THE CIGARETTE AND

OTHER PRODUCTS ACT,

2003
PR OH IBITIO N O F ADV, T RAD E , C OMM, D IS TR IBU T IO N

COTPA, 2003
1. Short Title, extent, and commencement
The act may be called COTPA, 2003, in its abbreviation
It extends to the whole of India
It shall come in force upon notification by Central Government or Official Gazette

2. Declaration as to expediency of control by Union

The Union must take control of the tobacco industry at earliest, hereby

3. Definitions
1. Advertisement Visible representation by notice, circular, label, wrapper announcements
made by producing, light, smoke or gas
2. Cigarette any roll of tobacco wrapped in paper or otherwise, even if containing tobacco
3. Distribution distribution by way or samples, free or otherwise
4. Export taking out of India to a place outside India
5. Import bringing into India, from a place outside India
6. Indian Language Any language specified in the Eight schedule to the Constitution of
India
7. Package Wrapper, box, carton, tin or other container
8. Production making of cigarettes, cigars, cheroot, beedis, cigarette tobacco, pipe tobacco,
hookah tobacco, chewing tobacco, pan masala or snuff including packaging/repackaging
9. Public Place Any place public has access to, whether of right or not, open space or not

COTPA, 2003
3. Definitions
10. Sale Any transfer of property in goods by one person to another, on cash or credit
11. Smoking Smoking of tobacco, any form of cigarette, cigar, beedis, with aid of pipe, wrapper
12. Specified Warning Any warning against the use of cigarette or other tobacco product to be
printed or painted or inscribed on package of cigarette
13. Open Space Not inclusive of any public place like, auditorium, stadium, railway station and
indirect advertisement
(use of a brand in advertisement of other goods, or trademark, or use of particular colours or
layout, which are associated with tobacco product)
15. Word or expressions used for promotion Brand name can no longer be used for
services, events or other goods, or use of smoking while promoting other products
16. Principal Display Area two equal largest surface area (Box) , entire surface visible(Pouch),
entire curved surface area (Cone/Cylinder), entire surface area (other shapes)

4. Prohibition of smoking in a public place

NO PERSON SHALL SMOKE IN A PUBLIC PLACE
(except a hotel with >30 capacity, with special marked smoking zone)
60x30 sqcm board saying the above, in a prominent conspicious at entrance of public place
A person must not have to pass through a smoking area to reach a non-smoking area
No ashtrays, matches lighters, anything that promotes smoking are provided in public
place

COTPA, 2003

COTPA, 2003
5. Prohibition of advertisement of cigarettes and other tobacco products
1. The size of board used for the advertisement of cigarettes and any tobacco
products displayed at the entrance of a warehouse or a shop shall not exceed
60cm x 45cm
2. Each such board shall contain in an Indian language as applicable the
following warnings, in a prominent manner measuring 20cm x 15cm
TOBACCO CAUSES CANCER or TOBACCO KILLS
3. The warning must be prominent, in black colour on white background
4. The display board shall only list the type of tobacco, not brand pack shot or
brand name, or other promotional message
5. Cigarettes and other tobacco products cannot be placed in a way easily visible
to persons below 18years of age
6. No individual or person or character shall display tobacco product
Old movies, programmes must bear a warning, and live coverage of news/ current
affairs, must be suitably edited by the producers
In case of Old films, of any origin, the film screening, must display anti-tobacco
message for not less than 15 seconds, per thirty minute interval (now 30 seconds)

COTPA, 2003
5. Prohibition of advertisement of cigarettes and other tobacco products
7. For the new films of any origin, the use of tobacco related products, must be edited, if
not, under strong justification on script grounds, must be rated A
The film shall show a disclaimer at the beginning, middle and end of the film for 30 seconds
The concerned actor shall disclaim, the ill effects of use of such products, same frequency
In course of the film, an anti-tobacco health warning scroll will be continuously displayed
Close-up of tobacco products or brands shall not be permitted in the film
License of the theatre of hotel is suspended/cancellable
The warning must be in bold, black font in white background

8. Wherever brand names or logos or product forms or pictures to be printed in any form
or print or media, it shall be mandatory to crop these parts or mask the same to be
not visible,
except in case of live or deferred live telecast or other event outside India, aired in India

9. A steering committee formed with representation from IB ministry, Law ministry,

Advertising Standards Council of India, M.P.s, and Voluntary Organisations

6. Prohibition on sale of cigarette or other tobacco product to a person below age

of eighteen years & 100 yards around educational institution

MOVIES SMOKING SCENE

COTPA, 2003
7. Restrictions on trade and commerce in, production, supply and
distribution of cigarettes and other tobacco products
1. No person can directly or indirectly trade, produce, supply, distribute or import COTP,
unless every packet carries a label with the pictorial warning as prescribed
2. Same also applies, that every packet must declare on its label the tar and nicotine
contents, and may be exempt, provided it is below the permissible limits by the Act

8. Manner in which the warning shall be made

1. Legible, Prominent, Conspicious as to size and colour
2. Lettering style to be bold and clearly in distinct constrast, with the background

9. Language in which specified warning shall be expressed

1.
2.
3.
4.
5.

English
Any Indian language or both
Not partly in mix of languages, instead all of them, in whole
Any foreign language along with English
No packet shall bear a label, which detracts from the specified warning

10.Size of letters and figures

Height and size of the letters must be in accordance with the Act rules (3.5mm height)

PACKET WARNING

COTPA, 2003
11.Testing laboratory for nicotine and tar contents
Nicotine and tar contents must be tested in Central Government deemed laboratories
upon notice by the Official Gazette

12.Power of Entry and Search

Any Police Officer, not below the rank of S-I or equivalent grade, may enter the premise
of any factory, building, involved in tobacco activities, if theres reason to believe any
provision of the Act has been contravened

13.Power to seize
1. Any Police Officer, not below the rank of S-I or equivalent grade, may seize any tobacco
product or merchandise or advertisement, if theres reason to believe any provision of the
Act has been contravened
2. No packet of cigarette or other tobacco product seized under the above clause, shall be
retained for a period greater than 90 days, from the date of seizure, by the officer, unless
approved by the District Judge

14.Confiscation of package
Any package of cigarettes or other tobacco products, believed to be in contravention of the
Act, shall be liable for confiscation, provided that, it is established to the satisfaction of the
court, that

COTPA, 2003
15.Power to give option to pay costs in lieu of confiscation
Whenever confiscation of any packet occurs, the court by adjudging, subject to
conditions, give the owner thereof, an option to pay, in lieu of confiscation, cost equal to
the value of the goods confiscated. Upon payment, the confiscated goods be released

16.Confiscation not to interfere with other punishments

of

No confiscation made, costs ordered to be paid under the Act, shall prevent the infliction
any other punishment to the person, affected by other laws

17.Adjudication
be

Any confiscation of cigarette or other tobacco products may be adjudged or costs may
ordered to be paid without any limit by the principal Civil Court, or subject to the limits
specified by the Central Government on this behalf

18.Giving oppurtunity to the owner of seized packages

Before any order adjudging confiscation or direct payment of costs, shall be made after
the owner or person in possession of the package is given a notice in writing, regarding
the grounds of confiscation, and giving an oppurtunity for representation in writing, within
reasonable time

19.Appeal
Any person aggrieved by the decision of Court judgement may appeal in higher Court
Appellate court may pass an order, confirming/modifying/reversing decision or fresh trial

COTPA, 2003
20.Punishment for failure to give specified warning
1. Producer/manufacturer faces conviction, punishable with imprisonment up to maximum
of two years, or with fine which may extend to five thousand rupees or both
2. Seller/distributor faces imprisonment of a term of one year, or fine which may extend to
one thousand rupees or both

21.Punishment for smoking in certain places

1. Punishable with fine, extending to two hundred rupees
2. Offence shall be tried summarily in accordance with procedure for summary trials in Code
of Criminal Procedure, 1973

22.Punishment for advertisement of cigarette and tobacco products

1. First conviction two years imprisonment or one thousand rupees, or both
2. Subsequent convictions five years imprisonment or five thousand rupees or both

23.Forfeiture of advertisement and related materials

1. If convicted, all advertisement and related materials may be forfeited to the Govt and
shall be sdisposed off in such manner as prescribed by the rules of the Act

24.Punishment for sale of cigarettes or other tobacco to underage persons

1. Punishable with fine, extending to two hundred rupees
2. Offence shall be tried summarily in accordance with procedure for summary trials

COTPA, 2003
25.Prevention, detention and place of trial of offences
1. Official Gazette may authorise one or more persons, under public service, competent
enough to detain the person, up on reasonable grounds for the same
2. Person detained must be taken before a Magistrate, and has right to write to Government
to be tried under any law, in any place

26.Offences by companies
1. Company committed in charge of, and responsible for the wrong-doing, shall be deemed
to be guilty of the offence and shall be liable to be punished accordingly
2. If the offence committed, can be proven attributable to any director, manager, secretary,
or other officer, such person shall be proceeded against and punished accordingly

27.Offences to be bailable
Any and all offence under this Act shall be bailable

28.Composition of offences
Any compounded offence shall also be punishable by fine up to 200 Rs

29.Protection of action taken in good faith

No suit, prosecution shall lie against the Central Government, for anything done in good faith

30.Power to add any tobacco products in the Schedule

Govt, may add any other product, with similar content to this Act, with no less than 3-months
notice

COTPA, 2003
31.Power of Central Government to make rules
1. The Government of India may make rules to carry out the Provisions of the Act
2. Without the prejudice to the generality of foregoing power, such rules may provide for
1.
2.
3.
4.
5.

6.

Specifying the form and manner in which the WARNING shall be given
Specify the maximum permissible nicotine and tar contents in cigarettes and other Tobacco Products
Specify the manner in which the warning shall be inscribed on each package of cigarettes or other
tobacco products
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
Provide for the manner in which the entry into and search of premises is to be confiscated and the
manner in which the seizure of any package of tobacco product shall be made and manner in which
the list of seizures shall be made
Provide for any other matter which is required to be or maybe, prescribed

3. Every rule of this Act, and every notification shall be laid before the houses of Parliament,
while it is in a session for 30 days, comprised in one, or two successive sessions, and that
any modification suggested at these sessions, agreed upon by both Houses, shall be
without prejudice to the validity of anything previously done

32.Act not to apply to cigarettes or tobacco products exported

Nothing contained in this Act shall apply to any cigarettes or other tobacco products
being
exported, provided, the specified warning or tar/nicotine content declaration is not
required by law in force in that country, requiring the same

COTPA, 2003
31.Power of Central Government to make rules
1. The Government of India may make rules to carry out the Provisions of the Act
2. Without the prejudice to the generality of foregoing power, such rules may provide for
1.
2.
3.
4.
5.

6.

Specifying the form and manner in which the WARNING shall be given
Specify the maximum permissible nicotine and tar contents in cigarettes and other Tobacco Products
Specify the manner in which the warning shall be inscribed on each package of cigarettes or other
tobacco products
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
Provide for the manner in which the entry into and search of premises is to be confiscated and the
manner in which the seizure of any package of tobacco product shall be made and manner in which
the list of seizures shall be made
Provide for any other matter which is required to be or maybe, prescribed

3. Every rule of this Act, and every notification shall be laid before the houses of Parliament,
while it is in a session for 30 days, comprised in one, or two successive sessions, and that
any modification suggested at these sessions, agreed upon by both Houses, shall be
without prejudice to the validity of anything previously done

32.Act not to apply to cigarettes or tobacco products exported

Nothing contained in this Act shall apply to any cigarettes or other tobacco products
being
exported, provided, the specified warning or tar/nicotine content declaration is not
required by law in force in that country, requiring the same

COTPA, 2003
31.Repeal and Savings
1. The Cigarettes (Regulation or Production, Supply and Distribution) Act, 1975 is hereby
repealed
2. Notwithstanding such repeal, anything done in accordance with the aforesaid act, and
inconsistent with the provisions of this Act, shall continue, until superseded by anything
done or any action taken under this Act

COTPA 2003, + REVISIONS

Sr. No.

Person authorised to take action

Public Place

Vice-chancellor or Director or Proctor or Principal or Headmaster or In-charge of educational institution

Educational Institution

Inspectors of Central Excise/Income-Tax/Customs/SalesTax/Health

All Public Places, in their

jurisdiction

Station Master/Asst. Station Master/Station Head/In-charge

Railways et al

All Gazetted Officers of State/Central Govt or Eqvt Rank in

PSU/ Autonomous Organisation

Govt Offices and offices

of autonomous bodies

Director/Medical Superintendent/Hospital Administrator

Govt/Pvt Hospitals

Head of Institutions/ HR Manager/ Head of Administration

Private Offices/
Workplaces

Post Master or above

Post Office, respectively

All Police officers of the rank Sub-Inspector of Police and

above

All Public Places

Librarian/ Asst Librarian/ In-Charge/ Administrative staff

Library, Reading rooms

10

Airport Manager/ Officers of AAI and other airlines

Airports

11

Director Public Health/ Director Health Services

All Public Places

COTPA 2003, + REVISIONS

Sr. No.

Person authorised to take action

Public Place

12

In charge Administration in Central / State Government

All Public Places

13

Nodal Officers/ Focal points of Anti-Tobacco Cell

All Public Places

14

Police officers of the rank Sub-Inspector of Police and

above

All Public Places in

jurisdiction

15

Officers of State Food and Drug Administration not below

the rank of Sub-inspector of Police

All Public Places in

jurisdiction

16

Representatives of Panchayat System (Sarpanch,

Secretary)

All Public Places in

jurisdiction

17

District Program Manager/ Finance Manager District

Health Society

All Public Places in

jurisdiction

18

Civil Surgeon/ Chief Medical Officer at District Hospital

Hospital Building/ Health

Institutions

19

Inspectors of Schools/ District Education Officer

Educational Institution

20

Traffic Superintendent/ Bus station officer/ Ticket Collector

Public Conveyances

21

Travelling Ticket Examiner/ Chief Ticket Inspector/ Ticket

Collector/ Officers not below Sub-Inspector of RPF

Railways