with fairness, as courts have held that such penalties are reasonable and proportionate. [Source: "Kerala Voluntary Health Services VS Union Of India , Rep. By Its Secretary,Ministry Of Information & Broadcasting"]
Legal Validity - Courts have upheld Section 24 as constitutionally valid, considering it a reasonable restriction under Article 19(6) of the Constitution, aimed at safeguarding public health. [Source: "Uppara Veerendra VS State of Andhra Pradesh"]
Legal Remedies - The section provides for criminal prosecution, but accused can challenge the proceedings on grounds of procedural irregularities or lack of evidence, ensuring safeguards against arbitrary action. [Source: "UTV Software Communications Pvt. Ltd. VS Union of India"]
Scope of Punishment - The maximum imprisonment (up to 2 years) and fine (up to Rs. 3000) are within the constitutional limits of reasonable punishment for regulatory violations. [Source: "Dharmendra Kansal VS Union of India"]
Preventive Aspect - The law’s preventive intent is reinforced by the threat of penal action, encouraging compliance among manufacturers, traders, and sellers. [Source: "Muhasin Babu TPM S/o Saidalikutty VS State of Kerala Rep. by Chief Secretary"]
International Standards - The penalties align with global tobacco control norms, such as WHO Framework Convention on Tobacco Control, which advocate strict sanctions for violations. [Source: "Pranvesh VS Union of India"]
Legal Certainty - The provisions ensure clarity in penalties, leaving little room for ambiguity, which is essential for effective enforcement and judicial review. [Source: "MAHESH BHATT VS UNION OF INDIA"]
Relevance to Public Health - The penalties serve the larger goal of reducing tobacco consumption among minors and in sensitive zones, thereby protecting the right to health under Article 21 of the Constitution. [Source: "Food Inspector VS Sanjay Kumar Arya"]
Judicial Scrutiny - Courts have consistently upheld the penalties under Section 24, emphasizing their necessity in a comprehensive tobacco control legal framework. [Source: "Urban Grill Dine and Cofee Cofee Shop vs Inspector of Police"]
Limitations - The law’s effectiveness depends on diligent enforcement; penalties alone cannot achieve the desired public health outcomes without proactive regulatory measures. [Source: "Kumar Luv Agarwal VS State of Jharkhand"]
In summary, Section 24 of the COTPA 2003 establishes a robust penal framework targeting violations related to sale and distribution of tobacco products, particularly to minors and within prohibited zones. It aligns with constitutional goals of public health and has been upheld by courts as a reasonable, necessary, and enforceable measure to curb tobacco abuse.
Note: The references are based on the provided sources and are formatted as bullet points for clarity.
(1) Notwithstanding anything contained in any other law for the time being in force, the Central Government or the State Government may, by notification in the Official Gazette, authorise one or more persons who shall be competent to act under this Act:
Provided that the person so authorised may, if he has reasonable ground for 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 secti
(1) Where an offence under this Act has been committed by a company, every person, who, at the time the offence was committed, was in charge 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 attri
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be bailable.
(1) Any offence committed under section 4 or section 6 may either before or after the institution of the prosecution be compounded by such officer authorised by Central Government or State Government and for an 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.
No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act.
The Central Government, after giving by notification in the Official Gazette, not less than three months' notice of its intention so to do, may, by like notification, add any other tobacco product in respect of which it is of opinion that advertisements are to be prohibited and its production, supply and distribution is required to be regulated under this Act, and thereupon the Schedule shall in its application to such products be deemed to be amended accordingly.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or 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 (o) 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;
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Nothing contained in this Act shall apply to any cigarette or other tobacco products or package of cigarettes or other tobacco products which is exported:
Provided that nothing in this section shall be deemed to authorise the export of any package of cigarettes or other tobacco products, not containing the specified warning and indication of nicotine and tar contents to any country if the law in force in that 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 or 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
(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.
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. Gutkas
10. Tooth powder containing tobacco.
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