Cigarettes_and_Other_Tobacco_Products_Prohibition_of_Advertisement_and_Regulation_of_Trade_and_Commerce_Production_Supply_and_Distribution_Amendment_Bill_2020.pdf

THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, 
SUPPLY AND DISTRIBUTION) (AMENDMENT) BILL, 2020 
  
A BILL 
  
further to   amend the Cigarettes and other Tobacco Products (Prohibition of Advertisement   and  Regulation of Trade and Commerce, 
Production, Supply and   Distribution) Act, 2003. 
  
Be it   enacted by Parliament in the Seventy First Year of the Republic 
of India as   follows:- 
  
1. (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) Amendment Act, 
2020. 
  
(2) It   shall come into force on such date as the Central Government 
may, by   notification in the Official Gazette, appoint. 
  
No.34 of   2003 
Amendment   of 
Preamble 

2.  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 the   Preamble, after the words "…..take concerted action to eventually eliminate   all direct and indirect advertising, promotion and sponsorship concerning   tobacco" the words,  "AND WHEREAS, India is a signatory to the World   Health Organization Framework Convention on Tobacco Control [WHO FCTC)   adopted in Geneva, Switzerland on 21st day of May, 2003 which came   into force on the 
27th day of February, 2005" shall be inserted as   a separate para. 

  

Amendment   of 
Section 3 

3. In section 3 of the principal Act,-- 
  
  i. for clause (a), the  following clause shall be substituted, namely:- 
  
(a)   "advertisement" means any audio or visual   publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media and  includes through any notice, circular, label, wrapper, invoice or other   documents or device." 
  
(ii) for clause  (k), the following clause shall be substituted, namely:- 
  
"production", with its grammatical variations and cognate expressions, includes the making   of tobacco products and shall include- (i)   Packing, labeling 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; 4. In section 4 of the principal Act, the proviso,   shall be omitted; 
 

## Amendment   Of Section 4 Amendment   Of Section 5

5. In section 5 of the principal Act,- 
  
 (i) For   sub-section (1), the following sub-section shall be substituted, namely:- 
  
 "(1)   No person shall directly or indirectly advertise cigarettes or any other   tobacco products through any medium and no person shall take part in  any advertisement that directly or indirectly promote the use or consumption   of cigarettes or any other tobacco products." 
  
 (ii) In   sub-section (2), proviso (a) and (b), shall be omitted; 
Explanation:   For the purpose of this section, the expression, - 
  
 a. "medium" includes but not limited to audio, visual,   audio-visual, print (including newspapers or magazines whether domestic or international, pamphlets, leaflets, flyers and letters), billboards, hoardings, posters, signs, non-tobacco products, tobacco   accessories, buildings or other structures, vehicles, television, radio, films,   music, games, live performances, the internet including over-the-top media   services, social media platforms, mobile telephones, and any other  technologies;-  

   
b.   "promote" includes but not limited   to supply or offer to supply free samples, sale or offer to sale at   discounted price, sale or offer to sale on internet and/or any other forms of communication, sponsorship, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco   use either directly or indirectly; 

  
c.  "indirectly advertise" includes but is not limited to the followings: 
   

1. the use of a name or brand of tobacco products for marketing, 
promoting or advertising other goods, services  and events; 
2. the use of a mark or trade mark of tobacco products for 
marketing, promoting or advertising other goods, services and 
events; 
3. 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 services; 
4. the use of particular colours and layout and/or presentation 
those are associated with particular tobacco products; and 
5. the use of tobacco products and smoking situations when 
advertising other goods and services; 

## Amendment   Of Section 6

6. For Section 6 of the principal Act, the   following section shall be substituted, namely:- 
  
"6. No   person shall sell, offer for sale, or permit sale of, cigarette or any other   tobacco product - 
  
(a) to or   by any person who is under **twenty-one** years of age, and   
  
(b) in an   area within a radius of one hundred **meters** of any educational   institution." 
  

## Amendment   Of Section 7

7. In section 7 of the principal Act,-- 
  
(i) in   sub-section(2), following proviso shall be inserted, namely:- 
  
"Provided that the trade and commerce in   cigarette or any other tobacco product shall be in sealed, intact and   original packaging." 
  
(ii) for   sub-section (4), the following sub-section shall be substituted, namely:- 
  
"(4) The   specified warning shall appear on the principal display area of the package   in which cigarettes or any other tobacco products have been packed for   distribution, sale or supply." 
  
(iii) for   sub-section (5), the following sub-section shall be substituted, namely:- 
  
"(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 is having minimum quantity as may be prescribed." 
Amendment   of Section 10. 

8. In section 10, of the principal Act, the words  "or indication of nicotine and tar contents", shall be omitted. 

  
Insertion   of new Section 
10(A) 
9. After Section 10 of the principal Act, the   following section shall be inserted, namely:- 
  
"10A. (1) No person shall directly or indirectly, produce, supply or distribute, import, sell, offer for sale or permit   sale of illicit cigarette or any other tobacco product. 

  
(2) The   manner in which illicit cigarette or any other tobacco product shall be   identified, tracked or traced, be such as may be specified in the rules made   under this Act. 

Explanation. - For the purpose of this section, the   expression, "illicit" means any practice or conduct prohibited by law and   which relates to production, supply, distribution, import and sale, including   any practice or conduct intended to facilitate such activity. 

(3) No   person shall directly or indirectly, produce, supply or   distribute, import, sell, offer for sale or permit sale of cigarette or   any other tobacco product without license, registration or permission  required by any law for the time being in force, of the Central Government or   a State Government." 
Amendment   of Section 11. 

10. For section 11, of the principal Act, the   following section shall be substituted, namely:-  
  
"11. For the purposes of testing and regulating the   contents and emissions in cigarettes and any other tobacco products, the   Central Government shall by notification in the Official Gazette grant   recognition to such testing laboratory or laboratories as the Government may   deem necessary." 
  

Amendment of 
Section 15 

11. In   section 15 of the principal Act,- 
  
(i) In sub-section 2,- 
  
the words "and indication of nicotine and tar contents", shall be omitted. 

  
(ii) After sub-section 2, the following proviso shall be inserted, namely 
- 
  
"Provided   that this section shall not apply to seized packages of illicit cigarette or   any other tobacco product."    
  

Amendment of 
Section 20. 

12.  For section 20 of the principal Act, the   following section shall be substituted, namely:- 
  
"20 (1)   Any person who produces or manufactures cigarettes or any other tobacco   products, in contravention of section 7 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 toone lakh rupees, or with both, and for   the   second or subsequent conviction, with imprisonment for a term   which may extend to five years and with fine which may extend to **five lakh   rupees.** 
  
(2) Any   person who sells or distributes cigarettes or any other tobacco products, in   contravention of section 7 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 fifty 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 **one lakh  rupees."** 
  

Insertion   of new 
section 
20A 

13. After section 20 of the principal Act, the   following section shall be inserted, namely:- 
  
"20A. (1) Any person who produces or manufactures   or supplies or imports illicit cigarettes or any other tobacco products 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 one lakh   rupees, or with both, and for the second or subsequent conviction, with   imprisonment for a term which may extend to five years and with fine which   may extend to **five lakh rupees.** 
(2) Any   person who distributes, sell, offer for sale or permit sale of illicit   cigarettes or any other tobacco products 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 fifty 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 **one   lakh rupees.** 

Amendment   of 
Section 21 

14. In Section 21 of the principal Act, in   sub-section (1), for the words "which may extend to two hundred rupees" the   words, "of two thousand rupees" shall be substituted. 

  
Amendment   of Section 22. 

15.  In section 22 of the principal Act,- 
  
(i) in   sub-section (a):- 
"for the   words, "one thousand rupees" the words, "fifty thousand rupees" shall   be substituted." 
  
(ii) in   sub-section (b):- 
"for the   words, "five thousand rupees" the words, "one lakh rupees" 
shall be   substituted." 
  
Amendment   of Section 23. 

16. For section 23 of the principal Act, the   following section shall be substituted, namely:- 
"23. Where   any person has been convicted for contravention of the provisions of this   Act, the packages of cigarettes and other tobacco products or advertisement   materials or any other materials may be forfeited to the Government and such   packages or materials shall be disposed of in   accordance with the provisions contained in the Code of Criminal Procedure,1973." 
  
Amendment   of Section 24. 

17. For section 24 of the principal Act, the   following section shall be substituted, namely:- 
  
"24. Any   person who contravenes the provisions of section 6 shall be guilty of an   offence under this Act and shall be punishable with imprisonment for a term,   which may extend to seven years and with fine which may extend   to one lakh rupees." 
  
Amendment   of Section 25. 

18.  In section 25 of the principal Act,- 
  
"The words   **"and 6"** and **"or section 6",** shall be omitted." 
  
Amendment   of Section 27 
19.  For section 27 of the principal Act, the   following section shall be substituted, namely:- 
"27. Offences to be cognizable and bailable.-- 
(1) Notwithstanding anything contained in the   Code of Criminal Procedure, 1973, an offence punishable under this Act shall   be bailable. 

(2) For the avoidance of doubts, it is hereby   declared that offences punishable under sections 5, 6, 7 and 10A of this Act shall be cognizable." 20. In sub-section (1) of section 28 of the   principal Act,- 
  

Amendment   of 
Section 28 

"(i) the   words "or section 6" shall be omitted. 

  
(ii)for   the words, "which may not exceed two hundred rupees" the words, "of two   thousand rupees" shall be substituted." 

Amendment   of 
Section 30 

21. For section 30 of the principal Act, the   following section shall be substituted, namely:- 
  

  
"30.   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 to, or, omit from, the Schedule any tobacco   products and thereupon the Schedule shall be deemed to have 
been amended   accordingly." 
  

Insertion   of new 
Section 
30A. 

22. After section 30 of the principal Act, the   following section shall be inserted, namely:- 
  
"**30A.** Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent   therewith contained in any other law for the time being in force." 

Insertion   of new 
Section 
30B 

23. After the new section 30A, the following section   shall be inserted, namely: - 
  
"**30B.** The provisions of this Act   shall be in addition to and not in derogation of the provisions of any other   law for the time being in force prohibiting trade and commerce, production,  supply and distribution of cigarettes and any other tobacco products." 
  

Amendment   of 
Section 31 

24.  In section 31 of the principal Act, in   sub-section (2), - 
  
(i) for   clause (b), the following clause shall be substituted, namely:- 
  
"(b)   specify the manner in which the illicit cigarette or any other tobacco   product shall be identified, tracked or traced, under subsection (2) of   section 10A". 

  
(ii) In   clause (d), the words "or to indicate the nicotine and tar contents", shall   be omitted. 

  
Amendment   of Section 32 
25.  In section 32 of the principal Act, for   proviso, the following proviso shall be substituted, namely:- 
  
  
Provided   that nothing in this section shall be deemed to authorize the export of any   package of cigarettes or other tobacco products, not containing the specified   warning and quantity to any country if the law in force in that country   requires that each package of cigarettes or other tobacco products shall have   a specified warning and quantity. 

 
Cigarettes_and_Other_Tobacco_Products_Prohibition_of_Advertisement_and_Regulation_of_Trade_and_Commerce_Production_Supply_and_Distribution_Amendment_Bill_2020