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TO BE INTRODUCED IN THE RAJYA SABHABill No. XXIX of 2001
clauses
1.
Short title, extent and commencement. 2.
Definitions. 3.
Prohibition of smoking in a public place. 4.
Prohibition of advertisement of tobacco products. 5.
Prohibition on sale of cigarette or other tobacco
products to a person below the age of eighteen years. 6.
Restrictions on trade and commerce in, and production,
supply and distribution of cigarettes and other tobacco products. 7.
Manner in which specified warning shall be made. 8.
Language in which the specified warning shall be
expressed. 9.
Size of letters and figures. 10.
Testing laboratory for nicotine and tar contents. 11.
Power of entry and search. 12.
Power to seize. 13.
Confiscation of package. 14.
Power to give option to pay costs in lieu of
confiscation. 15.
Liability to pay penalty. 16.
Confiscation or penalty not to interfere with other
punishments. 17.
Adjudication. 18.
Giving opportunity to the owner of seized packages. 19.
Appeal. 20.
Punishment for failure to give specified warning and
nicotine and tar contents. 21.
Punishment for smoking in certain places. 22.
Punishment for advertisement of tobacco products. 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.
Prevention, detention and place of trial of offences
under sections 3 and 5. 26.
Offences by companies. 27.
Offences to be cognizable and bailable. 28.
Composition of offences. 29.
Protection of action taken in good faith. 30.
Power to add any tobacco products in the Schedule. 31.
Power of the Central Government to make rules. 32.
Power of the State Government to make rules. 33.
Act not to apply to cigarettes which are exported. 34.
Repeal and savings.
THE SCHEDULE. 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 it is
expedient to prohibit the consumption of cigarettes and other tobacco products
which are injurious to health and 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; and whereas in
pursuance of clause (1) of article 252 of the Constitution resolutions have
been passed by all the Houses of the Legislatures of the States of Goa, Punjab,
Uttar Pradesh and West Bengal to the effect that the tobacco products other
than cigarettes should be regulated in those States by Parliament by law. be it
enacted by Parliament in the Fifty-second Year of the Republic of India as
follows:— 1. CO This Act may be called the Cigarettes
and Other Tobacco Products (Prohibition Short title, extent of Advertisement and Regulation of Trade and
Commerce, Production, Supply and commencement Distribution) Act, 2001. (2) It extends— (a) in so far as it relates to cigarettes,
to the whole of India; (b) in so
far as it relates to tobacco products other than cigarettes, in the first
instance, to the whole of the States of Goa, Punjab, Uttar Pradesh and West
Bengal and to all the Union territories; and (c) it shall also extend to such other State
as may adopt this Act by resolution passed in that behalf in pursuance of
clause (1) of article 252 of the Constitution. (3) It
shall come into force— (a)
in so far as it relates to cigarettes, on such date as
the Central Government may, by notification in the Official Gazette, appoint;
and (b) in so
far as it relates to tobacco products other than cigarettes in a State or Union
territory to which it extends, or may be extended in future, 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 or
for different States or Union territories. Definitions. 2. 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 filler, 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; (b)
"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; (j)
"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-labeling, 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; (/)
"public place" means any place to which the public have access,
whether as of right or not, and includes auditorium, hospital buildings, health
institutions, 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. 3. No person shall engage in smoking in a public place where smoking is prohibited and such prohibition is displayed or conveyed through any audio or visual medium. 4. (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; or (c) distribute, cause to distribute, or permit or authorise 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 and 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 (c)
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. 5. No person shall sell, offer for sale, or
permit sale of, cigarette or any other tobacco products to any person who is
under eighteen years of age. 6. (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. (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 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 unless every package of cigarettes
produced, supplied or distributed by him indicates thereon, or on its label,
the nicotine and tar contents per cigarette: 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. 7. (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 or tobacco products shall be such as may be specified in the rules made
under this Act. (3) Every
package containing tobacco products shall be so packed as to ensure that the
specified warning appearing thereon, or on its label, is, before the package is
opened, visible to the consumer. 8. (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; Testing laboratory for nicotine and tar
contents. Power of entry and search. (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. 9. No specified warning or indication of
nicotine and tar contents in cigarettes 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. 10. For purposes of testing the nicotine and tar
contents in cigarettes the Central Government shall by notification in the
Official Gazette grant recognition to such testing laboratory as that
Government may deem necessary. 20 11.
(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 25
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 30 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. 12. (1) If any police officer, not below the
rank of a sub-inspector or any officer of
Power to seize. State Food or Drug Administration or any other officer,
holding the equivalent rank being 35
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,— (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 40 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 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. Confiscation of package. Power to give option to pay costs in lieu of
confiscation. Liability to pay penalty. Confiscation or penalty not to interfere
with other punishments. Adjudication. Giving opportunity to the owner of seized
packages. 13. 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 5 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. 14. (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— (a) cigarettes,
get the specified warning and indication of nicotine and tar contents
incorporated on each such package; (b) other
tobacco products, get the specified warning, incorporated on each such package. 15. Any person who carries on any trade or
commerce in, or who produces, supplies or distributes, cigarettes or any other
tobacco products, shall— (a) if
any package of cigarettes does not contain the specified warning and indication
of the nicotine and tar contents; and (b) if
any package of any other tobacco products does not contain the specified
warning, be liable to pay a penalty not exceeding
five times the value of the package of cigarettes or of any other tobacco
products or one thousand rupees, whichever is more, whether or not such package
of cigarettes or any other tobacco products, has been confiscated or is
available for confiscation. 16. No confiscation made, costs ordered to
be paid or penalty imposed 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. 17. Any confiscation of cigarettes or any
other tobacco products may be adjudged or costs may be ordered to be paid or penalty be imposed,— (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, or penalty has been imposed, as the case may be; (b) subject
so 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. 18. (1) No
order adjudging confiscation or directing payment of costs or imposing penalty
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 or imposition of penalty 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. (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). 19. (1)
Any person, aggrieved by any decision of the court adjudging a
confiscation, ordering the payment of costs or imposing a penalty, 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 penalty
or 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 20 heard in person or
through a representative in his defence. (3) No further
appeal shall lie against the order of the court of appeal. (1) Any person who,— (a) sells,
or distributes or supplies in the course of any trade or commerce, any package
of cigarettes or any other tobacco products, which does not contain, either on
the package or on its label, the specified warning and the nicotine and tar
contents or, the specified warning, as the case may be; (b) produces,
or supplies or distributes in the course of any trade or commerce, any package
of cigarettes or any other tobacco products which does not contain, either on
the package or on its label, the specified warning and the nicotine and tar contents
or, the specified warning, as the case may be, shall in the case of first conviction be
punishable with imprisonment for a term, which may extend to three years, or
with fine which may extend to one lakh rupees, or with both, and, for the
second or subsequent offences, with imprisonment for a term which may extend to
three years, or with fine which may extend to two lakh rupees, or with both. 21. (1) Whoever contravenes the provisions
of section 3 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 2 of 1974. Procedure, 1973. |
