 bill no 119 of  2012 the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) amendment bill, 2012 by shri baijayant panda, mp a billfurther to amend the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003be it enacted by parliament in the sixty-third year of the republic of india as follows:—amendment of section 32 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 (hereinafter referred to as the principal act),—34 of 2003(i) after clause (h), the following clause shall be inserted, namely:—5'(ha) "mark" shall have the meaning as assigned to it under sub-section(m) of section 2 of the trade marks act, 1999;';47 of 1999(ii) after clause (j), the following clause shall be inserted, namely:—'(ja) "principal display area" means—10(i) in the case of box type packages, those two equal faces of the box which have the largest area and are visible under normal or customary conditions of sale or use;(ii) in the case of conical or cylindrical type of packages, the entire curved area of the package which is visible under normal or customary conditions of sale or use; and15(iii) in the case of any other form or type of package, the entire surface area of the package which is visible under normal or customary conditions of sale or use;';(iii) after clause (p), the following clause shall be inserted, namely:—'(pa) "trade mark" shall have the meaning as assigned to it under section2 of the trade marks act, 1999;'47 of 199920amendment of section 53 in section 5 of the principle act, in sub-section (2), proviso (a) and (b) shall be omittedamendment of section 74 in section 7 of the principal act, for sub-section (4), the following sub-section shall be substituted, namely:—25"(4) the specified warning shall occupy at least sixty per cent of the principal display area of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply" 5 after section 7 of the principal act, the following section shall be inserted, namely:—"7a every package of cigarette or any other tobacco product shall comply with the following conditions, namely:—30restrictions on printing and packaging of cigarettes and other tobacco products(i) the business or brand or company name, trade mark or any other mark shall appear—(a) on the outer surface of the package not more than once; (b) in not more than one line; and35(c) horizontally below the specified warning with such font size and font style as may be prescribed; (ii) the colour and texture of the outer and the inner surfaces of every package shall be such as may be prescribed;40(iii) a package shall not have any embossing, ridges, irregularities of shape or size, removable or folding tabs, inserts or onserts or any other embellishment; and(iv) a package shall not be printed, painted or coated with an ink or material which changes colour with passage of time or becomes visible in certain light or reveals any text or picture when scratched" statement  of  objects  and  reasonstobacco use is responsible for nearly six million deaths every year across the world if the use of tobacco remains unchecked, this number is likely to cross eight million by the year 2030 these deaths are an outcome of preventable causes in our country itself, about one million people die every year due to use of tobacco the planning commission puts the annual health cost of tobacco related diseases in india at approximately $65 billionworld health organisation under its framework convention on tobacco control recommends norms for packaging and labeling of tobacco products it is believed that such norms can help reduce the demand for tobacco products independent research studies conducted by other organizations have also concluded that removal of brand description from packages of cigarettes and other tobacco products reduce the appeal of smoking, especially among the youthin december 2012, australia will become the first country to enforce 'plain packaging'norms for tobacco products plain packaging requires standardization of packages across brands it restricts tobacco industry logos, brand imagery, colours and promotional text appearing on packages brand and product names are allowed only in a standard colour, position, font style and size in a pre-defined area on the package these norms are expected to be a vital preventive public health measure in australiathis bill amends the original act to stipulate for plain packaging of tobacco products in india it increases the size of the health warning and the accompanying graphic it also prohibits advertisement of tobacco products in warehouses and shops at the point of sale it is expected that these changes will help in reducing the consumption of tobacco and educate the citizenry about the ill-effects of tobacco usehence this billnew delhi;baijayant  pandaseptember 10, 2012 annexure extract from the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (act no 34 of 2003)    definitions3 in this act, unless the context otherwise requires,—(h) "label" means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package; (j) "prescribed" means prescribed by rules made under this act;(p) "tobacco products" means the products specified in the schedule5 (1)     (2)     (a)     (b)     prohibition of advertisement of cigarettes and other tobacco products(c)     (d)     (e)     provided that this sub-section shall not apply in relation to- (a) an advertisement of cigarettes or any other tobacco products in or on a package containing cigarettes or any other tobacco products;(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 7 (1)     (2)     (3)     (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 restriction on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products———— a billto further amend the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003————gmgipmrnd—3214ls(s3)—19112012