The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003
ACT NO. 34 OF 2003
PREAMBLE
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 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 the regulation of trade and commerce, production, supply and distribution of, cigarettes and other tobacco products for matters connected therewith or incidental thereto.
ARRENGEMENT OF SECTIONS
SECTIONS
- Short title, extent and commencement.
- Declaration as to expediency of control by the Union.
- Definitions.
- Prohibition of smoking in a public place.
- Prohibition of advertisement of cigarettes and other tobacco products.
- Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen
years and in particular area. - Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and
other tobacco products. - Manner in which specified warning shall be made.
- Language in which the specified warning shall be expressed.
- Size of letters and figures.
- Testing laboratory for nicotine and tar contents.
- Power of entry and search.
- Power to seize.
- Confiscation of package.
- Power to give option to pay costs in lieu of confiscation.
- Confiscation not to interfere with other punishments.
- Adjudication.
- Giving opportunity to the owner of seized packages.
- Appeal.
- Punishment for failure to give specified warning and nicotine and tar contents.
- Punishment for smoking in certain places.
- Punishment for the advertisement of cigarettes and tobacco products.
- Forfeiture of advertisement and advertisement material.
- Punishment for sale of cigarettes or any other tobacco products in certain places or to persons
below the age of eighteen years. - Prevention, detention and place of trial of offences under sections 4 and 6.
- Offences by companies.
- Offences to be bailable.
- Composition of offences.
- Protection of action taken in good faith.
- Power to add any tobacco products in the Schedule.
- Power of Central Government to make rules.
- Act not to apply to cigarettes of other tobacco products which are exported.
- Repeal and savings.
THE SCHEDULE
