THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION 
OFADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, 
PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 
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ARRENGEMENT OF SECTIONS 
Last updated: 26-7-2021 
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SECTIONS 

1. Short title, extent and commencement. 

2. Declaration as to expediency of control by the Union. 

3. Definitions. 

4. Prohibition of smoking in a public place. 

5. Prohibition of advertisement of cigarettes and other tobacco products. 

6. Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen 

years and in particular area. 

7. Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and 

other tobacco products. 

8. Manner in which specified warning shall be made. 

9. Language in which the specified warning shall be expressed. 

10. Size of letters and figures. 

11. Testing laboratory for nicotine and tar contents. 

12. Power of entry and search. 

13. Power to seize. 

14. Confiscation of package. 

15. Power to give option to pay costs in lieu of confiscation. 

16. Confiscation not to interfere with other punishments. 

17. Adjudication. 

18. Giving opportunity to the owner of seized packages. 

19. Appeal. 

20. Punishment for failure to give specified warning and nicotine and tar contents. 

21. Punishment for smoking in certain places. 

22. Punishment for advertisement of cigarettes and tobacco products. 

23. Forfeiture of advertisement and advertisement material. 

24. Punishment for sale of cigarettes or any other tobacco products in certain places or to persons 

below the age of eighteen years. 

25. Prevention, detention and place of trial of offences under sections 4 and 6. 

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SECTIONS 

26. Offences by companies. 

27. Offences to be bailable. 

28. Composition of offences. 

29. Protection of action taken in good faith. 

30. Power to add any tobacco products in the Schedule. 

31. Power of Central Government to make rules. 

32. Act not to apply to cigarettes of other tobacco products which are exported. 

33. Repeal and savings. 

THE SCHEDULE. 

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THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION 
OFADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, 
PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 

ACT NO. 34 OF 2003 

[18th May, 2003.]  

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. 

WHEREAS,  the  Resolution  passed  by  the  39th  World  Health  Assembly  (WHO),  in  its  Fourteenth 
Plenary meeting held on the 15th May, 1986 urged the member States of WHO which have not yet done 
so  to  implement  the  measures  to  ensure  that  effective  protection  is  provided  to  non-smokers  from 
involuntary exposure to tobacco smoke and to protect children and young people from being addicted to 
the use of tobacco; 

AND WHEREAS, the 43rd World Health Assembly in its Fourteenth Plenary meeting held on the 17th 
May,  1990,  reiterated  the  concerns  expressed  in  the  Resolution  passed  in  the  39th  World  Health 
Assembly  and  urged  Member  States  to  consider  in  their  tobacco  control  strategies  plans  for  legislation 
and  other  effective  measures  for  protecting  their  citizens  with  special  attention  to  risk  groups  such  as 
pregnant women and children from involuntary exposure to tobacco smoke, discourage the use of tobacco 
and  impose  progressive  restrictions  and  take  concerted  action  to  eventually  eliminate  all  direct  and 
indirect advertising, promotion and sponsorship concerning tobacco; 

AND  WHEREAS,  it  is  considered  expedient  to  enact  a  comprehensive  law  on  tobacco  in  the  public 

interest and to protect the public health; 

AND  WHEREAS, it is expedient to prohibit the consumption of cigarettes and other tobacco products 
which  are  injurious  to  health  with  a  view  to  achieving  improvement  of  public  health  in  general  as 
enjoined by article 47 of the Constitution; 

AND WHEREAS, it is expedient to prohibit the advertisement of, and to provide for regulation of trade 
and  commerce,  production,  supply  and  distribution  of,  cigarettes  and  other  tobacco  products  and  for 
matters connected therewith or incidental thereto: 

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:– 

1.  Short  title,  extent  and  commencement.–(1)  This  Act  may  be  called  the  Cigarettes  and  Other 
Tobacco  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  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 

2. Declaration as to expediency of control by the Union–It is hereby declared that it is expedient in 

the public interest that the Union should take under its control the tobacco industry. 

1. 1st December, 2007, sub-sections (1), (2), (3) and (4) of sec. 7, ss. 8, 9, 10 and 20, vide notification No. S.O. 1955(E), dated 

16th November, 2007, see Gazette of India, Extraordinary, Part II, sec 3(ii). 

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3. Definitions.–In this Act, unless the context otherwise requires,– 

(a) “advertisement” includes any visible representation by way of notice, circular, label, wrapper 
or other document and also includes any announcement made orally or by any means of producing or 
transmitting 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 its 
appearance,  the  type  of  tobacco  used in  the  filter,  or  its packaging  and  labelling  is  likely  to  be 
offered 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 India 

to a place outside India; 

(e)  “foreign  language”  means  a  language  which  is  neither  an  Indian  language  nor  the  English 

language; 

(f) “import”, with its grammatical variations and cognate expressions, means bringing into India 

from a place outside India; 

(g) “Indian language” means a language specified in the Eighth Schedule to the Constitution, and 

includes any dialect of such language; 

(h)  “label”  means  any  written,  marked,  stamped,  printed  or  graphic  matter,  affixed  to,  or 

appearing 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 of 
cigarettes, 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  name 
called) or snuff and shall include– 

(i) packing, labellingor 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, and 
includes auditorium, hospital buildings, railway waiting room, amusement centres, 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; 

(m)  “sale”,  with  its  grammatical  variations  and  cognate  expressions,  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; 

(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; 

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(o)  “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; 

(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  Tabacco 
Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and 
Distribution)  Act,  2003  (hereinafter  referred  to  as  “the  principal  Act”),  after  clause  (e),  the  following 
clause shall be inserted, namely:– 

“(ee) “hookah bar” means an establishment where people gather to smoke tobacco from a community 

hookah 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  and 
Distribution) Act, 2003 (hereinafter referred to as “the principal Act”), in section 3, after clause (e), the 
following clause shall be inserted, namely:– 

“(ee) “hookah bar” means an establishment where people gather to smoke tobacco from a communal 

hookah 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  Other 
Tobacco  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 principal 
Act, 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 communal 

hookah or narghile which is provided individually;”. 

[Vide Rajasthan Act 1 of 2020, s. 2] 

4. 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. 

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Gujarat 

STATE AMENDMENT 

Insertion of new section 4A is Act 34 of 2003.–In the principal Act, after section 4, the following 

section 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 the 
eating 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 following 

section 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 the 
eating house. 

Explanation.–The term “eating house” shall have the same meaning as assigned to it in clause (5A) of 

section 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 the 

existing 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 the 
eating house. 

Explanation.-The  term  ‘eating  house’  means  any  place  where  food  or  refreshment  of  any  kind  is 

provided for visitors or sold for consumption therein.”. 

[Vide Rajasthan Act 1 of 2020, s. 3.] 

5. 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 authorise to display any advertisement of cigarettes or 

any other tobacco product; or 

(b)  sell  or  cause  to  sell,  or  permit  or  authorise  to  sell  a  film  or  video  tape  containing 

advertisement of cigarettes or any other tobacco product; or 

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(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 tobacco 
product; or 

(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. 

6.  Prohibition  on  sale  of  cigarette  or  other  tobacco  products  to  a  person  below  the  age  of 
eighteen years and in particular area.–No person shall sell, offer for sale, or permit sale of, cigarette or 
any other tobacco product– 

(a) to any person who is under eighteen years of age, and 

(b) in an area within a radius of one hundred yards of any educational institution. 

7. Restrictions on trade and commerce in, and production, supply and distribution of cigarettes 
and  other  tobacco  products.–(1)  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 bears thereon, or on its label 1[such specified warning including 
a pictorial warning as may be prescribed.] 

(2)  No  person  shall  carry  on  trade  or  commerce  in  cigarettes  or  any  other  tobacco  products  unless 
every  package  of  cigarettes  or  any  other  tobacco  products  sold,  supplied  or  distributed  by  him  bears 
thereon, or on its label, the specified warning. 

(3)  No  person  shall  import  cigarettes  or  any  other  tobacco  products for  distribution  or  supply  for  a 
valuable  consideration  or  for  sale  in  India  unless  every  package  of  cigarettes  or  any  other  tobacco 
products so imported by him bears thereon, or on its label, the specified warning. 

(4) The  specified  warning  shall  appear  on  not  less  than  one  of  the  largest  panels  of  the  package  in 
which  cigarettes  or  any  other  tobacco  products  have  been  packed  for  distribution,  sale  or  supply  for  a 
valuable consideration. 

(5)  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 indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as 
the case may be on other tobacco products along with the maximum permissible limits thereof: 

1. Subs. by Act 38 of 2007, s. 2, for certain words (w.e.f. 24-9-2007). 

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Provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof 

as may be prescribed by rules made under this Act. 

8. 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. 

9. 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. 

10.  Size  of  letters  and  figures.–No  specified  warning  or  indication  of  nicotine  and  tar  contents  in 
cigarettes and any other tobacco products shall be deemed to be in accordance with the provisions of this 
Act if the height of each letter or figure, or both the used on such warning and indication is less than the 
height as may be prescribed by rules made under this Act. 

11. Testing laboratory for nicotine and tar contents.–For purposes of testing the nicotine and tar 
contents in cigarettes and any other tobacco products the Central Government shall by notification in the 
Official Gazette grant recognition to such testing laboratory as that Government may deem necessary. 

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12. Power of entry and search.–(1) Any police officer, not below the rank of a sub-inspector or any 
officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not 
below  the  rank  of  Sub-Inspector  of  Police,  authorise  side  by  the  Central  Government  or  by  the  State 
Government  may,  if  he  has  any  reason  to  suspect  that  any  provision  of  this  Act  has  been,  or  is  being, 
contravened,  enter  and  search  in  the  manner  prescribed,  at  any  reasonable  time,  any  factory,  building, 
business premises or any other place,– 

(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.  

(2) The provisions of the Code of Criminal Procedure, 1973(2 of 1974), shall apply to every search 

and seizure made under this Act. 

STATE AMENDMENT 

Gujarat 

Amendment of Section 12 of Act 34 of 2003.–In the principal Act, in section 12, in sub-section 

(1),– 

(i) in clause (b), the words “or” shall be added at the end; 

(ii) after clause (b), the following clause shall be added, namely:– 

  “(c) where any hookas bar is being run.”. 

[Vide Gujarat Act 27 of 2017, s. 4.] 

Maharashtra 

Amendment of section 12 of Act 34 of 2003.–In section 12 of the principal Act, in sub-section (1),– 

(i) in clause (b), after the word “made” the word “; or” shall be added; 

(ii) after clause (b), the following clause shall be added, namely:– 

“(c) where any hookah bar is being run.”. 

[Vide Maharashtra Act 60 of 2018, s. 4.] 

Rajasthan 

Amendment  of  section  12,  Central  Act  No.  34  of  2003.-In  the existing  sub-section (1)  of  section  

12 of the principal Act,- 

(i) in clause (b), for the existing punctuation mark”. “appearing at the end, the expression”; or” shall 

be substituted; 

(ii) after the clause (b), so amended, the following shall be added, namely:- 

“(c) where any hookah bar is being run.”. 

[Vide Rajasthan Act 1 of 2020, s. 4.] 

13. Power to seize.–(1) If any police officer, not below the rank of a sub-inspector or any officer of 
State Food or Drug Administration or any other officer, holding the equivalent rank being not below the 
rank of Sub-Inspector of Police, authorised by the Central Government or by the State Government, has 
any reason to believe that,– 

(a) in respect of any package of cigarettes or any other tobacco products, or 

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(b) in respect of any advertisement of cigarettes or any other tobacco products, 

the  provisions  of  this  Act  have  been,  or  are  being,  contravened,  he  may  seize  such  package  or 
advertisement material in the manner prescribed. 

(2)  No  package  of  cigarettes  or  any  other  tobacco  products  or  advertisement  material  seized  under 
clause  (a)  of  sub-section  (1)  shall  be  retained  by  the  officer  who  seized  the  package  or  advertisement 
material for a period exceeding ninety days from the date of the seizure unless the approval of the District 
Judge,  within the  local  limits  of  whose jurisdiction  such  seizure  was  made,  has  been obtained  for such 
retention. 

STATE AMENDMENT 

Gujarat 

Insertion of new section 13A in Act 34 of 2003.–In the principal Act, after section 13, the following 

section shall be inserted, namely:– 

Power to seize.–“13A If any police officer, not below the rank of a Sub-Inspector, authorized by the 
State  Government,  has  reason  to  believe  that  the  provisions  of  section  4A  have  been,  or  are  being, 
contravened, he may seize any material or article used as a subject or means of hookah bar.”. 

[Vide Gujarat Act 27 of 2017, s. 5.] 

Maharashtra 

Insertion of new section 13A in Act 34 of 2003.–After section 13 of the principal Act, the following 

section shall be inserted, namely:–  

Power  to  seize.–“13A.–If  any  police  officer,  not  below  the  rank  of  Assistant  Police  Inspector, 
authorized by the State Government, has reason to believe that the provisions 4A have been, or are being, 
contravened, he may seize any material or article used as a subject or means of hookah bar.”. 

[Vide Maharashtra Act 60 of 2018, s. 5.] 

Rajasthan 

Insertion of new section 13A, Central Act No. 34 of 2003.-After the existing section 13 and before 

the existing section 14 of the principal Act, the following shall be inserted, namely:- 

“13A. Power to seize.-If any police officer, not below the rank of Sub-Inspector, authorized by the 
State  Government,  has  reason  to  believe  that  the  provisions  of  section  4A  have  been,  or  are  being, 
contravened, he may seize any material or article used as a subject or means of hookah bar.”. 

[Vide Rajasthan Act 1 of 2020, s. 5.] 

14.  Confiscation  of  package.–Any  package  of  cigarettes  or  any  other  tobacco  products  or  any 
advertisement material of cigarettes or any other tobacco products, in respect of which any provision of 
this Act has been or is being contravened, shall be liable to be confiscated: 

Provided that, where it is established to the satisfaction of the court adjudging the confiscation that 
the  person  in  whose  possession,  power  or  control  any  such  package  of  cigarettes  orany  other  tobacco 
products  is  found is  not  responsible for  the  contravention  of  the  provisions  of this  Act, the  Court  may, 
instead of making an order for the confiscation of such package, make such other order authorised by this 
Act against the person guilty of the breach of the provisions of this Act as it may think fit. 

15. Power to give option to pay costs in lieu of confiscation.–(1) Whenever any confiscation of any 
package of cigarettes or any other tobacco products is authorised by this Act, the court adjudging it may, 
subject to such conditions as may be specified in the order adjudging the confiscation, give to the owner 

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thereof  an  option  to  pay,  in  lieu  of  confiscation,  costs  which  shall  be  equal  to  the  value  of  the  goods 
confiscated. 

(2) On payment of the costs ordered by the court, the seized packages shall be returned to the person 
from whom they were seized on condition that such person shall, before making any distribution, sale or 
supply of such packages of cigarettes or other tobacco products, get the specified warning and indication 
of nicotine and tar contents incorporated on each such package. 

16. Confiscation not to interfere with other punishments.–No confiscation made, costs ordered to 
be paid under this Act shall prevent the infliction of any punishment to which the person affected thereby 
is liable under the provisions of this Act or under any other law. 

17. Adjudication.–Any confiscation of cigarettes or any other tobacco products may be adjudged or 

costs may be ordered to be paid,– 

(a) without any limit, by the principal civil court of original jurisdiction within the local limits of 

whose jurisdiction such confiscation has been made, costs have been ordered to be paid, 

(b) subject to such limits as may be specified by the Central Government in this behalf, by such 
other court, not below a civil court having pecuniary jurisdiction exceeding rupees five thousand, as 
the Central Government may, by notification in the Official Gazette, authorise in this behalf. 

18. Giving opportunity to the owner of seized packages.–(1) No order adjudging confiscation or 
directing  payment  of  costs  shall  be  made  unless  the  owner  or  person  in  possession  of  the  package  of 
cigarettes or any other tobacco products has been given a notice in writing informing him of the grounds 
on which it is proposed to confiscate such package, and giving him a reasonable opportunity of making a 
representation  in  writing,  within  such  reasonable  time  as  may  be  specified  in  the  notice,  against  the 
confiscation mentioned therein, and, if he so desires, of being heard personally or through a representative 
in the matter: 

Provided  that,  where  no  such  notice  is  given  within  a  period  of  ninety  days  from  the  date  of  the 
seizure of the package of cigarettes or of any other tobacco products, such package shall be returned, after 
the expiry of that period, to the owner or the person from whose possession it was seized. 

(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil Procedure, 1908 

(5 of 1908), shall, as far as may be, apply to every proceeding referred to in sub-section (1). 

19.  Appeal.–(1)  Any  person,  aggrieved  by  any  decision  of  the  court  adjudging  a  confiscation, 
ordering the payment of costs, may prefer an appeal to the court to which an appeal lies from the decision 
of such court. 

(2) The  appellate  court  may,  after  giving  to  the  appellant  an  opportunity  of  being  heard,  pass  such 
order  as  it  thinks  fit  confirming,  modifying  or  reversing  the  decision  or  order  appealed  against  or  may 
send back the case with such directions as it may think fit for a fresh decision or adjudication, as the case 
may be, after taking additional evidence, if necessary: 

Provided that an order enhancing any fine in lieu of confiscation or confiscating of goods of greater 
value  shall  not  be  made  under  this  section  unless  the  appellant  has  had  an  opportunity  of  making  a 
representation and, if he so desires, of being heard in person or through a representative in his defence. 

(3) No further appeal shall lie against the order of the court of appeal. 

20.  Punishment  for  failure  to  give  specified  warning  and  nicotine  and  tar  contents.–(1)  Any 
person who produces or manufactures cigarettes or tobacco products, which do not contain, either on the 
package or on their label, the specified warning and the nicotine and tar contents, 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  five  thousand  rupees,  or  with  both,  and  for  the  second  or  subsequent  conviction, 

11 

 
with  imprisonment  for  a  term  which  may  extend  to  five  years  and  with  fine  which  may  extend  to  ten 
thousand rupees. 

(2) Any person who sells or distributes cigarettes or tobacco products which do not contain either on 
the package or on their label, the specified warning and the nicotine and tar contents 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  one  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 three 
thousand rupees. 

21. Punishment for smoking in certain places.–(1) Whoever contravenes the provisions of section 4 

shall be punishable with fine which may extend to two hundred rupees. 

(2) An offence under this section shall be compoundable and shall be tried summarily in accordance 

with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 (2 of 1974). 

Gujarat 

STATE AMENDMENT 

Insertion of new section 21A in Act 34 of 2003. –In the principal Act, after section 21, the following 

section shall be inserted, namely:– 

Punishment  for  running  hookas  bar.–“21A.  –Whoever  contravenes  the  provisions  of  section  4A 
shall be punishable with imprisonment which may extend to three years but which shall not be less that 
one year and with fine which may extend to fifty thousand rupees but which shall not be less than twenty 
thousand rupees.”. 

[Vide Gujarat Act 27 of 2017, s. 6.] 

Maharashtra 

Insertion of new section 21A in Act 34 of 2003.–After section 21 of the principal Act, the following 

section shall be inserted, namely:– 

Punishment  for  running  hookah  bar.–“21A.–Whoever  contravenes  the  provisions  of  section  4A, 
shall be punishable with imprisonment for a term which may extend to three years but which shall not be 
less than one year and with fine which may extend to one lakh rupees but which shall not be less than 
fifty thousand rupees.”. 

[Vide Maharashtra Act 60 of 2018, s. 6.] 

Rajasthan 

Insertion of new section 21A, Central Act No. 34 of 2003.-After the existing section 21 and before 

the existing section 22 of the principal Act, the following shall be inserted, namely:- 

“21A.  Punishment  for  running  hookah  bar.-Whoever  contravenes  the  provisions  of  section  4A, 
Shall be punishable with imprisonment for a term which may extend to three years but which shall not be 
less than one year and with fine which may extend to one lakh rupees but which shall not be less than 
fifty thousand rupees.”. 

12 

 
 
[Vide Rajasthan Act 1 of 2020, s. 6.] 

22. Punishment for advertisement of cigarettes and tobacco products.–Whoever contravenes the 

provision of section 5 shall, on conviction, be punishable– 

(a) in the case of first conviction, with imprisonment for a term which may extend to two years or 

with fine which may extend to one thousand rupees or with both, and 

(b)  in  the  case  of  second  or  subsequent  conviction  with  imprisonment  for  a  term  which  may 

extend to five years and with fine which may extend to five thousand rupees. 

23.  Forfeiture  of  advertisement  and  advertisement  material.–Where  any  person  has  been 
convicted  under  this  Act  for  the  contravention  of  the  provision  of  section  5,  the  advertisement  and  the 
advertisement material for cigarettes and other tobacco products may be forfeited to the Government and 
such advertisement and advertisement material shall be disposed of in such manner as may be prescribed 
by rules made under this Act. 

24.  Punishment  for  sale  of  cigarettes  or  any  other  tobacco  products  in  certain  places  or  to 
persons below the age of eighteen years.–(1) Any person who contravenes the provisions of section 6 
shall be guilty of an offence under this Act and shall be punishable with fine which may extend to two 
hundred rupees. 

(2) All offences under this section shall be compoundable and shall be tried summarily in accordance 

with the procedure provided for summary trials in the Code of Criminal Procedure, 1973 (2 of 1974). 

25.  Prevention,  detention  and  place  of  trial  of  offences  under  sections  4  and  6.–(1) 
Notwithstanding anything contained in any other law for the time being in force, the Central Government 
or the State Government may, by notification in the Official Gazette, authorise one or more persons who 
shall be competent to act under this Act: 

Provided that the person so authorised may, if he has reasonable ground for believing that any person 
has committed an offence under section 4 or section 6, may detain such person unless the accused person 
furnishes his name and address, and otherwise satisfies the officer detaining him that he will duly answer 
any summons or other proceedings which may be taken against him. 

(2) Any person detained under sub-section (1) shall forthwith be taken before Magistrate to be dealt 

with according to law. 

(3) Any person committing an offence under section 4 or section 6 shall be tribal for such offence in 
any place in which he may be or which the State Government may notify in this behalf, as well as in any 
other place in which he is liable to be tried under any law for the time being in force. 

(4) Every notification issued under sub-sections (1) and (3) shall be published in the Official Gazette, 
and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as 
the State Government may direct. 

(5) Every person authorised under sub-section (1) shall be deemed to be a public servant within the 

meaning of section 21 of the Indian Penal Code (45 of 1860). 

26. Offences by companies.–(1) Where an offence under this Act has been committed by a company, 
every person who, at the time the offence was committed, was in charge of, and was responsible to, the 
company for the conduct of the business of the company, as well as the company, shall be deemed to be 
guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

13 

 
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable  to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall be proceeded against and 
punished accordingly. 

Explanation.–For the purposes of this section,– 

(a)  “company”  means a  body  corporate and  includes a  firm  or  other  association  of  individuals; 

and  

(b) “director”, in relation to a firm, means a partner in the firm. 

27. Offences to be bailable.–Notwithstanding anything contained in the Code of Criminal Procedure, 

1973 (2 of 1974), an offence punishable under this Act shall be bailable. 

Gujarat 

STATE AMENDMENT 

Insertion of new section 27A in Act 34 of 2003.–In the principal Act, after section 27, the following 

section shall be inserted, namely:– 

Offence  under  section  4A  to  be  cognizable.–“27A.–An  offence  under  section  4A  shall  be 

cognizable.”. 

[Vide Gujarat Act 27 of 2017, s. 7.]  

Maharashtra  

Insertion of new section 27A in Act 34 of 2003.–After section 27 of the principal Act, the following 

section shall be inserted, namely:– 

Offence  under  section  4A  to  be  cognizable.–“27A.–An  offence  under  section  4A  shall  be 

cognizable.”.  

[Vide Maharashtra Act 60 of 2018, s. 7] 

Rajasthan 

Insertion of new section 27A, Central Act No. 34 of 2003.- After the existing section 27 and before 

the existing section 28 of the principal Act, the following shall be inserted, namely:- 

“27A.  Offence  under  section  4A  to  be  congnizable.-  An  offence  under  section  4A  shall  be 

cognizable.”. 

[Vide Rajasthan Act 1 of 2020, s. 7.] 

28.  Composition  of  offences.–(1)  Any  offence  committed  under  section  4  or  section  6  may  either 
before  or  after  the  institution  of  the  prosecution  be  compounded  by  such  officer  authorised  by  Central 
Government or State Government and for an amount which may not exceed two hundred rupees. 

(2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be 

discharged and no further proceedings shall be taken against him in respect of such offence. 

29. Protection of action taken in good faith.–No suit, prosecution or other legal proceeding shall lie 
against the Central Government or any State Government or any officer of the Central Government or any 
State Government for anything which is in good faith done or intended to be done under this Act. 

14 

 
 
30. Power to add any tobacco products in the Schedule.–The Central Government, after giving by 
notification in the Official Gazette, not less than three months' notice  of its intention so to do, may, by 
like notification, add any other tobacco product in respect of which it is of opinion that advertisements are 
to be prohibited and its production, supply and distribution is required to be regulated under this Act, and 
thereupon the Schedule shall in its application to such products be deemed to be amended accordingly. 

31.  Power  of  Central  Government  to  make  rules.–(1)  The  Central  Government  may,  by 

notification in the Official Gazette, make rules to carry out the provisions of this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:– 

(a) specify the form and manner in which warning shall be given in respect of cigarettes or other 

tobacco products under clause (o) of section 3; 

(b)  specify  the  maximum  permissible  nicotine  and  tar  contents  in  cigarettes  or  other  tobacco 

products under the proviso to sub-section (5) of section 7; 

(c)  specify  the  manner  in  which  the  specified  warning  shall  be  inscribed  on  each  package  of 

cigarettes or other tobacco products or its label under sub-section (2) of section 8; 

(d) specify the height of the letter or figure or both to be used in specified warning or to indicate 

the nicotine and tar contents in cigarettes or other tobacco products under section 10; 

(e) provide for the manner in which entry into and search of any premises is to be conducted and 
the manner in which the seizure of any package of cigarettes or other tobacco products shall be made 
and  the  manner  in  which  seizure  list  shall  be  prepared  and  delivered  to  the  person  from  whose 
custody any package of cigarettes or other tobacco products has been seized; 

(f) provide for any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this Act and every notification made under section 30 shall be laid, as soon 
as may be after it is made, before each House of Parliament, while it is in session, for a total period of 
thirty days which may be comprised in one session or in two or more successive sessions, and if, before 
the  expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both 
Houses agree in making any modification in the rule or notification or both Houses agree  that therule or 
notification should not be made, the rule or notification shall thereafter have effect only in such modified 
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be 
without prejudice to the validity of anything previously done under that rule or notification. 

32.  Act  not  to  apply  to  cigarettes  of  other  tobacco  products  which  are  exported.–Nothing 
contained  in  this  Act  shall  apply  to  any  cigarette  or other  tobacco  products  or  package  of  cigarettes  or 
other tobacco products which is exported: 

Provided  that  nothing  in  this  section  shall  be  deemed  to  authorise  the  export  of  any  package  of 
cigarettes or other tobacco products, not containing the specified warning and indication of nicotine and 
tar contents to any country if the law in force in that country requires that the same or similar warning and 
nicotine and tar contents shall be specified on each package of cigarettes or other tobacco products. 

Explanation.–For the purpose of this section, any cigarette or other tobacco products or package of 
cigarettes or other tobacco products shall be deemed to be exported before the commencement of this Act, 
if the necessary steps for export have already been taken notwithstanding that the actual export has not 
taken place. 

33. Repeal and savings.–(1) The Cigarettes (Regulation of Production, Supply and Distribution) Act, 

1975(49 of 1975), is hereby repealed. 

15 

 
(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  provisions  of  the 
aforesaid Act, shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be 
deemed to have been done or taken under the provisions of this Act as if the said provisions were in force 
when  such  thing  was  done  or  such  action  was  taken  and  shall  continue  in  force  accordingly  until 
superseded by anything done or any action taken under this Act. 

16 

 
 
 
THE SCHEDULE 

[See section 3(p)] 

1. Cigarettes 

2. Cigars 

3. Cheroots 

4. Beedis 

5. Cigarette tobacco, pipe tobacco and hookah tobacco 

6. Chewing tobacco 

7. Snuff 

8. Pan masala or any chewing material having tobacco as one of its ingredients (by whatever name 

called). 

9. Gutka 

10. Tooth powder containing tobacco. 

17 

 
