TOBACCO CONTROL ACT, 2003

Cigarettes and Other tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

SCOPE OF THE ACT

The Act is applicable to all products containing

tobacco in any form i.e. cigarettes, cigars, cheroots, bidis, gutka, pan masala (containing tobacco) khaini, mawa, mishri, snuff etc. as detailed in the schedule to the Act. The Act extends to whole of India. The Act came into force on 1st, May, 2004. The validity of the Act has been upheld by the Supreme Court in Godawat Pan Masala 2004 (7) SCC 68.

Provisions under the Tobacco Control Act, 2003

Prohibition on smoking in public places

Section 4 of Tobacco Control Act, 2003 provides;
Smoking

in all public places is prohibited.

A 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 centers, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and like.
Display of prominent non smoking signs e.g. Smoking here is

strictly prohibited is mandatory at all public places.

In Murli Deora

V/s. Union of India 2001 8 SCC 765, Hon`ble Supreme Court has held that public smoking violates the non-smokers Fundamental Right to Life under Article 21 of the Constitution of India.

Prohibition of advertisement, promotion and sponsorship of all tobacco products.

Section 5 of Tobacco Control Act, 2003 provides;

Both direct & indirect advertisement of tobacco products prohibited in all forms of audio, visual and print media Total ban on sponsoring of any sport and cultural events by cigarette and other tobacco product companies No trade mark or brand name of cigarettes or any tobacco product to be promoted in exchange for sponsorship, gift, prize or scholarship No person, under contract or otherwise, to promote or agree to promote any tobacco product.

Prohibition on Sale to Minors

Section 6 (a) of Tobacco Control Act, 2003 provides;
Sale of tobacco products to persons under the age of 18

is prohibited.

The seller should ensure that the person who is buying

the tobacco product is not a minor.

A display board to be put up at the point of sale

declaring that sale of tobacco products to minors is prohibited.

Prohibition on sale of tobacco products near educational institutions

Section 6 (b) of Tobacco Control Act, 2003 provides;
In order to restrict access of youth for tobacco products,

the sale of the same is prohibited in an area within radius of 100 yards of any educational institution.
A display board to be put up outside the educational

institutions declaring the same.

Enforcement agencies and mechanisms

- Any police officer, not below the rank of SubInspector - Any officer of State Food or Drug Administration - Any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police. As authorized by the Central/State Governments. - Has the power to search, seize and compound offences.

Fines/Punishments for violations

A fine up to Rs.200/- for offenses relating to smoking in

public places and sale of tobacco products to minors; can be imposed by any officer as authorized by the central/state govt.
Offences relating to the direct and indirect advertising of

tobacco product is punishable with maximum of 2 years of imprisonment or/and with fine upto Rs. 1000.
In subsequent offence, imprisonment upto 5 years and

with fine upto Rs. 5000.

Challenges in implementation of the law

Number

of court cases challenging the provisions of the Tobacco Control Act/Rules

Point of sale advertisements Display of tobacco products or there use in

Films and Television Programmes

Packaging and Labelling Rules

State Government initiatives

State Governments namely Delhi, Assam, Meghalaya,

Sikkim, West Bengal, Jammu & Kashmir, Goa and Himachal Pradesh has law prohibiting smoking in public place, advertisements of cigarettes and other tobacco products and sale of tobacco products to minors and within 100 mtrs of educational institution.
Delhi Government on 26th, October 2004 has notified

officers under section 12, 13, 25 and 28 of the Tobacco Control Act, 2003 to implement the provisions of the Act.