Effective Effective Implementation of Implementation of

Tobacco Tobacco Prevention In Prevention In

India-Translating India-Translating WHO’s MPOWER WHO’s MPOWER policy to practice.policy to practice.

Dr.Srinivas Dr.Srinivas Ramaka.Ramaka.

The Cigarettes and The Cigarettes and Other Tobacco Other Tobacco

Products Products (Prohibition of (Prohibition of

Advertisement and Advertisement and Regulation of Regulation of

Trade and Trade and Commerce, Commerce, Production,Production,

Supply Supply &Distribution) &Distribution)

Act,2003.Act,2003.

The COTP Act.The COTP Act.

1.An act to prohibit the advertisement of, 1.An act to prohibit the advertisement of, and toand to

provide for the regulation of trade& provide for the regulation of trade& commerce commerce

in, and production, supply &distribution of in, and production, supply &distribution of cigarette &other tobacco products& for cigarette &other tobacco products& for

matters matters

connected therewith or incidental thereto.connected therewith or incidental thereto.

IntroductionIntroduction

This act was passed following the This act was passed following the resolution of the 39resolution of the 39thth WHO ‘s 14 th WHO ‘s 14 th plenary meet on plenary meet on

1515thth May, ,1986 urging the member states May, ,1986 urging the member states to implement the measures to ensure that to implement the measures to ensure that effective protection is provided to non-effective protection is provided to non-smokers from involuntary exposure to smokers from involuntary exposure to tobacco smoke and to protect children tobacco smoke and to protect children and young people from being addicted to and young people from being addicted to the use of tobacco.the use of tobacco.

The 43 rd World health Assembly in its 14 th The 43 rd World health Assembly in its 14 th plenary meet held on 17 th May,1990 urged plenary meet held on 17 th May,1990 urged the member states to consider in their the member states to consider in their tobacco control strategies plans for legislation tobacco control strategies plans for legislation and other effective measures for protecting and other effective measures for protecting their citizens with special attention to risk their citizens with special attention to risk groups such as pregnant women and children groups such as pregnant women and children from involuntary exposure to tobacco smoke, from involuntary exposure to tobacco smoke, discourage the use of tobacco and impose discourage the use of tobacco and impose progressive restrictions and take concerted progressive restrictions and take concerted action to eventually eliiminate all direct and action to eventually eliiminate all direct and indirect advertising, promotion and indirect advertising, promotion and sponsorship concerning tobacco .sponsorship concerning tobacco .

Enacting a comprehensive law on Enacting a comprehensive law on tobacco in the public interest and to tobacco in the public interest and to protect the public health.protect the public health.

To prohibit the consumption of To prohibit the consumption of cigarettes and other tobacco products cigarettes and other tobacco products which are injurious to health with a which are injurious to health with a view to achieve improvement of view to achieve improvement of public health in general as enjoined public health in general as enjoined by article 47 of the Constitution.by article 47 of the Constitution.

1.The Act called the Cigarettes and Other 1.The Act called the Cigarettes and Other Tobacco Products Act,2003 Tobacco Products Act,2003

Extends to the whole of India and Extends to the whole of India and Comes into force on such date as the Comes into force on such date as the

Central Central Govt. gives notification and different dates Govt. gives notification and different dates

may be appointed for different provisions may be appointed for different provisions of the Act. of the Act.

2.Declared that it is expedient in the 2.Declared that it is expedient in the public interest that the Union should take public interest that the Union should take under its control the tobacco industry.under its control the tobacco industry.

Short title, extent and Short title, extent and commencementcommencement

Section 3Section 3

Defines the various terms as per the Defines the various terms as per the Act—Act—

Advertisement, cigarette, distribution, Advertisement, cigarette, distribution, export, foreign language, import, export, foreign language, import,

Indian language, label, package, Indian language, label, package, prescribed, production.,prescribed, production.,

Public place, sale, smoking, specified Public place, sale, smoking, specified warning, tobacco products.warning, tobacco products.

Public place-Any place to Public place-Any place to which the public have which the public have

access.access. Auditorium.Auditorium. Hospital buildingsHospital buildings Railway waiting Railway waiting

rooms.rooms. Amusement centresAmusement centres Restaurents .Restaurents . Public offices.Public offices. Court buildings.Court buildings. Workplaces, shopping Workplaces, shopping

malls, cinema halls.malls, cinema halls.

Educational institutions.Educational institutions. LibrariesLibraries Public conveyances Public conveyances

&the like which are &the like which are visited by general visited by general public, but does not public, but does not include any open space.include any open space.

Refreshment rooms, Refreshment rooms, banquet halls, banquet halls, discotheques, canteen,discotheques, canteen,

coffee house, pubs, coffee house, pubs, bars,airport lounge.bars,airport lounge.

Specified warningSpecified warning

Means such warnings against the Means such warnings against the use of cigarettes or other tobacco use of cigarettes or other tobacco products to be printed, painted or products to be printed, painted or inscribed on packages of cigarettes inscribed on packages of cigarettes or other tobacco products in such or other tobacco products in such form and manner as may be form and manner as may be prescribed by rules made under this prescribed by rules made under this Act. Act.

4.No person should smoke in any public 4.No person should smoke in any public place.place.

Provided in a hotel having thirty rooms or a Provided in a hotel having thirty rooms or a restaurent with a seating capacity of 30 restaurent with a seating capacity of 30

persons or more and in the airports, a persons or more and in the airports, a separate provision for smoking area or separate provision for smoking area or space may be made.space may be made.

Whoever contravenes this shall be Whoever contravenes this shall be punishable with fine extending to 200 punishable with fine extending to 200 rupees. rupees.

5.(1)No person engaged in ,or purported to 5.(1)No person engaged in ,or purported to be engaged in the production ,supply or be engaged in the production ,supply or distribution of cigarettes or any other distribution of cigarettes or any other tobacco products shall advertise and no tobacco products shall advertise and no person having control over a medium shall person having control over a medium shall cause to be advertised cigarettes or any cause to be advertised cigarettes or any other tobacco products through that medium other tobacco products through that medium and no person shall take part in any and no person shall take part in any advertisement which directly or indirectly advertisement which directly or indirectly suggests or promotes the use or consumption suggests or promotes the use or consumption of cigarettes or any other tobacco products.of cigarettes or any other tobacco products.

(2)No person ,for any direct or indirect (2)No person ,for any direct or indirect pecuniary benefit shallpecuniary benefit shall

(a) display, cause to display,or permit or (a) display, cause to display,or permit or authorise to display any advertisement of authorise to display any advertisement of cigarettes or any other tobacco product, orcigarettes or any other tobacco product, or

(b)sell,or cause to sell,or permit or (b)sell,or cause to sell,or permit or authorise to sell a film or video tape authorise to sell a film or video tape containing advertisement of cigarettes or containing advertisement of cigarettes or any other tobacco product,orany other tobacco product,or

..

( c)distribute,cause to distribute,or permit or ( c)distribute,cause to distribute,or permit or authorise to distribute to the public any authorise to distribute to the public any leaflet,handbill or document which is or leaflet,handbill or document which is or which contains an advertisement of which contains an advertisement of cigarettes or any other tobacco product ,orcigarettes or any other tobacco product ,or

(d) erect,exhibit,fix or retain upon or over any (d) erect,exhibit,fix or retain upon or over any land,building,wall,hoarding,frame,post or land,building,wall,hoarding,frame,post or structure or upon any vehicle or shall display structure or upon any vehicle or shall display in any manner whatsoever in any place any in any manner whatsoever in any place any advertisement of cigarettes or any other advertisement of cigarettes or any other tobacco product.tobacco product.

3.No person ,shall under a contract or 3.No person ,shall under a contract or otherwise promote or agree to promote otherwise promote or agree to promote the use or consumption of—the use or consumption of—

(a)cigarette or any other tobacco (a)cigarette or any other tobacco product.product.

(b)any trademark or brand name of (b)any trademark or brand name of cigarettes or any other tobacco product cigarettes or any other tobacco product in exchange for a sponsorship,gift,prize in exchange for a sponsorship,gift,prize or scholarship given or agreed to be or scholarship given or agreed to be given by another person.given by another person.

Prohibition on sale of Prohibition on sale of cigarette or other tobacco cigarette or other tobacco

product to a person <18 yrs product to a person <18 yrs and in a particular area. and in a particular area. 6.no person shall sell, offer for 6.no person shall sell, offer for

sale ,or permit sale of, cigarette or sale ,or permit sale of, cigarette or any other tobacco product –any other tobacco product –

(a) to any person who is under 18 (a) to any person who is under 18 years of age, and years of age, and

(b) in area within a radius of 100 (b) in area within a radius of 100 yards of any educational institution.yards of any educational institution.

Restriction on trade and Restriction on trade and commerce , commerce ,

production,supply and production,supply and distribution distribution 7.(1)No person shall ,directly or 7.(1)No person shall ,directly or

indirectly ,produce,supply or distribute indirectly ,produce,supply or distribute cigarettes or any other tobacco products cigarettes or any other tobacco products unless every package of cigarettes or unless every package of cigarettes or any other tobacco products any other tobacco products produced,supplied or distributed by him produced,supplied or distributed by him bears thereon,or on its label,the bears thereon,or on its label,the specified warning including a pictorial specified warning including a pictorial description of skull and crossbones and description of skull and crossbones and such warning as may be prescribed.such warning as may be prescribed.

(2 )No person shall carry on trade or (2 )No person shall carry on trade or commerce in cigarettes or any other tobacco commerce in cigarettes or any other tobacco products unless every package of cigarettes or products unless every package of cigarettes or any other tobacco products sold ,supplied or any other tobacco products sold ,supplied or distributed by him bears thereon ,or on its distributed by him bears thereon ,or on its label ,the specified warning.label ,the specified warning.

(3)No person shall import cigarettes or any (3)No person shall import cigarettes or any other tobacco products for distribution or other tobacco products for distribution or supply for a valuable consideration or for sale supply for a valuable consideration or for sale in India unless every package of cigarettes or in India unless every package of cigarettes or any other tobacco products so imported by any other tobacco products so imported by him bears thereon,or on its label, the specified him bears thereon,or on its label, the specified warning. warning.

(4) the specified warning shall appear on not (4) the specified warning shall appear on not less than one of the largest panels of the less than one of the largest panels of the package in which cigarettes or any other package in which cigarettes or any other tobacco products have been packed for tobacco products have been packed for distribution, sale or supply for a valuable distribution, sale or supply for a valuable consideration.consideration.

(5)No person shall ,directly or indirectly, (5)No person shall ,directly or indirectly, produce, supply or distribute cigarettes or produce, supply or distribute cigarettes or any other tobacco products any other tobacco products produced ,supplied or distributed by him produced ,supplied or distributed by him indicates thereon, or on its label, the nicotine indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the and tar contents on each cigarette or as the case may be on other tobacco products along case may be on other tobacco products along with the max. permissible limits therof.with the max. permissible limits therof.

8.Manner in which 8.Manner in which Specified warning shall be Specified warning shall be

made.made. Legible,prominent,conspicuous as to Legible,prominent,conspicuous as to

size and colour.,clearly presented ,in size and colour.,clearly presented ,in a colour contrasting with the a colour contrasting with the background of the package.background of the package.

Specified warning should be visible Specified warning should be visible to the consumer.to the consumer.

Language used on the package-Language used on the package- English—the specified warning shall English—the specified warning shall

be in English.be in English. Any Indian language, the specified Any Indian language, the specified

warning shall be in that language.warning shall be in that language. No package of cigarette or any other No package of cigarette or any other

tobacco products or its label shall tobacco products or its label shall contain any matter or statement contain any matter or statement which is inconsistent with, or detracts which is inconsistent with, or detracts from the specified warning.from the specified warning.

9.Language in which the 9.Language in which the specified warning shall be specified warning shall be

expressed. expressed.

10.Size of letters and figures The 10.Size of letters and figures The size and height of letters should be size and height of letters should be as prescribed.as prescribed.

11.Testing laboratory for nicotine 11.Testing laboratory for nicotine and tar contents--the Central govt. and tar contents--the Central govt. shall grant recognition to the testing shall grant recognition to the testing laboratory to test the nicotine and laboratory to test the nicotine and tar contents in cigarettes and any tar contents in cigarettes and any other tobacco products.other tobacco products.

12.Any police officer ,not below the rank 12.Any police officer ,not below the rank of a sub-inspector or any officer of State of a sub-inspector or any officer of State Food or Drug Administration or any other Food or Drug Administration or any other officer, holding the equivalent rank being officer, holding the equivalent rank being not below the rank of Sub-inspector of not below the rank of Sub-inspector of police, authorised by the Central police, authorised by the Central Government or by the State government Government or by the State government may conduct search any factory, may conduct search any factory, building, business premises concerned building, business premises concerned with sale or advertisement of tobacco.with sale or advertisement of tobacco.

Power of entry and Power of entry and searchsearch

13.Any such officer has any reason to 13.Any such officer has any reason to believe that the provisions of the Act believe that the provisions of the Act have been ,or are being contravened he have been ,or are being contravened he may seize such package or advertisement may seize such package or advertisement material in the manner prescribed.material in the manner prescribed.

This cannot be retained for a period This cannot be retained for a period exceeding 90 days from the date of exceeding 90 days from the date of seizure unless the District Judge gives seizure unless the District Judge gives approval.approval.

Power to seizePower to seize

Confiscation of package-14.Any package Confiscation of package-14.Any package of cigarettes or any other tobacco of cigarettes or any other tobacco products or any advertisement material products or any advertisement material of cigarettes or any other tobacco of cigarettes or any other tobacco products, in contravention of the products, in contravention of the provisions of the Act can be confiscated.provisions of the Act can be confiscated.

Power to give option to pay costs in lieu Power to give option to pay costs in lieu of confiscation.15.The court gives to the of confiscation.15.The court gives to the owner an option to pay the costs which owner an option to pay the costs which shall be equal to the value of the goods shall be equal to the value of the goods confiscated.confiscated.

16.Confiscation not to interfere with other 16.Confiscation not to interfere with other punishments..No confiscation made, costs ordered punishments..No confiscation made, costs ordered to be paid under this Act shall prevent the infliction to be paid under this Act shall prevent the infliction of punishment as per law.of punishment as per law.

17.Adjudication--Any confiscation of cigarettes or 17.Adjudication--Any confiscation of cigarettes or any other tobacco products may be adjudged or any other tobacco products may be adjudged or costs ordered to be paid—by the principal civil costs ordered to be paid—by the principal civil court.court.

18Giving oppurtunity to the owner of seized 18Giving oppurtunity to the owner of seized packages--No such order shall be made unless a packages--No such order shall be made unless a notice has been given in writing informing him of notice has been given in writing informing him of the grounds of confiscation.the grounds of confiscation.

19.the person aggrieved may prefer an appeal to 19.the person aggrieved may prefer an appeal to the court.the court.

20.Punishment for failure 20.Punishment for failure to give specified warning to give specified warning

and nicotine and tar and nicotine and tar contents.contents. (1)Any person who produces or manufactures (1)Any person who produces or manufactures

cigarettes without the prescribed specific cigarettes without the prescribed specific warningwarning

(a)in the case of first conviction ,with (a)in the case of first conviction ,with imprisonment for a term extending to two imprisonment for a term extending to two yrs. Or with fine extending to 5000 rupees or yrs. Or with fine extending to 5000 rupees or with both,and with both,and

In the case of second or subsequent In the case of second or subsequent conviction with imprisonment for a term conviction with imprisonment for a term extending to 5 yrs. And with fine extending to extending to 5 yrs. And with fine extending to 5000 rupees.5000 rupees.

(2)Any person who sells or distributes (2)Any person who sells or distributes cigarettes or tobacco products which do not cigarettes or tobacco products which do not contain either on the package or on their contain either on the package or on their label,the specified warning and the nicotine label,the specified warning and the nicotine and tar contents shall in the case of first and tar contents shall in the case of first conviction be punishable with imprisonment for conviction be punishable with imprisonment for a term,which may extend to one year ,or with a term,which may extend to one year ,or with fine which may extend to 1000 rupees ,or with fine which may extend to 1000 rupees ,or with both,and for the second or subsequent both,and for the second or subsequent conviction ,with imprisonment for a term which conviction ,with imprisonment for a term which may extend to 2 yrs and with fine upto 3000 may extend to 2 yrs and with fine upto 3000 rupees.rupees.

21.Punishment for smoking in certain places--21.Punishment for smoking in certain places--whoever contravenes section 4 shall be whoever contravenes section 4 shall be punishable with fine upto 200 rupees.punishable with fine upto 200 rupees.

22.Punishment for advertisement of 22.Punishment for advertisement of cigarettes and other tobacco products--cigarettes and other tobacco products--whoever contraveneswhoever contravenes

section 5 shall be punishablesection 5 shall be punishable (a) in the case of first conviction,with (a) in the case of first conviction,with

imprisonment for a term extending to 2 yrs or imprisonment for a term extending to 2 yrs or with a fine of 1000 Rs,or bothwith a fine of 1000 Rs,or both

And in the case of second or subsequent And in the case of second or subsequent conviction with imprisonment for 5 yrs. And conviction with imprisonment for 5 yrs. And fine upto 5000 Rs.fine upto 5000 Rs.

23.Forfeiture of advertisement and 23.Forfeiture of advertisement and advertisement material.In contravention advertisement material.In contravention of the Act,the advertisement and the of the Act,the advertisement and the advertisement material may be forfeited advertisement material may be forfeited to the Government and may be disposed to the Government and may be disposed of in the manner prescribed.of in the manner prescribed.

24.Punishment for sale at certain places 24.Punishment for sale at certain places and to those < 18 yrs.-- any person who and to those < 18 yrs.-- any person who contravenes the provisions of section 6 contravenes the provisions of section 6 shall be punishable with fine upto 200 Rs.shall be punishable with fine upto 200 Rs.

25.Prevention,detention and place of trial of 25.Prevention,detention and place of trial of offences under section 4 and 6--the Central or offences under section 4 and 6--the Central or state government may authorise one or more state government may authorise one or more persons to act under this Act.persons to act under this Act.

Provided that the person authorised may,if he Provided that the person authorised may,if he has reasonable ground for believing that nay has reasonable ground for believing that nay person has committed an offence under section person has committed an offence under section 4 or section 6,may detain such person unless the 4 or section 6,may detain such person unless the accused person furnishes his name and accused person furnishes his name and address,and otherwise satisfies the officer address,and otherwise satisfies the officer detaining him that he will duly answer any detaining him that he will duly answer any summons or other proceedings which may be summons or other proceedings which may be taken against him.taken against him.

26.offences by companies—the company 26.offences by companies—the company incharge is liable to be proceeded incharge is liable to be proceeded against.against.

27.offences to be bailable--.an offence 27.offences to be bailable--.an offence punishable under this Act shall be punishable under this Act shall be bailable.bailable.

28.composition of offences—for an 28.composition of offences—for an amount not exceeding 200 rs.amount not exceeding 200 rs.

29.protection of action taken in good 29.protection of action taken in good faith-no suit or legal proceeding against faith-no suit or legal proceeding against any officer under this Act.any officer under this Act.

30.Power to add any tobacco products in 30.Power to add any tobacco products in the schedule-the central govt. gives the schedule-the central govt. gives notification reg. the advertisements.notification reg. the advertisements.

31.the central govt.has the power to 31.the central govt.has the power to make rules to carry out the provisions of make rules to carry out the provisions of this Act.this Act.

32.Nothing contained in this Act shall 32.Nothing contained in this Act shall apply to any cigarette or any other apply to any cigarette or any other tobacco product which is exported.tobacco product which is exported.

33.Repeal and savings--the cigarettes act 33.Repeal and savings--the cigarettes act of 1975 is repealed.of 1975 is repealed.

Tobacco products as per Tobacco products as per scheduleschedule

1.Cigarettes.1.Cigarettes. 2.Cigars2.Cigars 3.Cheroots..3.Cheroots.. 4.Beedis4.Beedis 5.Cigarette tobacco, pipe tobacco, and hookah 5.Cigarette tobacco, pipe tobacco, and hookah

tobacco.tobacco. 6.Chewing tobacco.6.Chewing tobacco. 7.Snuff7.Snuff 8.Pan masala or any chewing material having tobacco 8.Pan masala or any chewing material having tobacco

as one of its ingredients(by whatever name called).as one of its ingredients(by whatever name called). 9.Gutka.9.Gutka. 10.Toothpowder containing tobacco.10.Toothpowder containing tobacco.

Prohibition of smoking in a Prohibition of smoking in a public placepublic place

The owner ,propreitor,manager/supervisor or The owner ,propreitor,manager/supervisor or in charge of the affairs of public place shall in charge of the affairs of public place shall ensure that no person smokes in the public ensure that no person smokes in the public place(under his jurisdiction)place(under his jurisdiction)

The board as specified shall be displayed.The board as specified shall be displayed. The owner or manager of a public place shall The owner or manager of a public place shall

display a board of a minimum size 60x30 display a board of a minimum size 60x30 cm.one at the entrance and one at cm.one at the entrance and one at conspicuous place(s) inside ,containing the conspicuous place(s) inside ,containing the warning—No Smoking Area—Smoking here is warning—No Smoking Area—Smoking here is an Offence.an Offence.

No ashtrays, matches,lighters or other things No ashtrays, matches,lighters or other things designed to facilitate smoking are provided in designed to facilitate smoking are provided in the public place.the public place.

The owner shall display the name of the The owner shall display the name of the person(s) to whom a complaint may be made person(s) to whom a complaint may be made by a person(s) who observes any person by a person(s) who observes any person violating the provision of these Rules.violating the provision of these Rules.

If the owner fails to act on report of such If the owner fails to act on report of such violation,he shall be liable to pay fine violation,he shall be liable to pay fine equivalent to the number of individual equivalent to the number of individual offences.offences.

Prohibition of smoking in a Prohibition of smoking in a public placepublic place

Board shall be of a minimum size of 60x30 cm.Board shall be of a minimum size of 60x30 cm. It contains a circle of no less than 15 cm. outer It contains a circle of no less than 15 cm. outer

diameter with a red perimeter of no less than 3 diameter with a red perimeter of no less than 3 cm. wide with a picture ,in the centre, of a cm. wide with a picture ,in the centre, of a cigarette or beedi with black smoke and cigarette or beedi with black smoke and crossed by a red band. crossed by a red band.

The width of the red band across the cigarette The width of the red band across the cigarette shall equal the width of the red perimeter.shall equal the width of the red perimeter.

The board shall contain the warning “No The board shall contain the warning “No Smoking Area-Smoking Here is an Offence” in Smoking Area-Smoking Here is an Offence” in English or one Indian language.English or one Indian language.

Hotels,Restaurents and Hotels,Restaurents and Airports.Airports.

The owner or manager or in charge of the The owner or manager or in charge of the affairs of a hotel having thirty rooms or affairs of a hotel having thirty rooms or restaurent having seating capacity of 30 restaurent having seating capacity of 30 persons or more and the manager of the persons or more and the manager of the airport shall ensure that—airport shall ensure that—

The smoking and nonsmoking areas are The smoking and nonsmoking areas are physically segregated.physically segregated.

The smoking area is located such that the The smoking area is located such that the public is not required to pass through it in public is not required to pass through it in order to reach the non-smoking area.order to reach the non-smoking area.

Each area shall contain boards indicating Each area shall contain boards indicating thereon”Smoking Area/Nonsmoking Area”. thereon”Smoking Area/Nonsmoking Area”.

Smoking area or spaceSmoking area or space Smoking area shall not be established at the Smoking area shall not be established at the

entrance or exit of the hotel and shall be entrance or exit of the hotel and shall be distinctively marked as “Smoking Area” in English distinctively marked as “Smoking Area” in English and one Indian language.and one Indian language.

A smoking area shall be used only for smoking A smoking area shall be used only for smoking purpose and no other services shall be allowed.purpose and no other services shall be allowed.

Rooms marked as “Smoking rooms”in English and Rooms marked as “Smoking rooms”in English and one Indian language.one Indian language.

Should form a separate section in the same floor or Should form a separate section in the same floor or wing.wing.

The smoke from such room shall be ventilated The smoke from such room shall be ventilated outside and does not infiltrate /permeate into the outside and does not infiltrate /permeate into the non-smoking areas of the hotel. Including lobbies non-smoking areas of the hotel. Including lobbies and corridors.and corridors.

Exhausted directly to the outside and Exhausted directly to the outside and not mixed back into the supply air for not mixed back into the supply air for other parts of the building.and other parts of the building.and

It is fitted with a non-circulating It is fitted with a non-circulating exhaust ventilation system or an air exhaust ventilation system or an air cleaning system,or by a combination of cleaning system,or by a combination of the two ,to ensure that the air the two ,to ensure that the air discharges only in a manner that does discharges only in a manner that does not re-circulate or transfer it from a not re-circulate or transfer it from a smoking area or space to non-smoking smoking area or space to non-smoking areas.areas.

Smoking area or spaceSmoking area or space

Is physically separated and surrounded Is physically separated and surrounded by full height walls on all four sides.by full height walls on all four sides.

Has an entrance with an automatically Has an entrance with an automatically closing door normally kept in closing closing door normally kept in closing position.position.

Has an airflow system.Has an airflow system. Has negative air pressure in Has negative air pressure in

comparison with the remainder of the comparison with the remainder of the building.building.

Prohibition of Prohibition of advertisement of cigarette advertisement of cigarette

and other tobacco products.and other tobacco products. The size of the board used for advertisement for The size of the board used for advertisement for

cigarettes or other tobacco products shall not exceed cigarettes or other tobacco products shall not exceed 60x 45 cm.and no.shall not exceed two.60x 45 cm.and no.shall not exceed two.

Each board shall have one of the following warnings Each board shall have one of the following warnings on the top edge of the board, measuring 20 cmx 15 on the top edge of the board, measuring 20 cmx 15 cm.namely—cm.namely—

Tobacco Causes Cancer, orTobacco Causes Cancer, or Tobacco Kills. Tobacco Kills. Must be prominent,legible and in black colour with a Must be prominent,legible and in black colour with a

white background.white background. The board shall only list the type of tobacco The board shall only list the type of tobacco

product,without the brand name or any other product,without the brand name or any other promotional picture.board should not be backlit or promotional picture.board should not be backlit or illuminated in any manner.illuminated in any manner.

The owner of the shop shall not The owner of the shop shall not display tobacco products in away display tobacco products in away that they are visible so as to prevent that they are visible so as to prevent easy access to persons below 18 yrs.easy access to persons below 18 yrs.

No individual or a person or a character No individual or a person or a character in cinema and television programs shall in cinema and television programs shall display tobacco products or their use.display tobacco products or their use.

The owner or manager of the cinema The owner or manager of the cinema hall or theatre where the film is being hall or theatre where the film is being screened shall ensure that anti-tobacco screened shall ensure that anti-tobacco health spots of minimum 30 secs. health spots of minimum 30 secs. duration in e screened at the duration in e screened at the beginning,middle and end of the said beginning,middle and end of the said film.in the same language as the film.film.in the same language as the film.

In case of old television programs,it In case of old television programs,it shall be mandatory for the broadcaster shall be mandatory for the broadcaster to ensure either placement of an anti-to ensure either placement of an anti-tobacco health warning as a prominent tobacco health warning as a prominent scroll at the bottom of the television scroll at the bottom of the television screen during the period of such display screen during the period of such display or airing of anti-tobacco health spots for or airing of anti-tobacco health spots for a period of minimum 30 seconds during a period of minimum 30 seconds during the telecast of each television program the telecast of each television program of 30 min. duration or less.of 30 min. duration or less.

In case the television program is more In case the television program is more than 30 min. further airtime of 30 secs. than 30 min. further airtime of 30 secs. Shall be allocated for each incremental 30 Shall be allocated for each incremental 30 min. ,for telecasting anti-tobacco spots.min. ,for telecasting anti-tobacco spots.

The minimum duration of each anti-The minimum duration of each anti-tobacco spot shall be not less than 15 secs.tobacco spot shall be not less than 15 secs.

The anti-tobacco health warning scroll The anti-tobacco health warning scroll shall be legible and readable with font in shall be legible and readable with font in black colour on white background with the black colour on white background with the warnings”smoking causes cancerywarnings”smoking causes cancery

Prohibition of sale to Prohibition of sale to minors.minors.

6.no person shall sell, offer for sale, or 6.no person shall sell, offer for sale, or permit sale of , cigarette or any other permit sale of , cigarette or any other tobacco product-tobacco product-

(a) to any person who is under 18 yrs. of (a) to any person who is under 18 yrs. of age, andage, and

(b)in an area within a radius of 100 yards (b)in an area within a radius of 100 yards of any educational institution.of any educational institution.

Any person who contravenes this shall be Any person who contravenes this shall be punishable with fine extending to 200 punishable with fine extending to 200 rupees.rupees.

Prohibition of sale of Prohibition of sale of cigarette and other tobacco cigarette and other tobacco

products around products around educational institutions educational institutions 1.Display of Board---the owner or manager or 1.Display of Board---the owner or manager or

any person in-charge of affairs of the any person in-charge of affairs of the educational institution shall display and exhibit educational institution shall display and exhibit a board at conspicuous places outside the a board at conspicuous places outside the premises prominently stating that the sale of premises prominently stating that the sale of cigarttes and other tobacco products in an cigarttes and other tobacco products in an area witin a radius of 100 yards of the area witin a radius of 100 yards of the educational institution is strictly prohibited. educational institution is strictly prohibited. And that it is afine punishable with he fine And that it is afine punishable with he fine which may extend to Rs.200.which may extend to Rs.200.

Distance of 100 yards shall be measured Distance of 100 yards shall be measured radially starting from the outer boundary radially starting from the outer boundary wall ,fence of the educational institution.wall ,fence of the educational institution.

Prohibition of sale to Prohibition of sale to minors.minors.

The owner or the manager shall The owner or the manager shall display a board of min. 60x30 cm.at display a board of min. 60x30 cm.at conspicuous places containing the conspicuous places containing the warning”Sale of tobacco products to a warning”Sale of tobacco products to a person under the age of 18 yrs. is a person under the age of 18 yrs. is a punishable offence”.punishable offence”.

The onus of proof that the buyer of the The onus of proof that the buyer of the toabcco product is not a minor lies toabcco product is not a minor lies with the seller of the tobacco products.with the seller of the tobacco products.

Packaging and Labelling Packaging and Labelling RulesRules

Manner of packing and labelling—Every person Manner of packing and labelling—Every person engaged directly or indirectly in the engaged directly or indirectly in the production,supply,import or distribution of production,supply,import or distribution of cigarette or any other tobacco product shall cigarette or any other tobacco product shall ensure thatensure that

(a)every package of cigarette or other tobacco (a)every package of cigarette or other tobacco product shall have the specified health warning product shall have the specified health warning as specified.as specified.

(b)the specified health warnings occupy at least (b)the specified health warnings occupy at least 40 % of the principal display area of the pack 40 % of the principal display area of the pack and shall be positioned parallel to the top edge and shall be positioned parallel to the top edge of the package and in the same direction as the of the package and in the same direction as the information on the principal display area.information on the principal display area.

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(c ) none of the elements of the specified (c ) none of the elements of the specified warning are severed,covered or hidden in warning are severed,covered or hidden in any manner when the package is sealed any manner when the package is sealed or opened.or opened.

(d)no messages that directly or indirectly (d)no messages that directly or indirectly promote a pecific tobacco brand or promote a pecific tobacco brand or tobacco usage in general are inscribed on tobacco usage in general are inscribed on the tobacco product package.the tobacco product package.

(e)no product shall be sold unless the (e)no product shall be sold unless the package contains the specified health package contains the specified health warning.warning.

(f)the specified warnings shall be inscribed in the (f)the specified warnings shall be inscribed in the language used on the pack-provided that not language used on the pack-provided that not more than 2 languages are used,so as to ensure more than 2 languages are used,so as to ensure that the specified warning. Is legible and that the specified warning. Is legible and prominent.prominent.

(g)no tobacco product package or label shall (g)no tobacco product package or label shall contain any information that is contain any information that is false,misleading,or deceptive,or that is likely or false,misleading,or deceptive,or that is likely or intended to create an erroneous impression intended to create an erroneous impression about the characteristics,health effects or health about the characteristics,health effects or health or other hazards of the tobacco product or its or other hazards of the tobacco product or its emissions. emissions.

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Prohibition on Prohibition on obscuring,masking,altering,or detracting obscuring,masking,altering,or detracting from the specified health Warnings—No from the specified health Warnings—No person shall sell or supply any person shall sell or supply any product ,device or other thing that is product ,device or other thing that is intended to be used,or that can be intended to be used,or that can be used,to cover,obscure,mask,alter,or used,to cover,obscure,mask,alter,or otherwise detract from the display of otherwise detract from the display of specified health warning on the tobacco specified health warning on the tobacco product package.product package.

Rotation of specified health Rotation of specified health warnings.warnings.

The specified health warnings on The specified health warnings on tobacco packsshall be rotated every tobacco packsshall be rotated every 12 months from the date of 12 months from the date of notification of the rules or earlier as notification of the rules or earlier as specified by the Central specified by the Central Government.Government.

Specified warningSpecified warning 7.No person shall directly or 7.No person shall directly or

indirectly ,produce,supply or distribute indirectly ,produce,supply or distribute cigarettes or any other tobacco products cigarettes or any other tobacco products unless every package of cigarettes or any unless every package of cigarettes or any other tobacco products produced,supplied other tobacco products produced,supplied or distributed by him,bears thereon,or on or distributed by him,bears thereon,or on its label,the specified warning including a its label,the specified warning including a pictorial depiction of such warning.pictorial depiction of such warning.

Nicotine and tar contents and the Nicotine and tar contents and the maximum permissible limits to be maximum permissible limits to be indicated. indicated.

Components of specified Components of specified health warninghealth warning

(1)Health Warning-Smoking Kills—on (1)Health Warning-Smoking Kills—on smoking forms of tobacco productssmoking forms of tobacco products

Tobacco Kills—on smokeless /chewing and Tobacco Kills—on smokeless /chewing and other forms of tobacco products shall other forms of tobacco products shall appear in white font colour on a red appear in white font colour on a red background consisting of 1005 nagenta background consisting of 1005 nagenta +100% yellow.+100% yellow.

(20Pictorial representation of the ill-effects (20Pictorial representation of the ill-effects of tobacco use shall be placed below the of tobacco use shall be placed below the health warning.health warning.

(3)Health message--Every specified health (3)Health message--Every specified health warning shall include the health message warning shall include the health message in black font on a white background.in black font on a white background.

Size of the specified health warning—(1)the Size of the specified health warning—(1)the size of the health warning on each panel of size of the health warning on each panel of the tobacco pack shall ensure that the the tobacco pack shall ensure that the warning is legible and prominent.warning is legible and prominent.

(2)The size of all components of the (2)The size of all components of the specified health warning shall be increased specified health warning shall be increased proportionally according to increase of the proportionally according to increase of the package size to ensure that the specified package size to ensure that the specified health warning occupies 40 5 of the health warning occupies 40 5 of the principal display area of the pack. principal display area of the pack.

4.Language-Each health warning 4.Language-Each health warning and health message has been and health message has been specified in English and regional specified in English and regional languages.languages.

5.Printing-while printing,it must be 5.Printing-while printing,it must be ensured that the colour,intensity and ensured that the colour,intensity and clarity of all the components of the clarity of all the components of the specified health warning are not specified health warning are not tampered with.tampered with.

Specified health Specified health warningswarnings

1.For smoking forms of tobacco 1.For smoking forms of tobacco packs—packs—

smoking causes cancersmoking causes cancer .For chewing /smokeless forms of .For chewing /smokeless forms of

tobacco packages:-tobacco packages:- Tobacco causes cancerTobacco causes cancer

Minimum size of the specified health Minimum size of the specified health warning on each panel of the warning on each panel of the tobacco pack shall be 3.5 cmx 4 cm.tobacco pack shall be 3.5 cmx 4 cm.

The specified health warning The specified health warning occupies 40 % of the principal occupies 40 % of the principal display area of the pack.display area of the pack.

Any person who sells or distributes Any person who sells or distributes cigarettes or tobacco products which do cigarettes or tobacco products which do not contain either on the package or on not contain either on the package or on their label,the specified warning and the their label,the specified warning and the nicotine and tar contents shall in the nicotine and tar contents shall in the case of first conviction be punishable case of first conviction be punishable with imprisonment for a term extending with imprisonment for a term extending to 1 yr,or fine of Rs.1000. or both and to 1 yr,or fine of Rs.1000. or both and for the second or subsequent conviction for the second or subsequent conviction with imprisonment for a term upto 2 yrs, with imprisonment for a term upto 2 yrs, and with fine extending upto Rs.3000 and with fine extending upto Rs.3000

No individual or a person or a character No individual or a person or a character in cinema and television programs shall in cinema and television programs shall display tobacco products or their use.display tobacco products or their use.

The producer or distributor of the film The producer or distributor of the film should include anti-tobacco health spots should include anti-tobacco health spots of minimum 30 secs. duration in the of minimum 30 secs. duration in the master print,to be screend at the master print,to be screend at the beginning,middle and end of the said beginning,middle and end of the said film.in the same language as the film.film.in the same language as the film.

Minimum duration of 15 secs.Minimum duration of 15 secs. Brand names to be masked.Brand names to be masked.

Steering committee to take Steering committee to take action of against violation action of against violation

of section 5.of section 5. Chairman—Union Health Secretary.Chairman—Union Health Secretary. Joint secretary- .Ministry of Information and Joint secretary- .Ministry of Information and

Broadcasting.Broadcasting. Joint secretary-Ministry of Law and Justice.Joint secretary-Ministry of Law and Justice. Joint secretary—dept. of consumer affairs.Joint secretary—dept. of consumer affairs. Director general,directorate of audiovisual Director general,directorate of audiovisual

publiciy.publiciy. Director general-press information Director general-press information

bureau.,new Delhi.bureau.,new Delhi. Representative of Advertising Standards Representative of Advertising Standards

Council of India.Council of India. Representative of Press Council of India.Representative of Press Council of India. Mrs.Shobha JainPATH CANADA,Mumbai.Mrs.Shobha JainPATH CANADA,Mumbai.

Ms.Monika Arora,HRIDAY,NEW DELHI.Ms.Monika Arora,HRIDAY,NEW DELHI. SHRI.ARUL ,PASUMAI.THAYAGAM,CHENNAI.SHRI.ARUL ,PASUMAI.THAYAGAM,CHENNAI. HEMANT GOSWAMI,burning brain HEMANT GOSWAMI,burning brain

society.chandigarh.society.chandigarh. Dr.N.Chidambaram,prof. of Medicine.Rajah Dr.N.Chidambaram,prof. of Medicine.Rajah

Muthaiah medical college,Annamalai University.Muthaiah medical college,Annamalai University. Dr.P.C..Gupta,Healis Sekh Sarai Institue of Public Dr.P.C..Gupta,Healis Sekh Sarai Institue of Public

Health,navi mumbai.Health,navi mumbai. Sri.R.D.Poddar.Voluntary Health Aassociation of Sri.R.D.Poddar.Voluntary Health Aassociation of

India.India. Joint secretary public health.Joint secretary public health. Members of Parliament.Members of Parliament. ..

Persons authorised to Persons authorised to impose and collect fine impose and collect fine against the violation of against the violation of

section 4.section 4. Inspectors of Central Inspectors of Central Excise/Income-tax Excise/Income-tax customs/Sales customs/Sales Tax/Health/Transport Tax/Health/Transport and aboveand above

Station masters Station masters /Asst.Station /Asst.Station masters/station masters/station head/station incharge head/station incharge

All Gazetted officers of All Gazetted officers of State /Central State /Central Government or Government or equivalent rank and equivalent rank and above in autonomous above in autonomous organizations/PSU.organizations/PSU.

all public places under all public places under their jurisdictiontheir jurisdiction

railways and its railways and its premises. premises.

Govt. offices/premises Govt. offices/premises and offices of the and offices of the autonomous bodies autonomous bodies and corporations. and corporations.

Director/medical Director/medical superintendent/hospital superintendent/hospital administrator.administrator.

Postmaster and above Postmaster and above respective postoffice in respective postoffice in their jurisdiction.their jurisdiction.

Head of the Head of the Institution/HR Institution/HR manager/Head of manager/Head of Administration .Administration .

College/school/College/school/Headmaster Headmaster /Principal/Teacher/Principal/Teacher

Govt. and private Govt. and private hospitalhospital

respective postoffice in respective postoffice in their jurisdictiontheir jurisdiction

Private Private offices/workplaces.offices/workplaces.

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respective educational respective educational institutions.institutions.

Librarian/Asst Librarian/Asst .librarian/Library .librarian/Library incharge /other incharge /other administrative staff in administrative staff in library.—library.—

Airport manager/officers of Airport manager/officers of airport autority of India and airport autority of India and officers of all scheduled officers of all scheduled airlines.airlines.

Director public Director public health/director health health/director health services.services.

In charge administration in In charge administration in Central /State Govt.Central /State Govt.

Nodal officers/focal points Nodal officers/focal points of anti-tobacco cell at of anti-tobacco cell at district and state level.—all district and state level.—all public places.public places.

libraries /reading libraries /reading roomsrooms

.airports.airports

All public placesAll public places

All public placesAll public places All public placesAll public places