THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 (COTPA) NO. 34 OF 2003 [18 MAY, 2003]
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.
PROHIBITION OF ADVERTISEMENT OF CIGARETTES AND OTHER TOBACCO PRODUCTS
- 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 to use or consumption of cigarettes or any other tobacco products.
- No person, for any direct or indirect pecuniary benefit, shall-
- Display, cause to display, or permit or authorize to display any advertisement of cigarettes or any other tobacco product; or
- Sell or cause to sell, or permit or authorize to sell a film or video tape containing advertisement of cigarettes or any other tobacco product; or
- Distribute, cause to distribute, or permit or authorize 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
- 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-
- An advertisement of cigarettes or any other tobacco product in or on a package containing cigarettes or any other tobacco product;
- Advertisement of cigarettes or any other tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes any other tobacco products are offered for distribution or sale.
- No person, shall, under a contract or otherwise promote or agree to promote the use or consumption of-
- cigarettes or any other tobacco product; or
- 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.
PROHIBITION ON SALE OF CIGARETTE OR OTHER TOBACCO PRODUCTS TO PERSON BELOW THE AGE OF EIGHTEEN YEARS AND IN PARTICULAR AREA
No person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product-
- to any person who is under eighteen years of age, and
- in an area within a radius of one hundred yards of any educational institution.
PUNISHMENT FOR SMOKING IN CERTAIN PLACES
- Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.
- 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.
PUNISHMENT FOR ADVERTISEMENT OF CIGARETTES AND TOBACCO PRODUCTS
Whoever contravenes the provisions of section 5 shall, on conviction, be punishable-
- in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and
- in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.