Cigarettes and Other Tobacco Products Act – Wikipedia

Law-4

The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 or COTPA is an Act of Parliament of India enacted in 2003 to prohibit advertisement and regulation of tobacco business in India. The Act put restriction on tobacco products including cigarettes, gutka, panmasala (containing tobacco), cigar, cheroot, Beedi, Snuff, chewing tobacco, hookah, tooth powder containing tobacco.

Provisions

The Act prohibits smoking of tobacco in public places, except in special smoking zones in hotels, restaurants and airports and open spaces.[1] Places where smoking is restricted include auditoriums, movie theatres, hospitals, public transport (aircraft, buses, trains, metros, monorails, taxis,) and their related facilities (airports, bus stands/stations, railway stations), restaurants, hotels, bars, pubs, amusement centres, offices (government and private), libraries, courts, post offices, markets, shopping malls, canteens, refreshment rooms, banquet halls, discothèques, coffee houses, educational institutions and parks.Smoking is allowed on roads, inside one’s home or vehicle.[2] The meaning of open space has been extended to mean such spaces which is visited by public, and includes open auditorium, stadium, bus stand.[3]

  • Advertisement of tobacco products including cigarettes is prohibited. No person shall participate in advertisement of tobacco product, or allow a medium of publication to be used for advertisement of tobacco products. No person shall sell video-film of such advertisement, distribute leaflets, documents, or give space for erection of advertisement of tobacco products.[4] However, restricted advertisement is allowed on packages of tobacco products, entrances of places where tobacco products are sold.[4] Surrogate advertisement is prohibited as well under the Act.
  • Tobacco products cannot be sold to person below the age of 18 years, and in places within 100 metres radius from the outer boundary of an institution of education, which includes school colleges and institutions of higher learning established or recognized by an appropriate authority.[5]
  • Tobacco products must be sold, supplied or distributed in a package which shall contain an appropriate pictorial warning, its nicotine and tar contents.[6] Cigarette packets are required to carry pictorial warnings of a skull or scorpion or certain prescribed pictorial warnings along with the text SMOKING KILLS and TOBACCO CAUSES MOUTH CANCER in both Hindi and English.
  • The Act also gives power to 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 for search and seizure of premises where tobacco products are produced, stored or sold, if he suspects that the provision of the Act has been violated.[7]
  • A person who manufactures tobacco products fails to adhere to the norm related to warnings on packages on first conviction shall be punished with up to 2 years in imprisonment or with fine which can extend to Rs. 5000, in case of subsequent conviction shall be punished with up to 5 years in imprisonment or with fine which can extend to Rs. 10000.[8]
  • A fine up to Rs. 200 can be imposed for smoking in public place, selling tobacco products to minors, or selling tobacco products within a radius of 100 metres from any educational institution.[9]
  • A person who advertises tobacco products shall on first conviction shall be punished with up to 2 years in imprisonment or with fine which can extend to Rs. 1000, in case of subsequent conviction shall be punished with up to 5 years in imprisonment or with fine which can extend to Rs. 5000.[10]
  • The Act repealed The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975[11]
  • The owner/manager/in-charge of a public place must display a board containing the warning “No Smoking Area – Smoking here is an offence “ in appropriate manner at the entrance and inside the premises.[12] In place where tobacco products are sold must display appropriate messages like “Tobacco Causes Cancer” and “Sales of tobacco products to a person under the age of eighteen years is a punishable offence”.

References

  1. ^ Section 4 of Cigarettes and Other Tobacco Products Act, 2003
  2. ^ Agencies. “Smoking ban to be enforced from Oct 2: Ramadoss”. Express India. Retrieved 2012-08-13.
  3. ^ Rule 2(c) of Prohibition of Smoking in Public Places Rules, 2008
  4. ^:a b Section 5 of Cigarettes and Other Tobacco Products Act, 2003
  5. ^ Section 6 of Cigarettes and Other Tobacco Products Act, 2003 and Rule 2(c) of Prohibition on sale of Cigarettes and other Tobacco Products around Educational Institutions Rules, 2004
  6. ^ Section 7 of Cigarettes and Other Tobacco Products Act, 2003
  7. ^ Section 12 of Cigarettes and Other Tobacco Products Act, 2003
  8. ^ Section 20 of Cigarettes and Other Tobacco Products Act, 2003
  9. ^ Section 21 & 24 of Cigarettes and Other Tobacco Products Act, 2003
  10. ^ Section 23 of Cigarettes and Other Tobacco Products Act, 2003
  11. ^ Section 33 of Cigarettes and Other Tobacco Products Act, 2003
  12. ^ Rule 3 of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004
Share Share on Facebook0Share on Google+0Tweet about this on TwitterShare on LinkedIn0Share on Tumblr0Email this to someonePin on Pinterest0Print this pageShare on Reddit0Share on StumbleUpon0
 
  • Ⅴery іnteresting.

     
  • Please let me know if you’re looking for a article writer for your blog.
    You have some really great articles and I feel I would be
    a good asset. If you ever want to take some of the load off, I’d really
    like to write some content for your blog in exchange for
    a link back to mine. Please send me an email if interested.

    Regards!

     
  • Hi, i think thɑt i ѕaw you visited my weblog so i got here to go bɑck the prefer?.I’m trying
    tο find issueѕ to improve my web sitе!I suppose its ok
    to make uѕe of a few of yⲟur ideas!!

     
  • Thank you for every other wonderful article.

    The place else could anybody get that type of info in such an ideal approach of writing?
    I’ve a presentation next week, and I’m on the search for such
    info.

     
  • How would I know what to do next for my site, is offsite SEO still
    working?
    Cigarettes and Other Tobacco Products Act – Wikipedia – The latest addition to my RSS feed!

     
  • Pingback: http://www.buy-quality-backlinks.org()

  • Pingback: دانلود فیلم()