LexThe Cigarettes and Other Tobacco Products Act, 2003
Punjab · state statute
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 19th May, 2003/Vaisakha 29, 1925 (Saka)
The following Act of Parliament received the assent of the President on the 18 th May, 2003, and is
hereby published for general information:-
THE CIGARETTES AND OTHER TOBACCO PRODUCTS
(PROHIBITION OF ADVERTISEMENT AND REGULATION
OF TRADE AND COMMERCE, PRODUCTION, SUPPLY
AND DISTRIBUTION ACT, 2003
No. 34 of 2003
[18th May, 2003.]
An Act to prohibit the advertisement of, and to provide for the regul ation 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 39 th World Health Assembly (WHO), in its
Fourteenth Plenary meeting held on the 15 th 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 43 rd World Health Assembly in its Fourteenth Plenary meeting held
on the 17 th May, 1990, reiterated the concerns expressed in the Resolution passed in the 39 th
World H ealth 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 involunta ry 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:-
2
Section 1 (1) This Act may be called the Cigarettes and Other To bacco 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 date as the Central Government may, by notification
in the Official Gazette, appoint and different dates may be appointed for different
provisions of this Act.
Section 2 It is hereby declared that it is expedient in the public interest that the Union
should take under its control the tobacco industry.
Section 3 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 producin g 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 labeling is likely to be offered to, or p urchased 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 gramma tical 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, m arked, 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 variati ons 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, 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;
(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;
Short title,
extent and
commenc
ement.
Declaration
as to
expediency
of control
by the
Union
Definitions
3
(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;
(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.
Section 4 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.
Section 5 (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 to 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 authorize to display any
advertisement of cigarettes or any other tobacco product; or
(b) Sell or cause to sell, or pe rmit or authorize to sell a film or video tape
containing advertisement of cigarettes or any other tobacco product; or
(c) Distribute, cause to distribute, or permit or authorize 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 plac e 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
any other tobacco products are offered for distribution or sale.
(3) No person, shall, under a contract or oth erwise promote or agree to promote the
use or consumption of-
(a) cigarettes or any other tobacco product; or
Prohibition
of smoking
in a public
place.
Prohibition of
advertisement
of cigarettes
and other
tobacco
products
4
(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.
Section 6 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.
Section 7 (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 th ereon, or on its label such specified warning
including a pictorial warning as may be prescribed1.
(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 ears 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 pack age 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 to bacco 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 o ther 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:
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.
Section 8 (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, p ainted or inscribed on the
1 Amended vide the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Amendment Act, 2007 (No. 38 of 2007) dated 25th September 2007
Prohibition on
sale of cigarette
or other
tobacco
products to
person below
the age of
eighteen years
and in
particular area
Restrictions
on trade and
commerce
in and
production,
supply and
distribution of
cigarettes and
other tobacco
products.
Manner in
which
specified
warning
shall be
made
5
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 son
packed as to ensure that the specified warning appearing thereon, or on its label, is,
before the package is opened, visible to the consumer.
Section 9 (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 t he 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.
Section 10 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 used on such warning and
indication is less than the height as may be prescribed by rules made under this Act.
Section 11 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.
Section 12 (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,
authorized by the Central Governmen t or by the State Government may, if
Power of
entry and
search
Language in
which the
specified
warning
shall
expressed.
Size of
letters and
figures.
Testing
laboratory
for
nicotine
and tar
contents.
6
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, shall apply to every search
and seizure made under this Act.
Section 13 (1) If any police officer, not below the rank of a sub -inspector or any officer of
State Food or Dr ug Administration or any other officer, holding the equivalent
rank being not below the rank of Sub - Inspector of Police, authorized 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
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
seizes under clause (a) of sub -section (1) shall be retained by the officer who seize the
package or advertisement material for a period e xceeding 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.
Section 14. Any package of cigarettes or any other tob acco 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 i s established to the satis faction of the court adjudging the
confiscation that the person in whose possession, power or control any such package of
cigarettes or any other tobacco products is found is not responsible for the
contravention of the provisions of this Act, the Court ma y, instead of making an order
for the confiscation of such package, make such other order authorized by this Act
against the person guilty of the breach of the provisions of this Act as it may think fit.
Section 15 . (1) Whenever any confiscation of a ny package of cigarettes or any other
tobacco products is authorized by this Act, the court adjudging it may,
subject to such conditions as may be specified in order adjudging the
confiscation, give the owner thereof an option to pay, in lieu of
confiscation, costs which shall be equal to the value of the goods
confiscated.
Confiscation
of package
Power
to seize
2 of 1974
Power to
give option
to pay costs
in lieu of
confiscation
7
(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 d istribution, 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.
Section 16. 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.
Section 17 . Any confiscation of cigarettes or any other tobacco prod ucts 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, authorize in this behalf.
Section 18. (1) No order adjudging confiscation or direct 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 inf orming 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 t herein, and, if he so desires, of being
heard personally or through a representative in the manner:
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 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 Procedu re, 1908, shall, as far as may be, apply to every proceeding referred to in
sub-section (1)
Section 19 . (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 orde r appealed against or may send back the case with such directions ad 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 confiscati on or confiscating of goods of grater
value shall not be made under this section unless the appellant has had an opportunity of making a
Adjudication
Confiscation
not to
interfere with
other
punishments
Giving
opportunity
to the owner
of seized
packages.
5 of 1908
Appeal
8
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.
Section 20 . (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 an d 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 convict ion, with
imprisonment for a term which may extend to five years and with fine
which nay 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.
Section 21 . (1) Whoever contravenes the provisions of section 4 shall be punishable
with fine which may extend to two thousand 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.
Section 22. Whoever contravenes the provisions 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.
Section 23. Where any person has been convicted under this Act for the contravention
of the prov ision 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.
Section 24. (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.
Punishment
for smoking
in certain
places
Forfeiture of
advertisement
and
advertisement
material
Punishment
for failure to
give specified
warning and
nicotine and
tar contents
Punishment for
advertisement
of cigarettes
and tobacco
products
2 of 1974
9
(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.
Section 25. (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, authorize one or more persons who
shall be competent to act under this Act:
Provided that the person so authorized may, if he has reasonable groun d fro 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 triable 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 many 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 authorized under sub -section (1) shall be deemed to be a
pubic servant within the meaning of section 21 of the Indian Penal Code.
Section 26. (1) Where an offence under this Act has bee n committed by a company,
every person who, at the time of a 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.
(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 o ffence 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 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
2 of 1974
45 of 1860
Offences by
companies
Prevention,
detention
and place of
trial of
offences
under section
4 and 6
10
(b) “director”, in relation to affirm, means a partner in the firm.
Section 27 . Notwithstanding anything contained in the Code of Criminal Procedure,
1973, an offence punishable under this Act shall be bailable.
Section 28. (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
authorized by Central Government or State Government and for n 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 sha ll be taken against him in
respect of such offence.
Section 29. 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 w hich is in good faith done or intended to be done
under this Act.
Section 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
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 amended accordingly.
Section 31 . (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 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 (b) of section 3;
(b) specify the maximum permissible nicotine and tar contents in c igarettes 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 prem ises 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.
Composition
of offences
Offences to
be bailable.
Power of
Central
Government
to make
rules
Protection
of action
taken in
good faith
Power to
add any
tobacco
products
in the
Schedule
2 of 1974
11
(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, bef ore 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 successiv e session aforesaid, both Houses agree in making
any modification in the rule or notification or both Houses agree that the rule or
notification should not be made, the rule or notification shall thereafter have effect
only in such modified form or be of n o 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.
Section 32. Nothing contained in this Act shall apply to any cigare ttes 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 authorize the export of any
package of cigarettes or other tobacco products, not containing the s pecified 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 and other tobacco products shall be deemed to be exported before the commencement
of this Act, if the necessary steps for export have alre ady been taken notwithstanding that the
actual export has not taken place.
Section 33. (1) The Cigarettes (Regulation of Production, Supply and Distribution) Act,
1975, is already repealed.
(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 the Act as if the said provisions were in force when such thing was done or
such action was taken and s hall continue in force accordingly until superseded by
anything done or any action taken under this Act.
49 of 1975
Act not to
apply to
cigarettes
and other
tobacco
products
which are
exported.
Repeal and
savings
12
THE SCHEDULE
[See section 2(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.
(i) Sections1,2,3,4,5,6(a),12(1)(b),12(2),13(1)(b),13(2),14,16,19,21,22,23,24,25,26,27,28,29,30, and 31,
came into force on 01.05.2004, vide S.O. 238(E).
(ii) Sections 7(1),(2),(3),(4),8, 9,10 and 20, came into force on 01.12.2007, vide S.O. 1955(E), dated
16.11.2007.
(iii) Sections 12(1)(a),13(1)(a),15,17,18,32 and 33, came into force on 30.07.2009, vide S.O. 1865(E).
(iv) Section 6(b) came into force on 16.09.2009 vide G.S.R. No. 680(E)