The Tobacco Control Legislation comes into force w.e.f. 1st May, 2004

It is brought to the notice of the general public that certain provisions of "The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003" are being brought into force w.e.f. 1st May, 2004. The law is applicable to the whole of India. Following provisions will take effect from the said date:

1. Prohibition of smoking in a public place

• Smoking is strictly prohibited in a public place. ("Public place" means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, health institutions, 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. Smoking is, however, also prohibited at such open spaces visited by the public like open auditorium, stadium, railway stations, bus stops and such other places.)
• Any person found smoking in a public place would be liable to be fined upto an amount of Rs.200.
• Owner/manager of a public place shall display a board prominently at least one at the entrance and one at a conspicuous place inside in an Indian language as applicable containing the warning "No Smoking Area - Smoking Here is an Offence" in the size as contained in the rules under the Act.
• Smoking areas should be provided by owner/manager of a hotel having 30 rooms or a restaurant having a seating capacity of 30 persons or more and in the airports. The smoking and non-smoking areas should be physically segregated and each area should contain boards indicating thereon "Smoking Area/Non-Smoking Area".

    2. Prohibition of advertisement of cigarette and other tobacco products

• Direct and indirect advertisement of cigarette and other tobacco products in print, electronic and outdoor media is strictly prohibited. Sponsorship and promotion of cigarette and other tobacco products is also banned.
  (Tobacco products include cigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco and hookah tobacco, chewing tobacco, snuff, pan masala or any chewing material having tobacco as one of its ingredients (by whatever name called), Gutka, and tooth powder containing tobacco.)
• Persons involved in advertisement of cigarette and other tobacco products will be punishable with imprisonment upto 2 years or/and with fine upto Rs.1000. In the case of second or subsequent conviction, imprisonment will be for a term of 5 years and with fine upto Rs.5000.

1. Prohibition of sale of cigarette & other tobacco products to a person below the age of 18 years

• Sale of cigarette and other tobacco products to any person below the age of eighteen years is not allowed.
• Owner/Manager of a place where tobacco products are sold shall display a board at a conspicuous place in an Indian language as applicable containing the warning "Sale of cigarette and other tobacco products to any person under the age of eighteen years is a punishable offence" in the size as contained in the rules under the Act.
• Any person violating the above provision would be liable to be fined upto an amount of Rs.200.