Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production, Supply and
Distribution) Rules, 2004][1] [25th February,
2004] In exercise of
the powers conferred by Section 31 of the Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003 (34 of 2003), the Central Government hereby
makes the following rules, namely: (1) These rules may
be called the Cigarettes and Other
Tobacco Products (Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) Rules, 2004. (2) They shall come
into force on the 1st day of May, 2004. In these rules,
unless the context otherwise requires, (a) “Act” means the
Cigarettes and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution) Act,
2003; (b) “section” means
a section of the Act; (c) “open space”
mentioned in Section 3(1) of the Act shall not include any place visited by the
public such as open auditorium, stadium, railway station, bus stop and such
other places; and (d) words and
expressions used herein and not defined in these rules but defined in the Act,
shall have the meanings, respectively, assigned to them in the Act. [2][(e) “indirect advertisement” mentioned
in Section 5(1) of the Act means: (i) the use of a
name or brand of tobacco products for marketing, promoting or advertising other
goods, services and events; (ii) the marketing
of tobacco products with the aid of a brand name or trademark which is known
as, or in use as, a name or brand for other goods and service; (iii) the use of
particular colours and layout and/or presentation those are associated with
particular tobacco products; and (iv) the use of
tobacco products and smoking situations when advertising other goods and
services.] (1) The owner or
the manager or in charge of the affairs of a public place shall cause to be
displayed prominently a board, of a minimum size of sixty centimetre by thirty
centimetre in the Indian language(s) as applicable, at least one at the
entrance of the public place and one at conspicuous place(s) inside, containing
the warning “No Smoking Area Smoking
here is an Offence”. (2) The owner or
the manager or in charge of the affairs of a hotel having thirty rooms or
restaurant having seating capacity of thirty persons or more and the manager of
the airport shall ensure that, (i) the smoking and
non-smoking areas are physically segregated; (ii) the smoking
area shall be located in such manner that the public is not required to pass
through it in order to reach the non-smoking area; and (iii) each area shall
contain boards indicating thereon “Smoking Area/Non-Smoking Area”][3]. (1) The size of the
board used for the advertisement of cigarettes and any other tobacco products
displayed at the entrance of a warehouse or a shop where cigarettes or any
other tobacco products is offered for sale shall not exceed sixty centimeters
by forty-five centimeters. (2) Each such board
shall contain in an Indian language as applicable, one of the following
warnings occupying the top edge of the board in a prominent manner measuring
twenty centimeters by fifteen centimeters, namely: (i) Tobacco causes
cancer, or (ii) Tobacco kills, (3) The health
warning referred to in sub-rule (2) must be prominent, legible and in black
colour with a transparent background. (4) The display
board shall only list the type of tobacco products available and no brand pack
shot, brand name of the tobacco product or other promotional message and
picture shall be displayed on the board. The display board shall not be backlit
or illuminated in any manner. (5) The owner or
manager or in charge of the affairs of a place where cigarettes and other
tobacco products are sold shall not display tobacco products in such a way that
they are visible so as to prevent easy access of tobacco products to persons
below the age of eighteen years. (6) No individual
or a person or a character in films and television programmes shall display
tobacco products or their use: Provided that
this sub-rule shall not apply to (a) old Indian
films and old television programmes, produced prior to coming into effect of
this notification, being screened in a cinema hall or theatre or aired on
television; (b) old foreign
films and old television programmes, including dubbed and sub-titled “foreign
films” and television programmes, being screened in cinema halls or theatres or
aired on television; (c) Indian or
foreign documentaries and health spots displaying use of tobacco products made
to clearly and unambiguously reflect the dangers and dire consequences of
tobacco use being screened in cinema hall or theatre or aired on television; (d) live coverage
of news, current affairs, interviews, public meetings, sports events, cultural
events and the like, being telecast on television whereby there is a purely
incidental and completely unintentional coverage of use of tobacco products: Provided
further that the exemptions under clauses (a), (b), (c) and (d) above shall not extend to display of brands of tobacco
products or tobacco product placement in any form: Provided also
that close ups of cigarette packages or tobacco products shall not be
permissible and such scenes shall be edited by the producer or distributor or
broadcaster prior to screening in cinemas or theatres or airing on television. Explanation (1).For
the purpose of this sub-rule, all films that receive Central Board of Film
Certification prior to the effective date of this notification shall be
categorized as “old films”. Explanation (2).For
the purpose of this sub-rule, “foreign film” implies “Imported” as defined in
the Cinematograph (Certification) Rules, 1983. (6-A) In case of old Indian
and foreign films, the owner or manager of the cinema hall or theatre where the
film is being screened shall ensure that anti-tobacco health spots of minimum
thirty seconds duration each are screened at the beginning, middle and end of
the said film. The provisions of this sub-rule shall not apply to clause (c) of sub-rule (6). (6-B)(a) In case
of old television programmes, it shall be mandatory for the broadcaster to
ensure either placement of an anti-tobacco health warning as a prominent scroll
at the bottom of the television screen during the period of such display or
airing of anti-tobacco health spots for a period of minimum thirty seconds
during the telecast of each television programme of thirty minute duration or
less. (b) In case the television programme
is more than thirty minutes further airtime of thirty seconds shall be
allocated for each incremental thirty minutes, for telecasting anti-tobacco
spots. (c) The minimum duration of each
anti-tobacco spot shall be not less than fifteen seconds. (d) The
provisions of this sub-rule shall not apply to clauses (c) and (d) of
sub-rule (6): Provided that,
the anti-tobacco health warning scroll shall be legible and readable with font
in black colour on transparent background with the warnings “Smoking causes cancer”
or “Smoking kills” for smoking form of tobacco use and “Tobacco causes cancer”
or “Tobacco kills” for chewing and other form of tobacco or such other warnings
as may be specified by the Central Government from time to time: Provided
further that, the anti-tobacco health warning scrolls or health spots shall be
in the same language(s) as used in the film or television programme. In case of
dubbed or sub-titled films or television programmes, the scrolls or spots shall
be carried in the language of dubbing or sub-titlement. (7) Sub-rule (6)
shall not apply to new Indian or foreign films and television programmes
displaying use of tobacco products necessary to represent the smoking or
tobacco usage of a real historical figure or for representation of a historical
era or classified well known character: Provided that
in very rare cases where there is display or use of tobacco products due to
compulsions of the script, they shall be supported by a strong editorial
justification: Provided
further that the display of usage of tobacco products in such movies and
television programmes under this sub-rule shall be subject to the following
safeguards: (a) Film and
television programmes depicting tobacco related scenes shall mandatorily be
given ‘A’ Certification. Such films and television programmes may be permitted
to be telecast at such timings as are likely to have least viewership from
persons below the age of eighteen years. (b) The films or
television programmes, which depict such scenes, would have a disclaimer by the
concerned actor regarding the ill effects of use of such products. The
disclaimer would be shown in the beginning, middle and end of the film. (c) Whenever such
scenes are shown in a film or television programme, an anti-tobacco health
warning scroll will be continuously displayed on the screen starting a minute
before the scene and would be continuously displayed until one minute after the
scene: Provided also
that there shall not be any display of brands of tobacco products or tobacco
product placement in any form: Provided also
that close-ups of cigarette packages or tobacco products shall not be
permissible and such scenes shall be edited by the producer or distributor or
broadcaster prior to screening in cinemas or theatres or airing on television. Explanation (1).For
the purpose of this sub-rule, all films and television programmes that receive
Central Board of Film Certification after the effective date of this
notification shall be categorized as ‘new’. Explanation (2).For
the purpose of this sub-rule, representatives from Ministry of Health and
Family Welfare shall also be represented in the Central Board of Film
Certification. (8) Wherever brand
names or logos of tobacco products form a part of the pictures to be printed in
any form of print or outdoor media or footage to be aired through any form of
electronic media, it shall be mandatory for the media to crop or mask the same
to ensure that the brand names and logos of the tobacco products are not
visible, except in case of live or deferred live telecast of sports, cultural
and other events or activities held in other countries being aired on
television in India. (9) A Steering
Committee shall be constituted under the chairmanship of the Union Health
Secretary with representation from among others, the Ministry of Information
and Broadcasting, Ministry of Law and Justice, Advertising Standards Council of
India, Press Council of India, Members of Parliament and voluntary
organizations. This Committee shall take cognizance suo motu or look into
specific violations under Section 5 of the Act and shall also evaluate cases
related to indirect advertising and promotion and pass orders thereof.][4] (1) The owner or
the manager or the in charge of the affairs of a place where cigarettes or
other tobacco products are sold shall ensure that, (a) a board with a
warning as specified in “Annexure I” is displayed at the entrance of the place
where cigarettes or other tobacco products are sold and all the components of
the board should appear in a manner exactly as in the soft copy provided in the
Compact Disk (CD) accompanying these rules: (b) Provided that
such board shall not have any advertisement or promotional messages or pictures
or images of cigarettes or any other tobacco products. (c) no tobacco
product is sold through a vending machine; (d) no tobacco
product is handled or sold by a person below the age of eighteen years; (e) tobacco
products are not displayed in a manner that enables easy access of tobacco
products to persons below the age of eighteen years. (2) The onus of
proof, that the buyer of the tobacco product is not a person below the age of
eighteen years lies with the seller of the tobacco products and the seller in
case of doubts may request the buyer to provide appropriate evidence or age
proof of having reached eighteen years of age.][5] The authorised
officers mentioned in Annexure II shall be competent to act under and compound
the offences committed in violation of clause (a) and clause (b)
of Section 6 of the Act.][6] (1) The owner or
manager of a cinema hall or theatre screening old films (Indian and foreign)
which display tobacco products or their use, shall ensure that anti-tobacco
health spots of minimum thirty seconds duration each are screened at the
beginning and middle of the film: Provided that
such health spots shall be made available to the Central Board of Film
Certification by the Ministry of Health and Family Welfare, Government of
India. (2) If the owner or
manager of cinema hall or theatre fails to comply with the provisions of
sub-rule (1), the license of such cinema hall or theatre may be cancelled or
suspended by the competent authority, after giving a reasonable opportunity to
explain such failure. (3) The broadcaster
of old television programmes (including old Indian and foreign films)
displaying tobacco products or their use, shall ensure that, (a) anti-tobacco
health spots, of minimum thirty seconds duration each are screened at the
beginning and middle of the television programmes: Provided that
such health spots shall be made available to the Central Board of Films
Certification by the Ministry of Health and Family Welfare, Government of
India; (b) anti-tobacco
health warning as a prominent static message is displayed at the bottom of the
television screen during the period of display of the tobacco products or their
use in the television programmes: Provided that
the anti-tobacco health warning message shall be legible and readable, with
font in black colour on transparent background, and, (i) with the
warnings “Smoking causes cancer” or “Smoking kills” for smoking forms of
tobacco use; (ii) with the
warnings “Tobacco causes cancer” or “Tobacco kills” for chewing and other
smokeless forms of tobacco; (iii) or with such
other warnings as may be specified by the Central Government from time to time: Provided that
the anti-tobacco health warning message or health spots shall be in the same
language as used in the film or television programme and in case of dubbed or
sub-titled films or television programmes, the message or spots shall be
carried in the language of dubbing or sub-title. (4) If the
broadcaster of old television programmes fails to comply with the provisions of
sub-rule (3), the competent authority in the Ministry of Information and
Broadcasting, Government of India shall take appropriate punitive action
including cancellation or suspension of the license issued to such broadcaster,
after giving a reasonable opportunity to explain such failure. Explanation. For the purpose of this rule, (i) all films that
receive Central Board of Film Certification prior to the effective date of this
notification shall be categorised as “old films”; (ii) all television
programmes produced prior to coming into effect of this notification shall be
categorised as “Old Television Programme”; (iii) the expression
“foreign film” implies “Imported” as defined in the Cinematograph
(Certification) Rules, 1983; (iv) the expression
“television programmes” implies “programme” as defined in the Cable Television
Networks (Regulation) Act, 1995.][7] (1) All new Indian
or foreign films and television programmes displaying tobacco products or their
use shall have, (a) a strong
editorial justification explaining the necessity of the display of the tobacco
products or their use in the film, to the Central Board of Film Certification; (b) anti-tobacco
health spots, of minimum thirty seconds duration each at the beginning and
middle of the films and television programmes; (c) anti-tobacco
health warning as a prominent static message at the bottom of the screen during
the period of display of the tobacco products or their use in the film and
television programme; (d) an audio-visual
disclaimer on the ill-effects of tobacco use, of minimum twenty seconds
duration each, in the beginning and middle of the film and television
programmes: Provided that
such health spots and disclaimer shall be made available to the Central Board
of Film Certification by the Ministry of Health and Family Welfare, Government
of India: Provided
further that no film displaying tobacco products or their use shall be
certified for public exhibition by the Central Board of Film Certification
unless the conditions specified in clauses (a) to (d) of
sub-rule (1) are fulfilled. (2) If the owner or
manager of a cinema hall or theatre fails to comply with the provisions of
sub-rule (1), the license of such cinema hall or theatre may be cancelled or
suspended by the competent authority, after giving a reasonable opportunity to
explain such failure; (3) If the
broadcaster of the television programmes fails to comply with the provisions of
clauses (b) to (d) of sub-rule (1), the competent
authority in the Ministry of Information and Broadcasting, Government of India
shall take appropriate punitive action including cancellation or suspension of
the license issued to such broadcaster, after giving a reasonable opportunity
to explain such failure. (4) The
anti-tobacco health warning message as specified in clause (c) of sub-rule (1) shall be legible
and readable, with font in black colour on transparent background, and, (i) with the
warnings “Smoking causes cancer” or “Smoking kills” for smoking forms of
tobacco use; (ii) with the
warnings “Tobacco causes cancer” or “Tobacco kills” for chewing and other
smokeless forms of tobacco; (iii) or with such
other warnings as may be specified by the Central Government from time to time. (5) The
anti-tobacco health warning messages or health spots shall be in the same
language as used in the film or television programmes and in case of dubbed or
sub-titled films or television programmes, the messages or spots shall be
carried in the language of dubbing or sub-title. Explanation. For the purpose of this rule, (i) all films that
receive Central Board of Film Certification after the effective date of this
notification shall be categorised as “New Films”. (ii) all television
programmes produced after the effective date of this notification shall be
categorised as “New Television Programme”.][8] (1) The display of
tobacco products or their use in films and television programmes shall not
extend to the following, namely (a) display of the
brands of cigarettes or other tobacco products or any form of tobacco product
placement; (b) close ups of
tobacco products and tobacco products packages: Provided that
in a new film or television programme such scenes shall be edited by the
producer or distributor or broadcaster prior to screening in cinema or theatre
or airing on television, and in an old film or television programme such scenes
shall be masked or blurred by the producer or distributor or broadcaster while
screening. (2) Promotional
materials and posters of films and television programmes shall not depict any
tobacco products or their usage in any form.][9] Wherever brand
names or logos of tobacco products form a part of the pictures to be printed in
any form of print or outdoor media or footage to be aired through any form of
electronic media, it shall be mandatory for the media to crop or mask the same
to ensure that the brand names and logos of the tobacco products are not
visible, except in case of live or deferred live telecast of sports, cultural
and other events or activities held in other countries being aired on
television in India.][10] [11][ANNEXURE I [See Rule 5(1)(a)] (1) The Board shall
be of a minimum size of 60 cm by 30 cm of transparent background. (2) The Board shall
contain the warning “sale of tobacco products to a person below the age of
eighteen years is a punishable offence”, in Indian language(s) as applicable
and a pictorial depiction of the ill-effects of tobacco use on health. ANNEXURE II (See Rule 6) Serial No. Person authorised to take action 1. Vice-Chancellor or Director or
Proctor or Principal or Headmaster or In-charge of an Educational Institution 2. Assistant Labour Commissioner from
the Department of Labour 3. All officers of the rank of
Sub-Inspector in State Food and Drug Administration from the Department of
Food and Drugs 4. All officers of the rank of
Inspectors from the Department of Education 5. All police officers of the rank of
Sub-Inspector of Police and above 6. Municipal Health Officers 7. Representatives of Panchayati Raj
Institutions (Chairperson or Sarpanch or Panchayat Secretary) 8. District Programme Manager of Finance
Manager District Health Society
(National Rural Health Mission) 9. Civil Surgeon or Chief Medical
Officer at District Hospital or Medical Officer at Primary Health Centre
(PHC) 10. Block Development Officer, Block
Extension Educator (BEE) 11. Director or Joint Director Department
of Health and Department of Education in the State Government 12. Nodal Officers of State and District Tobacco
Control Cell under National Tobacco Control Programme.] [1]
Vide Noti. No. G.S.R. 137(E),
dated February 25, 2004, published in the Gazette of India, Extra., Part II,
Section 3(i), dated 25th February, 2004, pp. 3–4, No. 93. [2]
Ins. by G.S.R. 345(E), dt.
31-5-2005 (w.e.f. 2-11-2006) as corrected by G.S.R. 599(E), dt.
28-9-2006. [3]
Rule 3 superseded by
“Prohibition of Smoking in Public Places Rules, 2008”. [4]
Subs. by G.S.R. 656(E), dt.
20-10-2006 (w.e.f. the date to be notified). [5]
Subs. by G.S.R. 619(E),
dt. 11-8-2011 (w.e.f. 11-8-2011). [6]
Ins. by G.S.R. 619(E), dt.
11-8-2011 (w.e.f. 11-8-2011). [7]
Ins. by G.S.R. 786(E), dated
27-10-2011 (w.e.f. 14-11-2011) and substituted by G.S.R. 708(E), dt.
21-9-2012 (w.e.f. 2-10-2012) [8]
Ins. by G.S.R. 786(E), dated
27-10-2011 (w.e.f. 14-11-2011) and substituted by G.S.R. 708(E), dt.
21-9-2012 (w.e.f. 2-10-2012) [9]
Ins. by G.S.R. 786(E), dated
27-10-2011 (w.e.f. 14-11-2011). [10]
Ins. by G.S.R. 786(E), dated
27-10-2011 (w.e.f. 14-11-2011). [11]
Ins. by G.S.R. 619(E), dt.
11-8-2011 (w.e.f. 11-8-2011).Cigarettes
and Other Tobacco Products (Prohibition of Advertisement and Regulation of
Trade and Commerce, Production, Supply and Distribution) Rules, 2004