COTPA ACT, 2003
Cigarettes and Other Tobacco
Products Act
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. detailed in
the schedule to the Act. as detailed in schedule to the act.
● The act extends to whole of india.
Provisions under the tobacco control act, 2003
MAIN PROVISIONS OF THE ACT
● Prohibition of smoking in public places.
● Prohibition of advertisement, sponsorship and promotion of tobacco products.
● Prohibition of sale of tobacco products to minors.
● Prohibition of sale of tobacco products near educational institutions.
● Display of pictorial health warning on tobacco products packs.
● Regulation of tar and nicotine contents of tobacco products.
Section 3
Advertisement: Includes any visible representation by the way of notice,
circular, label, wrapper or other document and also includes any
announcement made orally or by means of producing or transmitting light,
sound, smoke or gas
Section 4
● Smoking in all "public places" is prohibited.
● Creation of smoking areas - In restaurants, hotels and airports
smoking areas are to be physically segregated in such a manner
that the air from these areas does not circulate to the
non-smoking areas.
● Display of prominent non smoking signs is mandatory at all
public places.
Notification of New Rules on Ban on Smoking in Public Places
● Rules on ban on smoking in public places notified vide G.S.R. 417(E) dated
30th May, 2008.
● These Rules cover all public places including workplaces, refreshment rooms,
banquet halls, discotheques, canteen, coffee house, pubs, clubs, Hookah
bars, bars, shopping malls and cinema halls, airport lounge, and the like.
● Impose liability on the person in charge of a Public Place to ensure that the
public place under his jurisdiction is a smoke free place.
● Boards containing the warning “No Smoking Area- Smoking Here is an
Offence” to be displayed prominently at the entrance of public places
Section 5
● Prohibition of advertisement, promotion and sponsorship of all tobacco
products
● No person shall directly or indirectly advertise cigarettes or any other tobacco
products through any medium and no person shall take part in any
advertisement that directly or indirectly promote the use or consumption of
cigarettes or any other tobacco products.
COTPA Amendment Rules, 2023
publishers are required to put in place anti-tobacco health spots in the
beginning and the middle of the content for at least 30 seconds each, a static
anti-tobacco health scroll whenever scenes depicting tobacco or its use are
displayed and an audio-visual anti-tobacco disclaimer in the beginning and the
middle of the content for at least 20 seconds each.
Section 6
No person shall sell, offer for sale, or permit sale of, cigarette or any other
tobacco product (a) to or by any person who is under twenty-one years of age,
and (b) in an area within a radius of one hundred meters of any educational
institution.”
Section 7
● All tobacco product packages to carry prominent and legible health warnings.
● These warning shall also be pictorial in nature.
● The warnings will given in the same language as given on the pack.
● All imported tobacco products should also carry the specified warnings.
● No person shall, directly or indirectly, produce, supply or distribute cigarettes
or any other tobacco products unless every package of cigarettes or any
other tobacco products produced, supplied or distributed by him is having
minimum quantity as may be prescribed.”
Section 9
Language in which the specified warning shall be expressed
.• i) English
• ii) Any Indian language or languages
• iii) Both English and one or more Indian language or language
Section 10
The manner in which illicit cigarette or any other tobacco product shall be
identified, tracked or traced, be such as may be specified in the rules made under
this Act.
Section 12
Power of entry and search • a) where any trade or commerce in cigarettes or any
other tobacco products is carried on or cigarettes or any other tobacco products are
produced, supplied or distributed; or • b) where any advertisement of the cigarettes
or any other tobacco products has been or is being made
Section 13
Enforcement agencies and mechanisms
Any police officer, not below the rank of Sub-Inspector
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
Any other Official as authorized by the Central/State Governments
Section 20
Any person who produces or manufactures cigarettes or any other tobacco
products, in contravention of section 7 shall in the case of first conviction be
punishable with imprisonment for a term which may extend to two years, or with
fine which may extend to one lakh rupees, or with both, and for the second or
subsequent conviction, with imprisonment for a term which may extend to five
years and with fine which may extend to five lakh rupees
Any person who sells or distributes cigarettes or any other tobacco products, in
contravention of section 7 shall in the case of first conviction be punishable with
imprisonment for a term, which may extend to one year, or with fine which may
extend to fifty thousand rupees, or with both, and, for the second or subsequent
conviction, with imprisonment for a term which may extend to two years and with
fine which may extend to one lakh rupees.”
Section 21
Punishment for smoking and tobacco use in certain places on conviction be
punishable with fine which may extend up to 2000 rupees
Section 22
Punishment for advertisement of cigarettes and tobacco products
1st conviction- up to 2 years imprisonment & fine up to 50,000 rupees.
2nd conviction- up to 5 years imprisonment & fine up to 1,00,000 rupee
Section 24
Punishment for sale of cigarettes or any tobacco products in certain places or to
persons below the age of 21 years
Any person who contravenes the provisions of section 6 shall be guilty of an offence
under this Act and shall be punishable with imprisonment for a term, which may
extend to seven years and with fine which may extend to one lakh rupees.
Smoke free places
Chandigarh became the first smoke-free Indian city in July 2007 and showed
compliance with COTPA
Ujjwala and Himachal Grihini Suvidha scheme of Centre and State government
prove boon for the people of the state and making Himachal Pradesh the first state
in the country to become a smoke-free state
Action to be taken at state level
Notify authorized officers for the effective implementation of the various provisions
of the Act in the State/UT Establish dedicated State Tobacco Control Cells.
Give wider publicity in print and electronic media for the provisions of the Act.
Setting up of Steering/Monitoring Committee at State/District level.
Currently, District Tobacco Control Cells are established in 10 Districts -
Kancheepuram, Villupuram, Madurai, Coimbatore, Tiruchirapalli, Cuddalore,
Nagapattinam, Tiruppur and Tirunelveli
Establish a mechanism /system for reporting violations at state level e.g.
Quitline/Helpline
Action to be taken at state level
Display Act and Rules on the official web-site. Develop effective mechanisms for
enforcement and monitoring of the provisions of the Act by:
reporting violations of any provisions of the Act by general public/civil society and
taking immediate action on such reporting;
conducting regular raids in public places to prevent smoking in public places;
ensuring that the “No sale to minors” , “No smoking in public places” and “No sale
around educational institutions” boards are duly installed;
ensuring removal/confiscation of hoardings and other material which amount to
advertisement of tobacco products etc - 1800 112 356
