Cigarettes & Other Tobacco Products (COTPA) Act, 2003
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
This nationwide Indian law regulates the trade, advertisement, and consumption of tobacco products like cigarettes, beedis, and gutka. It applies to all individuals in India, including manufacturers, sellers, and the general public. The Act bans smoking in public places, prohibits tobacco advertising and sponsorships, and outlaws sales to minors or near local educational institutions. Packaging must display prominent health warnings and specify chemical contents. This legislation matters because it protects citizens from harmful secondhand smoke, discourages youth addiction, and alerts consumers to severe health risks, aiming to reduce preventable disease and save many human lives across the country each year.
- 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.
- 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.
PDF: pending for this language.