C OTPA
CIGARETTES
&
OTHER TOBACCO
PRODUCTS ACT
ABOUT COTPA
COTPA, 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.
SHORT TITLE
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution)
Act, 2003.
EXTENT
It extends to the whole of India.
COMMENCEMENT
It shall come into force on such 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.
REGULATION OF ACT
“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 the
like which are visited by general public but does not include any open
space;
“Sale", means any transfer of property in goods by one person to another,
whether for cash or on credit, or by way of exchange, and whether
wholesale or retail, and includes an agreement for sale, and offer for sale
and exposure for sale;
“Smoking", means smoking of tobacco in any form whether in the form of
cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any
other instruments;
“Specified Warning" means such warnings against the use of cigarettes or
other tobacco products to be printed, painted or inscribed on packages of
cigarettes or other tobacco products in such form and manner as may be
prescribed by rules made under this Act;
“Tobacco Products" means the products specified in the Schedule.
Prohibition of Smoking in a Public Place
No person shall smoke in
any public place: Provided
that in a hotel having thirty
rooms or a restaurant
having seating capacity of
thirty persons or more and
in the airports, a separate
provision for smoking area
or space may be made.
Prohibition of Advertisement of Cigarettes and Other Tobacco
Products
1) No person engaged in, or purported to be engaged in the
production, supply or distribution of cigarettes or any other
tobacco products shall advertise and no person having
control over a medium shall cause to be advertised
cigarettes or any other tobacco products through that
medium and no person shall take part in any advertisement
which directly or indirectly suggests or promotes the use or
consumption of cigarettes or any other tobacco products.
2) No person, for any direct or indirect pecuniary benefit, shall-
a) display, cause to display, or permit or authorize to display
any advertisement of cigarettes or any other tobacco
product; or
(b) sell or cause to sell, or permit or authorize to sell a film
or video tape containing advertisement of cigarettes or any
other tobacco product; or
(c) distribute, cause to distribute, or permit or authorize to
distribute to the public any leaflet, hand-bill or document
which is or which contains an advertisement of cigarettes or
any other tobacco product.
(d) Erect, exhibit, fix or retain upon or over any land, building, wall,
hoarding, frame, post or structure or upon or in any vehicle or shall display
in any manner whatsoever in any place any advertisement of cigarettes or
any other tobacco product
Provided that this sub-section shall not apply in relation to-
(a) an advertisement of cigarettes or any other tobacco product
in or on a package containing cigarettes or any other tobacco product;
(b) advertisement of cigarettes or any other tobacco product
which is displayed at the entrance or inside a warehouse or a shop where
cigarettes and any other tobacco products are offered for distribution or
sale.
3) No person, shall, under a contract or otherwise promote or agree to
promote the use or consumption of-
(a) cigarettes or any other tobacco product; or
(b) any trade mark or brand name of cigarettes or any other tobacco
product in exchange for a sponsorship, gift, prize or scholarship given or
agreed to be given by another person.
Prohibition on sale of cigarette or other tobacco products to a
person below the age of eighteen years and in particular area.
COTPA – LAWS IN INDIA
No person shall sell, offer for sale,
or permit sale of, cigarette or any “ SALE OF
other tobacco product-
TOBACCO PRODUCTS
a. To any person who is under
TO A PERSON
eighteen years of age, and
UNDER THE AGE
b. In an area within a radius of one
hundred yards of any educational OF EIGHTEEN YEARS
institution. IS A PUNISHABLE
c. Onus on seller to check age OFFENSE”
Fine up to Rs.200
a. Mandatory Government GOVT Mandatory Warning
signage at POS (in Indian (60X30CM)
languages as applicable)
Manner in which specified warning shall be made
(1) The specified warning on a package of cigarettes
or any other tobacco products shall be-
(a) legible and prominent;
(b) conspicuous as to size and colour;
(c) in such style or type of lettering as to be
boldly and clearly presented in distinct contrast
to any other type, lettering or graphic material
used on the package or its label and shall be
printed, painted or inscribed on the package in a
colour which contrasts
conspicuously with the background of the
package or its labels.
(2) The manner in which a specified warning shall
be printed, painted or inscribed on a package of
cigarettes or any other tobacco products shall be
such as may be specified in the rules made
under this Act.
(3) Every package containing cigarettes or any other
tobacco products shall be so packed as to ensure
that the specified warning appearing thereon, or
on its label, is, before the package is opened,
visible to the consumer.
Language in which the specified warning shall be expressed
(1) Where the language used on a package containing cigarettes and any other
tobacco products or on its label is-
(a) English, the specified warning shall be expressed in the English language;
(b) any Indian language or languages, the specified warning shall be expressed in
such Indian language or languages;
(c) both English and one or more Indian languages, the specified warning shall be
expressed in the English language as well as in such Indian language or
languages;
(d) partly English and partly any Indian language or languages, the specified
warning shall be expressed in the English language as well as in such Indian
language or languages;
(e) any foreign language, the specified warning shall be expressed in the English
language;
(f) partly any foreign language and partly English or any Indian language or
languages, the specified warning shall be expressed in the English language as
well as in such Indian language or languages.
(2) No package of cigarettes or any other tobacco products or its label shall contain
any matter or statement which is inconsistent with, or detracts from, the
specified warning. Size of letters and figures.
THINGS NOT TO DO
THANKS
