Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003
Act No. 34 Of 2003
Statement of Objects and Reasons :
Section 1 :
Short title, extent and commencement :
Tobacco is universally regarded as one of the major public health hazards and is responsible directly of indirectly for an estimated eight lakh deaths annually in the country. It has also been found that treatment of tobacco related diseases and the loss of productivity caused therein cost the country almost Rs. 13,500 crores annually, which more than offsets all the benefits accruing in the form of revenue and employment generated by tobacco industry. The need for a comprehensive legislation to prohibit advertising and regulation of production, supply and distribution of cigarettes and tobacco products was recommended by the Parliamentary Committee on Subordinate Legislation (Tenth Lok Sabha) and a number of points suggested by the Committee on Subordinate Legislation have been incorporated in the Bill.
2. The proposed Bill seeks to put total ban on advertising of cigarettes and other tobacco products and to prohibit sponsorship of sports and cultural events either directly or indirectly as well as sale of tobacco products to minors. It also proposes to make rules for the purpose of prescribing the contents of the specified warnings, the languages in which they are to be displayed, as well as displaying the quantities of nicotine and tar contents of these products. For the effective implementation of the proposed legislation, provisions have been proposed for compounding minor offences and making punishments for offences by companies more stringent. The objective of the proposed enactment is to reduce the exposure of people to tobacco smoke (passive smoking) and to prevent the sale of tobacco products to minors and to protect them from becoming victims of misleading advertisements. This will result in a healthier life style and the protection of the right to life enshrined in the Constitution. The proposed legislation further seeks to implement article 47 of the Constitution which, inter alia, requires the State to endeavour to improve public health of the people.
3. The Bill seeks to achieve the aforesaid objects.
Amendment Act 38 of 2007-Statement of Objects and Reasons :
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 was enacted mainly for taking effective steps to discourage the use of tobacco and tobacco products so as to protect the public health.
2. As per sub-section (1) of section 7 of the said Act, no person shall, directly or indirectly, produce, supply or distribute cigarette 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 health warning including a pictorial depiction of skull and cross bones and such other warning as may be prescribed by the rules made by the Central Government under the Act.
3. It is felt that taking into account the religious sentiments expressed by certain sections of society against the depiction of skull and cross bones, the pictorial warning of skull and cross bones on the packets of tobacco products may be made optional rather than mandatory.
4. The Bill seeks to achieve the above objective.
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An Act 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, the Resolution passed by the 39th World Health Assembly (WHO), in its Fourteenth Plenary meeting held on the 15th May, 1986 urged the member States of WHO which have not yet done so to implement the measures to ensure that effective protection is provided to non-smokers from involuntary exposure to tobacco smoke and to protect children and young people from being addicted to the use of tobacco;
And whereas, the 43rd World Health Assembly in its Fourteenth Plenary meeting held on the 17th May, 1990, reiterated the concerns expressed in the Resolution passed in the 39th World Health Assembly and urged Member States to consider in their tobacco control strategies plans for legislation and other effective measures for protecting their citizens with special attention to risk groups such as pregnant women and children from involuntary exposure to tobacco smoke, discourage the use of tobacco and impose progressive restrictions and take concerted action to eventually eliminate all direct and indirect advertising, promotion and sponsorship concerning tobacco;
And whereas, it is considered expedient to enact a comprehensive law on tobacco in the public interest and to protect the public health;
And whereas, it is expedient to prohibit the consumption of cigarettes and other tobacco products which are injurious to health 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:
Be it enacted by Parliament in the Fifth-fourth Year of the Republic of India as follows:
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(1) This Act may be called The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
(2) It extends to the whole of India.
(3) It shall come into force on such 1[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.
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1. 1st December, 2007, sub-sections (1), (2), (3) and (4) of sec. 7, ss. 8, 9, 10 and 20, vide notification No. S.O. 1955(E), dated 16th November, 2007, see Gazette of India, Extraordinary, Part II, sec 3(ii).
