Background[ edit ] The Act was enacted by the Parliament to give effect to the Resolution passed by the 39th World Health Assembly , urging the member states to implement measures to provide non-smokers protection from involuntary exposure to tobacco smoke. Provisions[ edit ] The Act prohibits smoking of tobacco in public places, except in special smoking zones in hotels, restaurants and airports and open spaces. No person shall participate in advertisement of tobacco product, or allow a medium of publication to be used for advertisement of tobacco products. No person shall sell video-film of such advertisement, distribute leaflets, documents, or give space for erection of advertisement of tobacco products.
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Twitter Facebook Reddit Starting 01 September , a new warning message will be displayed on tobacco products like cigarette packets. But what about the law that governs the rules about warnings, advertisement of tobacco products? Abbreviated as COTPA, the act has provisions for restricting sale of tobacco products like banning sale near educational institutions etc.
Here is a detailed explainer of the important provisions of the act. In addition, Hotels which have more than 30 rooms or a restaurant which has a seating capacity of at least 30 and in airports, provisions for separate smoking space have to be made.
Sale of such products within yards radius of any educational institution is also an offence. Giving permission to perform the above acts is also considered an offence under this act. The penalty for the violation of the above mentioned acts can go up to Rs. The offences that fall under this category are compoundable and will be tried as per the procedure provided for summary trials in the Code of Criminal Procedure, CrPC The Central or State government by notification in the official gazette can authorise one or more persons who will be referred to as Public Servant as per IPC section 21 who are competent to act under the act.
The accused can be detained by the competent authority if there is reasonable ground to believe that an offence has been committed. The detained person will be presented before the Magistrate to be dealt with under the law. If an institution violates these sections, then it is also liable to pay a maximum penalty of Rs.
The act also prohibits media from advertising tobacco and tobacco products and also disallows people from taking part in advertisements which may directly or indirectly promote the use of tobacco.
Erection of posters or hoardings visible to public is also treated an offence. Endorsement of cigarettes or other tobacco products or promoting its use through gifts, prizes or any similar form is also prohibited. In case a person has contravened the provisions under this section, the advertisement and relevant materials may be confiscated by the government and the material will be disposed as per the act.
Unless and until the warning is indicated, no one is allowed to distribute or trade or import such cigarettes and tobacco products. The specified warning should be displayed on at least one of the largest panels of the package in which these products are packed. Every packet of cigarette and tobacco product must contain a label indicating the details of the nicotine and tar contents along with the maximum permissible limits for each cigarette or packet of the product.
The content of nicotine and tar should not exceed the permitted limit. The warning should be such that it is legible and prominent. The size and colour should be clearly visible and in contrast to the background colour, other fonts and colours used on the package.
The warning on each of the package should be such that before opening the packet, it should be clearly visible to the consumer. If any foreign language is used, the specified warning should be given in English as well.
Statements which are not consistent with the specified warning or belittles the warning should be refrained from using.
The height of each figure and letter of the warning should strictly be of the prescribed size as mentioned under rules of this act. For subsequent conviction, fine up to Rs. The provisions of the Code of Criminal Procedure of are applicable to any search or seizure made under this act. The officer can retain the seized material only for a maximum period of ninety days unless the District court under whose jurisdiction the seizure took place approves.
Confiscation of tobacco products and procedure to be followed Any cigarette or tobacco packet or its advertisement, if found to have violated the rules of this act, is liable to be confiscated.
The court is allowed to give the owner of the confiscated products the option to pay in lieu of the confiscation, a cost which should be equal to the cost of the confiscated products. A written notice has to be given to the person from whom these items have been confiscated before any order is issued.
In case such a notice is not issued within 90 days from the date of seizing, the packages should be returned to the person from whom it was seized. What if the violations are by a company? Like in the case of other offences, the accused shall have the option make an appeal against the decision of a court. The appellant cannot go for another appeal against the order of the court of appeal.
All the offences under this Act are bailable. If the offence committed is through the consent of or carelessness of the director or any other officer, then proceedings and punishments will be dealt with accordingly. Power of the Central Government to make rules The central government has the authority to add any tobacco product under this act, provided this should be notified in the official gazette three months in advance.
Once added, the product will be legally bound by this act. In order to test the tar and nicotine contents of the tobacco product, the Central Government is allowed to grant recognition to testing laboratories by notifying in the official gazette.
Central government also has the authority to alter the form and manner of warning on tobacco products, specify the maximum permissible limit of nicotine and tar content and the height of letter and figures, the manner in which search and seizure will be conducted, manner of preparation of list and delivery.
The act is not applicable to those tobacco products which are being exported provided the rules in those specific countries are followed.
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