The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

(1) This Act may be called the Cigarettes and OtherTobacco 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 date1as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act.

It is hereby declared that it is expedient inthe public interest that the Union should take under its control the tobacco industry.

In this Act, unless the context otherwise requires,-- (a) advertisement includes any visible representation by way of notice, circular, label, wrapperor other document and also includes any announcement made orally or by any means of producing ortransmitting light, sound, smoke or gas; (b) cigarette includes,-- (i) any roll of tobacco wrapped in paper or in any other substance not containing tobacco, (ii) any roll of tobacco wrapped in any substance containing tobacco, which, by reason of itsappearance, the type of tobacco used in the filter, or its packaging and labelling is likely to beoffered to, or purchased by, consumers as cigarette, but does not include beedi, cheroot and cigar; (c) distribution includes distribution by way of samples, whether free or otherwise; (d) export, with its grammatical variations and cognate expressions, means taking out of Indiato a place outside India; (e) foreign language means a language which is neither an Indian language nor the Englishlanguage; (f) import, with its grammatical variations and cognate expressions, means bringing into Indiafrom a place outside India; (g) Indian language means a language specified in the Eighth Schedule to the Constitution, andincludes any dialect of such language; (h) label means any written, marked, stamped, printed or graphic matter, affixed to, orappearing upon, any package; (i) package includes a wrapper, box, carton, tin or other container; (j) prescribed means prescribed by rules made under this Act; (k) production, with its grammatical variations and cognate expressions, includes the making ofcigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco,pan masala or any chewing material having tobacco as one of its ingredients (by whatever namecalled) or snuff and shall include-- (i) packing, labelling or re-labelling, of containers; (ii) re-packing from bulk packages to retail packages; and (iii) the adoption of any other method to render the tobacco product marketable; (l) public place means any place to which the public have access, whether as of right or not, andincludes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, publicoffices, court buildings, educational institutions, libraries, public conveyances and the like which arevisited by general public but does not include any open space; (m) sale, with its grammatical variations and cognate expressions, means any transfer ofproperty in goods by one person to another, whether for cash or on credit, or by way of exchange, andwhether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure forsale; (n) 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; (o) specified warning means such warnings against the use of cigarettes or other tobaccoproducts to be printed, painted or inscribed on packages of cigarettes or other tobacco products insuch form and manner as may be prescribed by rules made under this Act; (p) tobacco products means the products specified in the Schedule. STATE AMENDMENT Maharashtra Amendment of section 3 of Act 34 of 2003.--In section 3 of the Cigarettes and Other TabaccoProducts (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply andDistribution) Act, 2003 (hereinafter referred to as the principal Act), after clause (e), the followingclause shall be inserted, namely:-- (ee) hookah bar means an establishment where people gather to smoke tobacco from a communityhookah or narghile which is provided individually; [Vide Maharashtra Act 60 of 2018, s. 2.] Gujarat Amendment of section 3 of Act 34 of 2003.--In the Cigarettes and Other Tobacco Products(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply andDistribution) Act, 2003 (hereinafter referred to as the principal Act), in section 3, after clause (e), thefollowing clause shall be inserted, namely:-- (ee) hookah bar means an establishment where people gather to smoke tobacco from a communalhookah or narghile which is provided individually;. [Vide Gujarat Act 27 of 2017, s. 2.] Rajasthan Amendment of section 3, Central Act No. 34 of 2003.-In section 3 of the Cigarettes and OtherTobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production,Supply and Distribution) Act, 2003 (Central Act No. 34 of 2003), hereinafter referred to as the principalAct, after the existing clause (e) and before the existing clause (f), the following clause shall be inserted,namely:- “(ee) “hookah bar” means an establishment where people gather to smoke tobacco from a communalhookah or narghile which is provided individually;”. [Vide Rajasthan Act 1 of 2020, s. 2.]

No person shall smoke in any public place: Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty personsor more and in the airports, a separate provision for smoking area or space may be made. STATE AMENDMENT Gujarat Insertion of new section 4A is Act 34 of 2003.In the principal Act, after section 4, the followingsection shall be inserted, namely:-- Prohibition of hookah bar.--4A.Notwithstanding anything contained in this Act, no person shall,either on his own or on behalf of any other person, open or run any hookah bar in any place including theeating house. Explanation.-- The term eating house shall have the same meaning as assigned to it by clause (5A)of section 2 of the Gujarat Police Act, 1951 (Bom. XXII of 1951).. [Vide Gujarat Act 27 of 2017, s. 3.] Maharashtra Insertion of new section 4A in Act 34 of 2003.--After section 4 of the principal Act, the followingsection shall be inserted, namely:-- Prohibition of hookab bar.--4A.Notwithstading anything contained in this Act, no person shall,either on his own or on behalf of any other person, open or run any hookah bar in any place including theeating house. Explanation.--The term eating house shall have the same meaning as assigned to it in clause (5A) ofsection 2 of the Maharashtra Police Act (XXII of 1951).. [Vide Maharashtra Act 60 of 2018, s. 3.] Rajasthan Insertion of new section 4A, Central Act No. 34 of 2003.-after the existing section 4 and before theexisting section 5 of the principal Act, the following shall be inserted, namely:- “4A. Prohibition of hookah bar.-Notwithstanding anything contained in this Act, no person shall,either on his own or on behalf of any other person, open or run any hookah bar in any place including theeating house. Explanation.-The term ‘eating house’ means any place where food or refreshment of any kind isprovided for visitors or sold for consumption therein.”. [VideRajasthan Act 1 of 2020, s. 3.]

(1) No person engagedin, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobaccoproducts shall advertise and no person having control over a medium shall cause to be advertisedcigarettes or any other tobacco products through that medium and no person shall take part in anyadvertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes orany other tobacco products. (2) No person, for any direct or indirect pecuniary benefit, shall-- (a) display, cause to display, or permit or authorise to display any advertisement of cigarettes orany other tobacco product; or (b) sell or cause to sell, or permit or authorise to sell a film or video tape containingadvertisement of cigarettes or any other tobacco product; or (c) distribute, cause to distribute, or permit or authorise to distribute to the public any leaflet,hand-bill or document which is or which contains an advertisement of cigarettes or any other tobaccoproduct; or (d) erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post orstructure or upon or in any vehicle or shall display in any manner whatsoever in any place anyadvertisement 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 containingcigarettes or any other tobacco product; (b) advertisement of cigarettes or any other tobacco product which is displayed at the entrance orinside a warehouse or a shop where cigarettes and any other tobacco products are offered fordistribution or sale. (3) No person, shall, under a contract or otherwise promote or agree to promote the use orconsumption 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 asponsorship, gift, prize or scholarship given or agreed to be given by another person.