1. NATIONAL SENSITIZATION WORKSHOP FOR LAW ENFORCEMENT OFFICIALS FOR EFFECTIVE IMPLEMENTATION OF THE INDIAN TOBACCO CONTROL ACT, 2003
JANUARY 21ST, 2008

2. Four Key Areas Of Tobacco Control Law:
Prohibition of smoking in a public place – S.4
Prohibition of advertisement of cigarettes and other tobacco products – S. 5
Prohibition on sale of cigarettes or other tobacco products to and by minors – S. 6
Specified health warning labels on all tobacco products – S.7

3. Prohibition of smoking in a public place – S.4
S4: No person shall smoke in any public place:
Provided that in a hotel having 30 rooms or a restaurant having seating capacity of 30 persons or more and in airports, a separate provision for smoking area or space may be made.

4. Definitions:
S. 3(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

5. Rules notified for ban on smoking in public places
Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, production, supply and distribution) Rules, 2004 – notified on 25th Feb 2004 by the Central Govt. in exercise of the power conferred under S. 31 of the Act.

6. Rules notified for ban on smoking in public places (Contd….)
Owner or manager or person in charge of a public place shall prominently display at least two boards containing the warning in appropriate Indian language
‘NO SMOKING AREA – SMOKING HERE IS AN OFFENCE’
Size of board – atleast 60x30 cms
One board at the entrance and one at any conspicuous place inside

7. Rules notified for ban on smoking in public places (Contd….)
Owner/manager/person in charge of a hotel having 30 rooms or restaurant having seating capacity of thirty persons or more
and
Manager of airport shall ensure
Smoking and non-smoking areas are segregated
Smoking area should be so located that the public is not required to pass through it to reach non-smoking area
Each area shall contain boards indicating thereon “Smoking Area/Non-Smoking area”

8. Prohibition on sale of cigarettes or other tobacco products to and by minors – S. 6
No person shall (i) sell (ii) offer for sale (iii) or permit sale of, cigarette or any other tobacco product-
To a minor (under 18) and
In an area within a radius of one hundred yards of any educational institution

9. Rules notified for sale of cigarettes and other tobacco products to and by minors
Rule 5 of rules notified on 25th Feb 2004
Owner/manager/person incharge of place where cigs or other tobacco products are sold shall display a board containing the warning in applicable Indian language “SALES OF TOBACCO PRODUCTS TO A PERSON UNDER THE AGE OF 18 YEARS IS A PUNISHABLE OFFENCE”
Such board should be atleast of 60X 30 cms

10. Rules notified for sale of cigarettes and other tobacco products to and by minors (Contd…)
Onus of proof that the buyer is not a minor lies with the seller. The seller may request the buyer to provide evidence of being above 18 years
Owner/manager/person in charge of place where cigs and other tobacco products are sold shall ensure that no tobacco product is sold through a vending machine in order to prevent easy access to minors
Owner/manager/person in charge shall ensure that no tobacco product is handled or sold by a minor.

11. Rules notified for sale of cigarettes and other tobacco products to and by minors (Contd…)
Rule 3 of Prohibition on sale of Cigs and other Tobacco Products around Educational Institutions Rules 2004 – notified 1st Sep 2004
- Owner/manager/any person incharge of educational institution shall display and exhibit a board at a conspicuous place outside the premises prominently stating that sale of cigs and other tobacco products in a area within a radius of one hundred yards of the educational institution is strictly prohibited and that it is an offence punishable with a fine which may extend to Rs. 200

12. Punishment for smoking in public places – S
Punishment for smoking in public places – S. 21 and for sale of cigarettes or other tobacco products to and by minors – S. 24
S.21 & S.24:
(1) Whoever contravenes the provisions of S. 4 and S. 6 shall be punished with fine which may extend to Rs. 200
(2)Such offence shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the CrPC.

13. Definitions:
Compoundable Offence: In certain offences, the parties involved can effect a compromise while the case is under trial in the court. This is called 'compounding', when further action in trial is discontinued.
Non-compoundable offence: The case cannot be compromised and withdrawn
Summary Trial: CrPC lays down two different procedures for trial:
Trial under warrants cases: A case of an offence punishable with death or imprisonment for more than two years is called a warrants case.
Trial under summons cases: All other cases are summons cases – they relate to minor cases such as minor thefts, breach of peace etc and are tried under Cr.PC by a fast track or summary process.

14. Procedure for Summary Trial (Ss.262,263,251-259 CrPC)
After accused is brought before Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make.
If the Accused pleads guilty:
If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may in his discretion, convict him thereon.
3. Where a summons has been issued for a petty offence and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. Magistrate may in his discretion convict the accused in his absence on his plea of guilty and sentence him to pay the fine specified in the summons and the amount transmitted by the accused shall be adjusted towards such fine.

15. Procedure for Summary Trial Contd…
Procedure when not convicted:
If the Magistrate does not convict the accused as above, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defense.
Magistrate may on application of prosecution/accused issue summons to any witness directing him to attend or to produce any document or other thing.
If the Magistrate after taking such evidence finds the accused not guilty, he shall record an order of acquittal.
If he finds the accused guilty he shall pass sentence upon him according to law.

16. Who can take action against a person violating S. 4 or S. 6?
S. 25 (1): Central Govt. or State Govt. may by notification appoint one or more persons as public servants who would be responsible for taking action against persons violating S. 4 or S. 6.
(5): Every person so notified shall be deemed to be a public servant.

17. Procedure for prevention, detention and place of trial for offences under S. 4 and S. 6
S.25: If the authorized person has reasonable grounds to believe that an offence has been committed under S. 4,
he may take the name and address of such person to be tried summarily.
he may detain such person if such person is not willing to furnish his name and address or if he is not satisfied that such person will duly answer any summons or other proceedings which may be taken against him.
3. any person so detained shall be taken before forthwith before Magistrate to be dealt with according to law.

18. Procedure for prevention, detention and place of trial for S
Procedure for prevention, detention and place of trial for S. 4 and 6 Contd…
4. Person accused of an offence u/S 4 shall be triable
- in the place where he may be or
- in the place which the State Govt may notify in this behalf or
- in any other place in which he is liable to be tried under any law for the time being in force

19. Compounding of offences under S. 4 and S. 6
S. 28: Any offence committed under S. 4 and 6 may either before or after the institution of the prosecution be compounded by such authorised officer for an amount which may not exceed Rs. 200
Where an offence has been compounded the offender if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.

20. Prohibition of advertisement of cigarettes and other tobacco products – S. 5
S. 5(1) prohibits certain persons from directly or indirectly (surrogate advertising) advertising or causing advertising of cigs and other tobacco products --
Person engaged in production, supply or distribution of cigarettes or any other tobacco products (manufacturers, shopkeepers etc)
Person purported to be engaged in production, supply or distribution of cigarettes or any other tobacco products
Person having control over a medium (eg news papers, visual media etc)
Person taking part in advertisements (eg models etc)

21. Prohibition of advertisement of cigarettes and other tobacco products – S. 5 (Contd….)
S.5(2) specifically prohibits certain direct/indirect advertising of cigs and other tobacco products –
1. Display of adv (eg person owning space where hoarding can be set up etc)
Selling a film or video tape containing advertisement of cigs etc (eg swadesh)
Distribution of leaflet, handbill or document contaning adv of cigs etc
Advertisement by erecting, fixing or retaining, exhibiting, any hoarding or frame post or structure
Advertisement by display in vehicles

22. Prohibition of advertisement of cigarettes and other tobacco products – S. 5 (Contd….)
S.5(3) No person shall agree to promote use or consumption of cigarettes etc
No person shall agree to promote a trade mark or brand name of cigs etc in exchange for sponsorship, gift, prize or scholarship (wills sponsoring a sporting event – or organizers may accept sponsorship but are prohibited from promoting wills (surrogate advertising))

23. Rules notified for ban on advertisement, sponsorship and promotion of tobacco products (Contd…)
The health warning should be prominent, legible and in black colour with white background
The board shall list only the type of tobacco product available and no brand shot or brand name or promotional message or picture. Display board should not be backlit or illuminated
In rules notified on 30th Nov 2005 it was stated that if a television programme has a smoking scene then at the beginning, middle and end of the programme/movie there should be a specified health warning and health message.

24. Punishment for contravention of S. 5
S.22: In case of first conviction-
Imprisonment for a term upto 2 years or with fine which may extend to 1000/- or with both
In case of second conviction –
Imprisonment for a term upto 5 years and with fine which may extend to 5000/-
S.23: After conviction, the advertisement material may be forfeited to the Govt.

25. Rules notified for ban on advertisement, sponsorship and promotion of tobacco products
Rules notified on 25th Feb 2004,
Amended Rules notified on 31 May 2005
Rules notified on 30 Nov 2005
Size of board used for adv of cigs etc at entrance of warehouse or shop where these products are sold shall not exceed 60 cms X 45 cms
Such board shall contain in an indian language on top edge of board in a prominent manner measuring 20 X 15 cms
- Tobacco causes cancer
- Tobacco kills

26. Specified health warning labels on all tobacco products – S.7, 8, 9
S.7: - Every package of cigarette or other tobacco product must bear on its label the specified earning including a pictoral depiction of skull and cross bones and such other warnings as may be prescribed – restriction applies both w.r.t. manufacturer as well as trader
- cigarettes etc shall not be imported unless the package contains the specified health warning
- the specified warning shall appear on not less than one of the largest panels of the package
- every package shall contain the nicotine and tar contents alongwith the maximum permissible limits

27. Specified health warning labels on all tobacco products – S
Specified health warning labels on all tobacco products – S.7, 8, 9 (Contd…)
S.8 Specified warning shall be
Legible and prominent
Conspicuous as to size and colour
Lettering should be bold and clearly presented in distinct contrast to the background. Must be visible to consumer before pack is opened
S. 9 species the language in which the warning should be
Rules notified on 5th July 2006 further elaborate on specifications of the warnings – date of implementation extended to 17th March 2008

28. Punishment for contravention of S. 7
S.20: In case of first conviction of person producing or manufacturing cigarettes etc
Imprisonment for a term upto 2 years or with fine which may extend to 5000/- or with both
In case of second conviction –
Imprisonment for a term upto 5 years and with fine which may extend to 10000/-
In case of first conviction of person selling or distributing cigarettes etc
Imprisonment for a term upto 1 year or with fine which may extend to 1000/- or with both
Imprisonment for a term upto 2 years and with fine which may extend to 3000/-

29. Enforcement Procedure for S. 5, 7,8,9
Enforcement Officers: S. 12, 13
Any police officer not below rank of a sub inspector
Any officer of State Food or Drug Administration
Any other officer not below rank of SI authorised by Central/State Govt.

30. Enforcement Procedure for S. 5,7,8,9 (contd…)
Enforcement mechanisms
Enter and search factory, building, premises or any other place which he has reason to suspect might carry some advertisement material or where advertisement is being made (S. 12)
Seize such advertisements and cigarette packages etc or advertisement material that are in contravention of the Act (S. 13)
Such items seized may be confiscated (S.14)