The Cigarettes and Other Tobacco Products (Prohibition of Advertisemet and Regulation of Trade and Cmmerce, Production, Supply and Distribution), Rules, 2004

~ ~ ~ ~-33004/99 REGD. NO. D. L.-33004/99 -«.193] .I ~~,~, ~25, 2004~ 6,1925 . No. 93] NEW DELHI, WEDNESDAY, FEBRUARY25, 2o04/PHALGUNA 6, 1925 ~m~~~'~ ( ~ ~1:fT1T ) ~~"1r 1i~, 25~, 2004 t,-31~:- I ~ I ~,~~~)~,20041"<?1 I (2) ~~~, 2004 "CIiT~"'QTit I (1)a20 01/2004 ~:~~-m-3i~~1 I ~ C!114C!1~"11*,~~Q~~+~*,~~~~~~,- (i) ~aV-1r~-~+~~~~[Tf~7TTJ;"1fi; :iii) ~~i:f;;jTi~~~I'~M"{-~~~'~~..j [~. ~.1ft-16011/2/2003-~] [ ~"qIT~:~ 3 (Departm~ of Health) Ner DeJhi,the 25th February, 1004 G.S.R 137.-In exercise of the po; conferred by Section 31 O; e Cigarett~ and other Tobacco Products (Prohl"bition of Advemsement and Regulati of Trade and Commerce, Pro ction, Su;pp1y and Distribution) Act, 2003 (34 of.2003). the Cen1ral Govemmenthereby esthefollowingroles. name! :- Short title and commencement. ~ 1) ~e I1Jles may be ~ed the Cigmjettes and othe:r Tobacco ProdUct8 (Prt!hibition of Advertisement and Regulation ofT~e attd Commerce, Produqtion, ~upply and Distribution) RUles, 2004. (2) They shall come into force on the l~ day of May, 2004. 2. DefiDitions.-1n these rules, unless the fontext otherwiserequires,- " Act" means the Cigarettes ~ other Tobacco Products (Pro~"bition of Advertisement and Regulation of Trade and Commerce, Produ~on, Supply and Distn"bution Aq, 2003; (a) "open space" mentioned in S~on 3 (1) of the Act shall not influde any place visited by the public such as open auditorium, stadium. railray station, bus stop and such rther places; and(c) wordS; and expres~ons use~ ~ ein and n?t defined in these r es but defuied in the Act, shall have the I.. (d) 3. Prohibition of smoking in a public Pt -<l) The ownerorthe ~ erorinchargeOftheaffairs ofapublicplace shall cause to be disPlayed prominentl a board, of a miniInllDl size 0 sixty centimetre .by thirty centime1re in the Indian language(s) as applicable, at I one at the entrance ofth~ p blic place and one at conspiC'llous place(s) inside, containing the warning "No S .Area--Smok:ing Here is Offence". (2) The owner o~ the manager or in ~ge of the affairs of a hotel baVjng thirty rooms or reSta1l1"3nt having seating capacity of thirty persons or more and te manager of the aitport shalliensure that,- tIle smoking and non-smo~ areas are physically segregatefi;(i) llie smoking area shall be lo~ed in such mann(a" that the p~lic is not required to pass through it in order to reach the non-smoking are.t; and I each area shall contain boardslindicating thereon "Smoking ~on-Smoking Area". (rii) (2) Each such board shall contam in ~e Indian language as applicaJle, one of the following warnings occupying twenty-five per cent; of top areaofthe~Oard, namely:- -~I Tobacco Causes Cancer, or(i) Tobacco Kills.(ri) (3) The board referred to in sub-~e (2) shall contain only the b~ name or picture of the tobacco product and no other promotional message and ptcture.. .,.1. 5. Prohibition of sale to minors.-( ~ The owner or the manag ~or e incilarge of the affairs of a pla£:e where cigarettes and other tobacco products are so d shall display a board of ..size of sixty centimetre by thirty centimetre at conspicuous place(s) containing e warning "Sale of tobacco p ducts to a person 1Ulder the age of eighteen years is a punishable offence", in h1di language(s) as applicable. . (2) The onus of proof that the bt of the tobacco product is not r minor lies with the seller of the tobacco products. The seller, in case of doubt, ma: request tobacco purchaser to rovide appropriate evidence of having reached eighteen years of age. !