The Cigarettes
(Regulations of Production, Supply and Distribution), Act, 1975
No.49 OF 1975.
[16th August,
1975.]
An act to provide for certain restrictions in relation
to trade and commerce in, and production, supply and distribution
of, cigarettes and for matters connected therewith or incidental
thereto.
Comment: This Act basically provides for
statutory warning on the cigarette packets saying that it is
injurious to health
BE it enacted by
Parliament in the Twenty-sixth Year of the Republic of India as
follows:-
1.Short
title, extent and commencement.- (1) This Act may be called the
Cigarettes (Regulation of Production, Supply and Distribution) Act,
1975.
(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.
2.Definitions.- In this
Act, unless the context otherwise requires,-
(a)
"advertisement" includes any notice, circular and other document and
also includes any visible representation made by means of any 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 filler, or its packing and labelling
is likely to be offered to, or purchased by, consumers as
cigarette,
but does not include beedi, cheroot and
cigar;
(c) "distribution" includes distribution by way of
sample.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 is grammatical variations and
cognate expressions, means bringing into India from a place outside
India;
(g) "Indian language" means a language specified in
the English Schedule to the Constitution, and includes any dialect
of such language;
(h) "label" means any written, marked,
stamped, printed or graphic matter, affixed to, or appearing upon,
any package;
(i) "package" include a box, carton, tin, or
other container;
(j) "prescribed" means prescribed by rules
made under this Act;
(k) "production", with its grammatical
variations and cognate expressions, includes-
(i) packing,
labelling, re-labelling, of containers,
(ii) re-packing from
bulk packages to retail packages and
(iii) the adoption of
any other method to render the product marketable;
(l)
"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, an offer for
sale and exposure for sale;
(m) "specified warning", means
the following warning namely, "Cigarette smoking is injurious to
health".
3.Restrictions on trade and
commerce in, and production, supply and distribution of,
cigarettes.- (1) No person shall, directly or indirectly,
produce supply or distribute cigarettes unless every package of
cigarettes produced supplied or distributed by him bears thereon, or
on its label, the specified warning.
(2) No person shall
carry on trade or commerce in cigarettes unless every package of
cigarettes distributed, sold or supplied by him bears thereon, on
its label, the specified warning.
(3) No person shall import
cigarettes for distribution or supply for a valuable consideration
or for sale unless every package of cigarettes so imported by him
bears thereon, or on its label, the specified warning.
(4)
The specified warning shall on not less than one of the largest
panels of the package in which cigarettes have been packed for
distribution, sale or supply for a valuable consideration.
4.Manner in which specified
warning shall be made.- (1) The Specified warning on a package
of cigarette shall be-
(a) legible and prominent ;
(b)
conspicuous as to size and colour;
(c) in such style of
lettering as to be boldly and clearly presented in distinct contrast
to the other type, lettering or graphic material used on the package
or its label and shall be printed, painted or inscribed on the
package in a colour which contrasts conspicuously with the
background of the package or its label.
(2) Every package
containing cigarettes shall be so packed as to ensure that the
specified warning appearing thereon, or on its label, is, before the
package is opened, visible to the consumer.
5.Restrictions on
advertisements of cigarettes.- (1) No person shall advertise for
the distribution, sale or supply of cigarettes, and no person shall
take part in the publication of any such advertisement, unless the
specified warning is included in such advertisement.
(2)
Every specified warning included in an advertisement shall be
conspicuous, legible and prominent.
(3) No person shall,
whether directly or indirectly, import, for the purpose of carrying
on any trade or commerce in cigarettes, any documents article or
thing, containing any advertisement which violates the provisions
contained in sub-section (1) or sub-section (2).
6.Language in which the
specified warning shall be expressed.- (1) Where the language
used on a package containing cigarettes or on its label or in any
advertisement relating to such package 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 English 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 the 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 its label or
any advertisement relating thereto shall contain any matter or
statement which is inconsistent with, or detracts from, the
specified warning.
7.Size of letters.- No
warning shall be deemed to be in accordance with the provisions of
this Act if the height of each letter used in such warning is less
than three millimetres.
8.Power of entry and
search.-(1) Any police officer, not below the rank of a
sub-inspector, may, if he has any reason to suspect that any
provision of this Act has been, or is being, contravened, enter and
search, at reasonable time, any factory, building, business premises
or any other place where any trade or commerce in cigarettes in
cigarettes is carried on or cigarettes are produced, supplied or
distributed.
(2) The provisions of the Code of Criminal
Procedure, 1973 (2 of 1974), shall apply to every search and seizure
made under this Act.
9.Power of seize.- (1) If
any police officer, not below the rank of a sub-inspector, has any
reason to believe that, in respect of any package of cigarettes, the
provisions of this Act have been, or are being, contravened, he may
seize such package.
(2) No package of cigarettes seized under
sub-section (1) shall be retained by any officer for a period
exceeding ninety days from the date of the seizure unless the
approval of the District Judge, within the local limits of whose
jurisdiction such seizure has been made, has been obtained for such
retention.
10.Confiscation of
Packages.- Any package of cigarettes, in respect of which any
provision of this Act has been or is being contravened, shall be
liable to confiscation;
Provided that, where it is
established to the satisfaction of the court adjudging the
confiscation that the person in whose possession, power or control
any such package of cigarettes is found is not responsible for the
contravention of the provisions of this Act, the court may, instead
of making an order for the confiscation of such package, make such
other order authorised by this Act against the person guilty of the
breach of the provisions of this Act as it may think fit.
11.Power to give option to
pay costs in lieu of confiscation.- (1) Whenever any
confiscation is authorised by this Act, the court adjudging it may,
subject to such conditions as may be specified in the order
adjudging the confiscation, give to the owner thereof an option to
pay, in lieu of confiscation, such costs, not exceeding the value of
the package in respect of which confiscation is authorised, as the
court thinks fit.
(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 distribution, sale or supply of such packages, get the specified
warning incorporated on each such package or on its label.
12.Liability to penalty.-
Any person who carries on any trade or commerce in, or who produces,
supplies or distributes, cigarettes, shall, if any package of such
cigarettes does not contain the specified warning, be liable to pay
a penalty not exceeding five times the value of the package of
cigarettes or one thousand rupees, whichever is more, whether or not
such package of cigarettes has been confiscated or is available for
confiscation.
13.Confiscation or penalty
not to interfere with other punishments.- No confiscation made,,
costs ordered to be paid or penalty imposed under this Act shall
prevent the infliction of any punishment to which the person
affected thereby is liable under provisions of this Act or
14.Adjudication.- Any
confiscation may be adjudged, costs may be ordered to be paid or
penalty may be imposed,-
(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, or penalty has been imposed, as the
case may be;
(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, Authorise in this behalf.
15.Giving of opportunity to
the owner of seized packages.- (1) No order adjudging
confiscation or directing payment of costs or imposing penalty shall
be unless the owner of the package of cigarettes has been given a
notice in writing informing 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 or imposition of penalty mentioned therein, and, if he
so desires, of being heard in the matter:
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, such package
shall be returned, after the expiry of that period, to the person
from whose possession it was seized.
(2) Save as otherwise
provided in sub-section (1), the provisions of the Code of Civil
Procedure, 1908 (5 of 1908), shall, as far as apply to every
proceeding referred to in sub-section (1).
16.Appeal.- (1) Any person,
aggrieved by any decision by any decision of the court adjudging a
confiscation, ordering the payment of costs or imposing a penalty,
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 order appealed against or may send back the case with
such directions as 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 penalty or
fine in lieu of confiscation or confiscating goods of greater value
shall not be made under this section unless the appellant has had an
opportunity of making a representation and, if he so desires, of
being heard in his defence.
(3) No further appeal shall lie
against the order of the court of appeal.
17.Penalty.- Any person
who,-
(a) sells, or distributes or supplies in the course of
any trade or commerce, any package of cigarettes which does not
contain, either on the package or on its label, the specified
warning,
(b) produces, or supplies or distributes in the
course of any trade or commerce, any package of cigarettes which
does not contain, either on the package or on its label, the
specified warning,
(c) advertises, or takes part in the
advertisement of, cigarettes if such advertisement does not include
the specified warning,
shall be punishable with imprisonment
for a term which may extend to three years, or with fine which may
extend to five thousand rupees, or with both.
18.Offences by companies.-
(1) Where an offence under this Act has been committed by a company,
every person, who, at the time the 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 offence 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 of the company, such director, manager, secretary or
other officer shall be proceeded against and punished
accordingly.
Explanation.– For the purposes of this
section,-
(a) "company" means any body corporate and includes
a firm or other association of individuals; and
(b)
"director", in relation to a firm, means a partner in the
firm.
19.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 every offence
punishable under this Act shall be cognizable.
20.Protection of action
taken in good faith.- 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 nay State
Government for anything which is in good faith done or intended to
be done under this Act.
21.Power to make rules,-
(1) The Central Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this
Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules, may provide for all
or any of the following matters, namely:-
(a) the manner in
which the seizure of any package of cigarettes 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 has been
seized;
(b) procedure for the refund of any penalty imposed
under this Act;
(c) any other matter which is required to be,
or may be, prescribed.
(3) Every rule made under this Act
shall be laid, as soon as may be after it is made, before 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 successive sessions
aforesaid, both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no
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.
22.Act not to apply to
cigarettes which are exported.- Nothing contained in this Act
shall apply to any cigarette or package of cigarettes which is
exported:
Provided that nothing in this section shall be
deemed to authorise the export of any package of cigarettes, not
containing the specified warning to any country if the law in force
in that country requires that the same or similar warning shall be
specified on each package of cigarettes.
Explanation.- For
the purposes of this section any cigarette or package of cigarettes
shall be deemed to be exported if the necessary steps for export
have already been taken notwithstanding that the actual export has
not taken place.