NATIONAL SENSITIZATION

WORKSHOP FOR LAW

ENFORCEMENT OFFICIALS
FOR EFFECTIVE
IMPLEMENTATION OF THE
INDIAN TOBACCO CONTROL
ACT, 2003
JANUARY 21ST, 2008
 Four Key Areas Of Tobacco
Control Law:

• Prohibition of smoking in a public place – S.4

• Prohibition of advertisement of cigarettes and
other tobacco products – S. 5
• Prohibition on sale of cigarettes or other tobacco
products to and by minors – S. 6
• Specified health warning labels on all tobacco
products – S.7
 Prohibition of smoking in a public
place – S.4
S4: No person shall smoke in any public
place:
Provided that in a hotel having 30 rooms or
a restaurant having seating capacity of 30
persons or more and in airports, a
separate provision for smoking area or
space may be made.
Definitions:
S. 3(l): “Public Place”: means any place to
which the public have access, whether as
of right or not, and includes auditorium,
hospital buildings, railway waiting room,
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
Rules notified for ban on smoking
in public places
Cigarettes and other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and
Commerce, production, supply and distribution)
Rules, 2004 – notified on 25th Feb 2004 by the
Central Govt. in exercise of the power conferred
under S. 31 of the Act.
Rules notified for ban on smoking
in public places (Contd….)
Rule 3
- Owner or manager or person in charge of a
public place shall prominently display at least
two boards containing the warning in appropriate
Indian language
‘NO SMOKING AREA – SMOKING HERE
IS AN OFFENCE’
- Size of board – atleast 60x30 cms
- One board at the entrance and one at any
conspicuous place inside
Rules notified for ban on smoking
in public places (Contd….)
Owner/manager/person in charge of a hotel having 30 rooms or
restaurant having seating capacity of thirty persons or more
and
Manager of airport shall ensure
- Smoking and non-smoking areas are segregated
- Smoking area should be so located that the public is not
required to pass through it to reach non-smoking area
- Each area shall contain boards indicating thereon “Smoking
Area/Non-Smoking area”
Prohibition on sale of cigarettes or
other tobacco products to and by
minors – S. 6
No person shall (i) sell (ii) offer for sale
(iii) or permit sale of, cigarette or any
other tobacco product-
(a) To a minor (under 18) and
(b) In an area within a radius of one hundred
yards of any educational institution
Rules notified for sale of cigarettes
and other tobacco products to and
by minors
Rule 5 of rules notified on 25th Feb 2004
- Owner/manager/person incharge of place where cigs
or other tobacco products are sold shall display a
board containing the warning in applicable Indian
language “SALES OF TOBACCO PRODUCTS TO A
PERSON UNDER THE AGE OF 18 YEARS IS A
PUNISHABLE OFFENCE”

- Such board should be atleast of 60X 30 cms

Rules notified for sale of cigarettes
and other tobacco products to and
by minors (Contd…)
- Onus of proof that the buyer is not a minor lies with
the seller. The seller may request the buyer to
provide evidence of being above 18 years
- Owner/manager/person in charge of place where
cigs and other tobacco products are sold shall
ensure that no tobacco product is sold through a
vending machine in order to prevent easy access to
minors
- Owner/manager/person in charge shall ensure that
no tobacco product is handled or sold by a minor.
Rules notified for sale of cigarettes
and other tobacco products to and
by minors (Contd…)
Rule 3 of Prohibition on sale of Cigs and other Tobacco
Products around Educational Institutions Rules 2004
– notified 1st Sep 2004
- Owner/manager/any person incharge of educational
institution shall display and exhibit a board at a
conspicuous place outside the premises prominently
stating that sale of cigs and other tobacco products in
a area within a radius of one hundred yards of the
educational institution is strictly prohibited and that it
is an offence punishable with a fine which may extend
to Rs. 200
Punishment for smoking in public
places – S. 21 and for sale of
cigarettes or other tobacco
products to and by minors – S. 24
S.21 & S.24:
(1) Whoever contravenes the provisions of S. 4 and S. 6
shall be punished with fine which may extend to Rs. 200

(2)Such offence shall be compoundable and shall be tried

summarily in accordance with the procedure provided for
summary trials in the CrPC.
Definitions:
Compoundable Offence: In certain offences, the parties involved can
effect a compromise while the case is under trial in the court. This
is called 'compounding', when further action in trial is discontinued.

Non-compoundable offence: The case cannot be compromised and

withdrawn

Summary Trial: CrPC lays down two different procedures for trial:
1. Trial under warrants cases: A case of an offence punishable with
death or imprisonment for more than two years is called a warrants
case.
2. Trial under summons cases: All other cases are summons cases –
they relate to minor cases such as minor thefts, breach of peace
etc and are tried under Cr.PC by a fast track or summary process.
 Procedure for Summary Trial
(Ss.262,263,251-259 CrPC)
1. After accused is brought before Magistrate, the particulars of the offence of
which he is accused shall be stated to him, and he shall be asked whether he
pleads guilty or has any defence to make.

If the Accused pleads guilty:

2. If the accused pleads guilty, the Magistrate shall record the plea as nearly as
possible in the words used by the accused and may in his discretion, convict
him thereon.

3. Where a summons has been issued for a petty offence and the accused
desires to plead guilty to the charge without appearing before the Magistrate,
he shall transmit to the Magistrate, by post or by messenger, a letter containing
his plea and also the amount of fine specified in the summons. Magistrate may
in his discretion convict the accused in his absence on his plea of guilty and
sentence him to pay the fine specified in the summons and the amount
transmitted by the accused shall be adjusted towards such fine.
 Procedure for Summary Trial
Contd…
Procedure when not convicted:
4. If the Magistrate does not convict the accused as above, the Magistrate
shall proceed to hear the prosecution and take all such evidence as may
be produced in support of the prosecution, and also to hear the accused
and take all such evidence as he produces in his defense.
5. Magistrate may on application of prosecution/accused issue summons
to any witness directing him to attend or to produce any document or
other thing.
6. If the Magistrate after taking such evidence finds the accused not guilty,
he shall record an order of acquittal.
7. If he finds the accused guilty he shall pass sentence upon him
according to law.
 Who can take action against a
person violating S. 4 or S. 6?
S. 25 (1): Central Govt. or State Govt. may
by notification appoint one or more
persons as public servants who would be
responsible for taking action against
persons violating S. 4 or S. 6.
(5): Every person so notified shall be
deemed to be a public servant.
Procedure for prevention, detention
and place of trial for offences under
S. 4 and S. 6
S.25: If the authorized person has reasonable grounds to believe that
an offence has been committed under S. 4,
1. he may take the name and address of such person to be tried
summarily.

2. he may detain such person if such person is not willing to furnish

his name and address or if he is not satisfied that such person will
duly answer any summons or other proceedings which may be
taken against him.

3. any person so detained shall be taken before forthwith before

Magistrate to be dealt with according to law.
 Procedure for prevention, detention and
place of trial for S. 4 and 6
Contd…
4. Person accused of an offence u/S 4 shall be
triable
- in the place where he may be or
- in the place which the State Govt may
notify in this behalf or
- in any other place in which he is liable to
be tried under any law for the time being in
force
 Compounding of offences under
S. 4 and S. 6
S. 28: Any offence committed under S. 4 and 6 may
either before or after the institution of the prosecution
be compounded by such authorised officer for an
amount which may not exceed Rs. 200

Where an offence has been compounded the offender

if in custody, shall be discharged and no further
proceedings shall be taken against him in respect of
such offence.
Prohibition of advertisement of
cigarettes and other tobacco products –
S. 5
S. 5(1) prohibits certain persons from directly or indirectly
(surrogate advertising) advertising or causing advertising
of cigs and other tobacco products --
• Person engaged in production, supply or distribution of
cigarettes or any other tobacco products (manufacturers,
shopkeepers etc)
• Person purported to be engaged in production, supply or
distribution of cigarettes or any other tobacco products
• Person having control over a medium (eg news papers,
visual media etc)
• Person taking part in advertisements (eg models etc)
Prohibition of advertisement of
cigarettes and other tobacco products –
S. 5 (Contd….)
S.5(2) specifically prohibits certain direct/indirect advertising of cigs and
other tobacco products –
1. Display of adv (eg person owning space where hoarding can be set
up etc)
2. Selling a film or video tape containing advertisement of cigs etc (eg
swadesh)
3. Distribution of leaflet, handbill or document contaning adv of cigs etc
4. Advertisement by erecting, fixing or retaining, exhibiting, any
hoarding or frame post or structure
5. Advertisement by display in vehicles
Prohibition of advertisement of
cigarettes and other tobacco products –
S. 5 (Contd….)
S.5(3) No person shall agree to promote use
or consumption of cigarettes etc
No person shall agree to promote a trade
mark or brand name of cigs etc in
exchange for sponsorship, gift, prize or
scholarship (wills sponsoring a sporting
event – or organizers may accept
sponsorship but are prohibited from
promoting wills (surrogate advertising))
 Rules notified for ban on advertisement,
sponsorship and promotion of tobacco
products (Contd…)
- The health warning should be prominent, legible
and in black colour with white background
- The board shall list only the type of tobacco
product available and no brand shot or brand
name or promotional message or picture. Display
board should not be backlit or illuminated
- In rules notified on 30th Nov 2005 it was stated
that if a television programme has a smoking
scene then at the beginning, middle and end of
the programme/movie there should be a specified
health warning and health message.
Punishment for contravention of S.
5
S.22: In case of first conviction-
- Imprisonment for a term upto 2 years or with fine
which may extend to 1000/- or with both

In case of second conviction –

- Imprisonment for a term upto 5 years and with
fine which may extend to 5000/-

S.23: After conviction, the advertisement material

may be forfeited to the Govt.
Rules notified for ban on advertisement,
sponsorship and promotion of tobacco
products
• Rules notified on 25th Feb 2004,
• Amended Rules notified on 31 May 2005
• Rules notified on 30 Nov 2005
- Size of board used for adv of cigs etc at entrance of
warehouse or shop where these products are sold
shall not exceed 60 cms X 45 cms
- Such board shall contain in an indian language on
top edge of board in a prominent manner measuring
20 X 15 cms
- - Tobacco causes cancer
- - Tobacco kills
Specified health warning labels on all
tobacco products – S.7, 8, 9
S.7: - Every package of cigarette or other tobacco
product must bear on its label the specified earning
including a pictoral depiction of skull and cross bones
and such other warnings as may be prescribed –
restriction applies both w.r.t. manufacturer as well as
trader
- cigarettes etc shall not be imported unless the
package contains the specified health warning
- the specified warning shall appear on not less
than one of the largest panels of the package
- every package shall contain the nicotine and
tar contents alongwith the maximum permissible limits
Specified health warning labels on all
tobacco products – S.7, 8, 9 (Contd…)
S.8 Specified warning shall be
- Legible and prominent
- Conspicuous as to size and colour
- Lettering should be bold and clearly presented in distinct
contrast to the background. Must be visible to consumer before
pack is opened
S. 9 species the language in which the warning should be
Rules notified on 5th July 2006 further elaborate on specifications
of the warnings – date of implementation extended to 17th
March 2008
Punishment for contravention of S.
7
S.20: In case of first conviction of person producing or manufacturing cigarettes etc
- Imprisonment for a term upto 2 years or with fine which may extend to 5000/- or
with both

In case of second conviction –

- Imprisonment for a term upto 5 years and with fine which may extend to 10000/-

In case of first conviction of person selling or distributing cigarettes etc

- Imprisonment for a term upto 1 year or with fine which may extend to 1000/- or
with both

In case of second conviction –

- Imprisonment for a term upto 2 years and with fine which may extend to 3000/-
Enforcement Procedure for S. 5,
7,8,9
Enforcement Officers: S. 12, 13
- Any police officer not below rank of a sub inspector
- Any officer of State Food or Drug Administration
- Any other officer not below rank of SI authorised by
Central/State Govt.
Enforcement Procedure for S.
5,7,8,9 (contd…)
Enforcement mechanisms
- Enter and search factory, building, premises or any other place
which he has reason to suspect might carry some advertisement
material or where advertisement is being made (S. 12)
- Seize such advertisements and cigarette packages etc or
advertisement material that are in contravention of the Act (S. 13)
- Such items seized may be confiscated (S.14)