[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:–
1. Short title, extent and commencement.–(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.
(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,–
STATE AMENDMENT
Amendment of section 3 of Act 34 of 2003.–In section 3 of the Cigarettes and Other Tabacco
Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as “the principal Act”), after clause (e), the following clause shall be inserted, namely:–
“(ee) “hookah bar” means an establishment where people gather to smoke tobacco from a community hookah or narghile which is provided individually;”
[Vide Maharashtra Act 60 of 2018, s. 2.]
Amendment of section 3 of Act 34 of 2003.–In the Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (hereinafter referred to as “the principal Act”), in section 3, after clause (e), the following clause shall be inserted, namely:–
“(ee) “hookah bar” means an establishment where people gather to smoke tobacco from a communal hookah or narghile which is provided individually;”.
[Vide Gujarat Act 27 of 2017, s. 2.]
Amendment of section 3, Central Act No. 34 of 2003.-In section 3 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (Central Act No. 34 of 2003), hereinafter referred to as the principal Act, after the existing clause (e) and before the existing clause (f), the following clause shall be inserted, namely:-
“(ee) “hookah bar” means an establishment where people gather to smoke tobacco from a communal hookah or narghile which is provided individually;”.
[Vide Rajasthan Act 1 of 2020, s. 2]
4. Prohibition of smoking in a public place.–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.
STATE AMENDMENT
Insertion of new section 4A is Act 34 of 2003.–In the principal Act, after section 4, the following section shall be inserted, namely:–
Prohibition of hookah bar.-“4A.–Notwithstanding anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house.
Explanation.– The term “eating house” shall have the same meaning as assigned to it by clause (5A) of section 2 of the Gujarat Police Act, 1951 (Bom. XXII of 1951).”.
[Vide Gujarat Act 27 of 2017, s. 3.]
Insertion of new section 4A in Act 34 of 2003.–After section 4 of the principal Act, the following section shall be inserted, namely:–
Prohibition of hookab bar.–“4A.–Notwithstading anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house.
Explanation.–The term “eating house” shall have the same meaning as assigned to it in clause (5A) of section 2 of the Maharashtra Police Act (XXII of 1951).”.
[Vide Maharashtra Act 60 of 2018, s. 3.] Rajasthan
Insertion of new section 4A, Central Act No. 34 of 2003.-after the existing section 4 and before the existing section 5 of the principal Act, the following shall be inserted, namely:-
“4A. Prohibition of hookah bar.-Notwithstanding anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house.
Explanation.-The term ‘eating house’ means any place where food or refreshment of any kind is provided for visitors or sold for consumption therein.”.
[Vide Rajasthan Act 1 of 2020, s. 3.]
5. Prohibition of advertisement of cigarettes and other tobacco products.–(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.
7. Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products.–(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 [2][such specified warning including a pictorial warning as may be prescribed.]
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.
8. Manner in which specified warning shall be made.–(1) The specified warning on a package of cigarettes or any other tobacco products shall be–
9. Language in which the specified warning shall be expressed.–(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;
(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.
(2) The provisions of the Code of Criminal Procedure, 1973(2 of 1974), shall apply to every search and seizure made under this Act.
STATE AMENDMENT
Amendment of Section 12 of Act 34 of 2003.–In the principal Act, in section 12, in sub-section
(1),–
(i) in clause (b), the words “or” shall be added at the end; (ii) after clause (b), the following clause shall be added, namely:–
“(c) where any hookas bar is being run.”.
[Vide Gujarat Act 27 of 2017, s. 4.]
Amendment of section 12 of Act 34 of 2003.–In section 12 of the principal Act, in sub-section (1),–
“(c) where any hookah bar is being run.”.
[Vide Maharashtra Act 60 of 2018, s. 4.]
12 of the principal Act,-
“(c) where any hookah bar is being run.”.
[Vide Rajasthan Act 1 of 2020, s. 4.]
13. Power to seize.–(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 reason to believe that,–
(2) No package of cigarettes or any other tobacco products or advertisement material seized under clause (a) of sub-section (1) shall be retained by the officer who seized 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.
STATE AMENDMENT
Insertion of new section 13A in Act 34 of 2003.–In the principal Act, after section 13, the following section shall be inserted, namely:–
Power to seize.–“13A If any police officer, not below the rank of a Sub-Inspector, authorized by the State Government, has reason to believe that the provisions of section 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.”. [Vide Gujarat Act 27 of 2017, s. 5.]
Insertion of new section 13A in Act 34 of 2003.–After section 13 of the principal Act, the following section shall be inserted, namely:–
Power to seize.–“13A.–If any police officer, not below the rank of Assistant Police Inspector, authorized by the State Government, has reason to believe that the provisions 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.”. [Vide Maharashtra Act 60 of 2018, s. 5.]
Insertion of new section 13A, Central Act No. 34 of 2003.-After the existing section 13 and before the existing section 14 of the principal Act, the following shall be inserted, namely:-
“13A. Power to seize.-If any police officer, not below the rank of Sub-Inspector, authorized by the State Government, has reason to believe that the provisions of section 4A have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.”.
[Vide Rajasthan Act 1 of 2020, s. 5.]
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 orany 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.
(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.
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.
(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall, as far as may be, apply to every proceeding referred to in sub-section (1).
19. Appeal.–(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.
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 representative in his defence.
20. Punishment for failure to give specified warning and nicotine and tar contents.–(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 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.
21. Punishment for smoking in certain places.–(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).
STATE AMENDMENT
Insertion of new section 21A in Act 34 of 2003. –In the principal Act, after section 21, the following section shall be inserted, namely:–
Punishment for running hookas bar.–“21A. –Whoever contravenes the provisions of section 4A shall be punishable with imprisonment which may extend to three years but which shall not be less that one year and with fine which may extend to fifty thousand rupees but which shall not be less than twenty thousand rupees.”.
[Vide Gujarat Act 27 of 2017, s. 6.]
Insertion of new section 21A in Act 34 of 2003.–After section 21 of the principal Act, the following section shall be inserted, namely:–
Punishment for running hookah bar.–“21A.–Whoever contravenes the provisions of section 4A, shall be punishable with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine which may extend to one lakh rupees but which shall not be less than fifty thousand rupees.”.
[Vide Maharashtra Act 60 of 2018, s. 6.]
Insertion of new section 21A, Central Act No. 34 of 2003.-After the existing section 21 and before the existing section 22 of the principal Act, the following shall be inserted, namely:-
“21A. Punishment for running hookah bar.-Whoever contravenes the provisions of section 4A, Shall be punishable with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine which may extend to one lakh rupees but which shall not be less than fifty thousand rupees.”.
[Vide Rajasthan Act 1 of 2020, s. 6.]
(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).
25. Prevention, detention and place of trial of offences under sections 4 and 6.–(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.
26. Offences by companies.–(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 attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordingly.
Explanation.–For the purposes of this section,–
27. Offences to be bailable.–Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be bailable.
STATE AMENDMENT
Insertion of new section 27A in Act 34 of 2003.–In the principal Act, after section 27, the following section shall be inserted, namely:–
Offence under section 4A to be cognizable.–“27A.–An offence under section 4A shall be cognizable.”.
[Vide Gujarat Act 27 of 2017, s. 7.]
Insertion of new section 27A in Act 34 of 2003.–After section 27 of the principal Act, the following section shall be inserted, namely:–
Offence under section 4A to be cognizable.–“27A.–An offence under section 4A shall be cognizable.”.
[Vide Maharashtra Act 60 of 2018, s. 7]
Insertion of new section 27A, Central Act No. 34 of 2003.- After the existing section 27 and before the existing section 28 of the principal Act, the following shall be inserted, namely:-
“27A. Offence under section 4A to be congnizable.- An offence under section 4A shall be cognizable.”.
[Vide Rajasthan Act 1 of 2020, s. 7.]
28. Composition of offences.–(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.
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 that the actual export has not taken place.
(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 3(p)]
10. Tooth powder containing tobacco.