The Cigarettes (Regulations of Production, Supply and Distribution), Act,

19!
No.49 OF 1975.
[16th August, 1975.]
An act to provide for certain restrictions in reation to trade and co!!erce in, and production,
supp" and distri#ution of, cigarettes and for !atters connected there$ith or incidenta thereto.
Co""ent# %his Act #asica" provides for statutor" $arning on the cigarette pac&ets sa"ing that it
is in'urious to heath
() it enacted #" *aria!ent in the %$ent"+si,th -ear of the .epu#ic of /ndia as foo$s0+
1$Short title, e%tent and co""ence"ent$& 112 %his Act !a" #e caed the 3igarettes
1.eguation of *roduction, 4upp" and 5istri#ution2 Act, 1975.
162 /t e,tends to the $hoe of /ndia.
172 /t sha co!e into force on such date as the 3entra 8overn!ent !a", #" notification in the
Officia 8a9ette, appoint.
6.5efinitions.+ /n this Act, uness the conte,t other$ise re:uires,+
1a2 ;advertise!ent; incudes an" notice, circuar and other docu!ent and aso incudes an" visi#e
representation !ade #" !eans of an" ight, sound, s!o&e or gas<
1#2 ;cigarette; incudes,+
1i2 an" ro of to#acco $rapped in paper or in an" other su#stance not containing to#acco,
1ii2 an" ro of to#acco $rapped in an" su#stance containing to#acco, $hich, #" reason of its
appearance, the t"pe of to#acco used in the fier, or its pac&ing and a#eing is i&e" to #e
offered to, or purchased #", consu!ers as cigarette,
#ut does not incude #eedi, cheroot and cigar<
1c2 ;distri#ution; incudes distri#ution #" $a" of sa!pe.=hether free or other$ise<
1d2 ;e,port;, $ith its gra!!atica variations and cognate e,pressions, !eans ta&ing out of /ndia to
a pace outside /ndia<
1e2 ;foreign >anguage !eans a anguage $hich is neither an /ndian anguage nor the )ngish
anguage<
1f2 ;i!port;, $ith is gra!!atica variations and cognate e,pressions, !eans #ringing into /ndia
fro! a pace outside /ndia<
1g2 ;/ndian anguage; !eans a anguage specified in the )ngish 4chedue to the 3onstitution,
and incudes an" diaect of such anguage<
1h2 ;a#e; !eans an" $ritten, !ar&ed, sta!ped, printed or graphic !atter, affi,ed to, or
appearing upon, an" pac&age<
1i2 ;pac&age; incude a #o,, carton, tin, or other container<
1'2 ;prescri#ed; !eans prescri#ed #" rues !ade under this Act<
1&2 ;production;, $ith its gra!!atica variations and cognate e,pressions, incudes+
1i2 pac&ing, a#eing, re+a#eing, of containers,
1ii2 re+pac&ing fro! #u& pac&ages to retai pac&ages and
1iii2 the adoption of an" other !ethod to render the product !ar&eta#e<
12 ;sae;, $ith its gra!!atica variations and cognate e,pressions, !eans an" transfer of propert"
in goods #" one person to another, $hether for cash or on credit or #" $a" of e,change and
$hether $hoesae or retai and incudes an agree!ent for sae, an offer for sae and e,posure for
sae<
1!2 ;specified $arning;, !eans the foo$ing $arning na!e", ;3igarette s!o&ing is in'urious to
heath;.
'$Restrictions on trade and co""erce in, and production, supply and distribution of,
cigarettes$& 112 No person sha, direct" or indirect", produce supp" or distri#ute cigarettes
uness ever" pac&age of cigarettes produced suppied or distri#uted #" hi! #ears thereon, or on
its a#e, the specified $arning.
162 No person sha carr" on trade or co!!erce in cigarettes uness ever" pac&age of cigarettes
distri#uted, sod or suppied #" hi! #ears thereon, on its a#e, the specified $arning.
172 No person sha i!port cigarettes for distri#ution or supp" for a vaua#e consideration or for
sae uness ever" pac&age of cigarettes so i!ported #" hi! #ears thereon, or on its a#e, the
specified $arning.
142 %he specified $arning sha on not ess than one of the argest panes of the pac&age in $hich
cigarettes have #een pac&ed for distri#ution, sae or supp" for a vaua#e consideration.
($)anner in *hich specified *arning shall be "ade$& 112 %he 4pecified $arning on a pac&age
of cigarette sha #e+
1a2 egi#e and pro!inent <
1#2 conspicuous as to si9e and coour<
1c2 in such st"e of ettering as to #e #od" and cear" presented in distinct contrast to the other
t"pe, ettering or graphic !ateria used on the pac&age or its a#e and sha #e printed, painted or
inscri#ed on the pac&age in a coour $hich contrasts conspicuous" $ith the #ac&ground of the
pac&age or its a#e.
162 )ver" pac&age containing cigarettes sha #e so pac&ed as to ensure that the specified
$arning appearing thereon, or on its a#e, is, #efore the pac&age is opened, visi#e to the
consu!er.
!$Restrictions on ad+ertise"ents of cigarettes$& 112 No person sha advertise for the
distri#ution, sae or supp" of cigarettes, and no person sha ta&e part in the pu#ication of an"
such advertise!ent, uness the specified $arning is incuded in such advertise!ent.
162 )ver" specified $arning incuded in an advertise!ent sha #e conspicuous, egi#e and
pro!inent.
172 No person sha, $hether direct" or indirect", i!port, for the purpose of carr"ing on an" trade
or co!!erce in cigarettes, an" docu!ents artice or thing, containing an" advertise!ent $hich
vioates the provisions contained in su#+section 112 or su#+section 162.
,$-anguage in *hich the specified *arning shall be e%pressed$& 112 =here the anguage
used on a pac&age containing cigarettes or on its a#e or in an" advertise!ent reating to such
pac&age is+
1a2 )ngish, the specified $arning sha #e e,pressed in the )ngish anguage<
1#2 an" /ndian anguage or anguages, the specified $arning sha #e e,pressed in such /ndian
>anguage or anguages<
1c2 #oth )ngish and one or !ore /ndian >anguages, the specified $arning sha #e e,pressed in
)ngish as $e as in such /ndian anguage or anguages<
1d2 part" )ngish and part" an" /ndian anguage or anguages, the specified $arning sha #e
e,pressed in the )ngish anguage as $e as in such /ndian anguage or anguages<
1e2 an" foreign anguage, the specified $arning sha #e e,pressed in the )ngish anguage<
1f2 part" an" foreign anguage and part" )ngish or an" /ndian anguage or anguages, the
specified $arning sha #e e,pressed in the )ngish anguage as $e as in such /ndian anguage
or anguages.
162 No pac&age of cigarettes or its a#e or an" advertise!ent reating thereto sha contain an"
!atter or state!ent $hich is inconsistent $ith, or detracts fro!, the specified $arning.
$Si.e of letters$& No $arning sha #e dee!ed to #e in accordance $ith the provisions of this Act
if the height of each etter used in such $arning is ess than three !ii!etres.
/$Po*er of entry and search$&112 An" poice officer, not #eo$ the ran& of a su#+inspector, !a",
if he has an" reason to suspect that an" provision of this Act has #een, or is #eing, contravened,
enter and search, at reasona#e ti!e, an" factor", #uiding, #usiness pre!ises or an" other pace
$here an" trade or co!!erce in cigarettes in cigarettes is carried on or cigarettes are produced,
suppied or distri#uted.
162 %he provisions of the 3ode of 3ri!ina *rocedure, 1977 16 of 19742, sha app" to ever"
search and sei9ure !ade under this Act.
9$Po*er of sei.e$& 112 /f an" poice officer, not #eo$ the ran& of a su#+inspector, has an" reason
to #eieve that, in respect of an" pac&age of cigarettes, the provisions of this Act have #een, or
are #eing, contravened, he !a" sei9e such pac&age.
162 No pac&age of cigarettes sei9ed under su#+section 112 sha #e retained #" an" officer for a
period e,ceeding ninet" da"s fro! the date of the sei9ure uness the approva of the 5istrict
?udge, $ithin the oca i!its of $hose 'urisdiction such sei9ure has #een !ade, has #een
o#tained for such retention.
The Cigarettes (Regulations of Production, Supply and Distribution), Act,
19!
No.49 OF 1975.
[16th August, 1975.]
10$Confiscation of Pac1ages$& An" pac&age of cigarettes, in respect of $hich an" provision of
this Act has #een or is #eing contravened, sha #e ia#e to confiscation<
*rovided that, $here it is esta#ished to the satisfaction of the court ad'udging the confiscation
that the person in $hose possession, po$er or contro an" such pac&age of cigarettes is found is
not responsi#e for the contravention of the provisions of this Act, the court !a", instead of
!a&ing an order for the confiscation of such pac&age, !a&e such other order authorised #" this
Act against the person guit" of the #reach of the provisions of this Act as it !a" thin& fit.
11$Po*er to gi+e option to pay costs in lieu of confiscation$& 112 =henever an" confiscation
is authorised #" this Act, the court ad'udging it !a", su#'ect to such conditions as !a" #e
specified in the order ad'udging the confiscation, give to the o$ner thereof an option to pa", in
ieu of confiscation, such costs, not e,ceeding the vaue of the pac&age in respect of $hich
confiscation is authorised, as the court thin&s fit.
162 On pa"!ent of the costs ordered #" the 3ourt, the sei9ed pac&ages sha #e returned to the
person fro! $ho! the" $ere sei9ed on condition that such person sha, #efore !a&ing an"
distri#ution, sae or supp" of such pac&ages, get the specified $arning incorporated on each
such pac&age or on its a#e.
12$-iability to penalty$& An" person $ho carries on an" trade or co!!erce in, or $ho produces,
suppies or distri#utes, cigarettes, sha, if an" pac&age of such cigarettes does not contain the
specified $arning, #e ia#e to pa" a penat" not e,ceeding five ti!es the vaue of the pac&age of
cigarettes or one thousand rupees, $hichever is !ore, $hether or not such pac&age of cigarettes
has #een confiscated or is avaia#e for confiscation.
1'$Confiscation or penalty not to interfere *ith other punish"ents$& No confiscation !ade,,
costs ordered to #e paid or penat" i!posed under this Act sha prevent the infiction of an"
punish!ent to $hich the person affected there#" is ia#e under provisions of this Act or
1($Ad3udication$& An" confiscation !a" #e ad'udged, costs !a" #e ordered to #e paid or penat"
!a" #e i!posed,+
1a2 $ithout an" i!it, #" the principa civi court of origina 'urisdiction $ithin the oca i!its of
$hose 'urisdiction such confiscation has #een !ade, costs have #een ordered to #e paid, or
penat" has #een i!posed, as the case !a" #e<
1#2 su#'ect to such i!its as !a" #e specified #" the 3entra 8overn!ent in this #ehaf, #" such
other court, not #eo$ a civi court having pecuniar" 'urisdiction e,ceeding rupees five thousand,
as the 3entra 8overn!ent !a", #" notification in the Officia 8a9ette, Authorise in this #ehaf.
1!$4i+ing of opportunity to the o*ner of sei.ed pac1ages$& 112 No order ad'udging
confiscation or directing pa"!ent of costs or i!posing penat" sha #e uness the o$ner of the
pac&age of cigarettes has #een given a notice in $riting infor!ing hi! of the grounds on $hich it
is proposed to confiscate such pac&age, and giving hi! a reasona#e opportunit" of !a&ing a
representation in $riting $ithin such reasona#e ti!e as !a" #e specified in the notice against the
confiscation or i!position of penat" !entioned therein, and, if he so desires, of #eing heard in
the !atter0
*rovided that, $here no such notice is given $ithin a period of ninet" da"s fro! the date of the
sei9ure of the pac&age of cigarettes, such pac&age sha #e returned, after the e,pir" of that
period, to the person fro! $hose possession it $as sei9ed.
162 4ave as other$ise provided in su#+section 112, the provisions of the 3ode of 3ivi *rocedure,
19@A 15 of 19@A2, sha, as far as app" to ever" proceeding referred to in su#+section 112.
1,$Appeal$& 112 An" person, aggrieved #" an" decision #" an" decision of the court ad'udging a
confiscation, ordering the pa"!ent of costs or i!posing a penat", !a" prefer an appea to the
court to $hich an appea ies fro! the decision of such court.
162 %he appeate court !a", after giving to the appeant an opportunit" of #eing heard, pass such
order as it thin&s fit confir!ing, !odif"ing or reversing the decision or order appeaed against or
!a" send #ac& the case $ith such directions as it !a" thin& fit for a fresh decision or
ad'udication, as the case !a" #e, after ta&ing additiona evidence, if necessar"0
*rovided that an order enhancing an" penat" or fine in ieu of confiscation or confiscating goods
of greater vaue sha not #e !ade under this section uness the appeant has had an opportunit"
of !a&ing a representation and, if he so desires, of #eing heard in his defence.
172 No further appea sha ie against the order of the court of appea.
1$Penalty$& An" person $ho,+
1a2 ses, or distri#utes or suppies in the course of an" trade or co!!erce, an" pac&age of
cigarettes $hich does not contain, either on the pac&age or on its a#e, the specified $arning,
1#2 produces, or suppies or distri#utes in the course of an" trade or co!!erce, an" pac&age of
cigarettes $hich does not contain, either on the pac&age or on its a#e, the specified $arning,
1c2 advertises, or ta&es part in the advertise!ent of, cigarettes if such advertise!ent does not
incude the specified $arning,
sha #e punisha#e $ith i!prison!ent for a ter! $hich !a" e,tend to three "ears, or $ith fine
$hich !a" e,tend to five thousand rupees, or $ith #oth.
1/$5ffences by co"panies$& 112 =here an offence under this Act has #een co!!itted #" a
co!pan", ever" person, $ho, at the ti!e the offence $as co!!itted, $as in charge of, and $as
responsi#e to, the co!pan" for the conduct of the #usiness of the co!pan", as $e as the
co!pan", sha #e dee!ed to #e guit" of the offence and sha #e ia#e to #e proceeded against
and punished according"<
*rovided that nothing contained in this su#+section sha render an" such person ia#e to an"
punish!ent, if he proves that the offence $as co!!itted $ithout his &no$edge or that he had
e,ercised a due diigence to prevent the co!!ission of such offence.
162 Not$ithstanding an"thing contained in su#+section 112, $here an" offence under this Act has
#een co!!itted #" a co!pan" and it is proved that the offence has #een co!!itted $ith the
consent or connivance of, or is attri#uta#e to an" negect on the part of, an" director, !anager,
secretar" or other officer of the co!pan", such director, !anager, secretar" or other officer sha
#e proceeded against and punished according".
),panation.+ For the purposes of this section,+
1a2 ;co!pan"; !eans an" #od" corporate and incudes a fir! or other association of individuas<
and
1#2 ;director;, in reation to a fir!, !eans a partner in the fir!.
19$5ffences to be cogni.able and bailable$& 112 Not$ithstanding an"thing contained in the
3ode of 3ri!ina *rocedure, 1977, an offence punisha#e under this Act sha #e #aia#e.
162 For the avoidance of dou#ts, it is here#" decared that ever" offence punisha#e under this Act
sha #e cogni9a#e.
20$Protection of action ta1en in good faith$& No suit, prosecution or other ega proceeding
sha ie against the 3entra 8overn!ent or an" 4tate 8overn!ent or an" officer of the 3entra
8overn!ent or na" 4tate 8overn!ent for an"thing $hich is in good faith done or intended to #e
done under this Act.
21$Po*er to "a1e rules,& 112 %he 3entra 8overn!ent !a", #" notification in the Officia
8a9ette, !a&e rues to carr" out the provisions of this Act.
162 /n particuar, and $ithout pre'udice to the generait" of the foregoing po$er, such rues, !a"
provide for a or an" of the foo$ing !atters, na!e"0+
1a2 the !anner in $hich the sei9ure of an" pac&age of cigarettes sha #e !ade and the !anner
in $hich sei9ure ist sha #e prepared and deivered to the person fro! $hose custod" an"
pac&age of cigarettes has #een sei9ed<
1#2 procedure for the refund of an" penat" i!posed under this Act<
1c2 an" other !atter $hich is re:uired to #e, or !a" #e, prescri#ed.
172 )ver" rue !ade under this Act sha #e aid, as soon as !a" #e after it is !ade, #efore each
Bouse of *aria!ent, $hie it is in session, for a tota period of thirt" da"s $hich !a" #e
co!prised in one session or in t$o or !ore successive sessions, and if, #efore the e,pir" of the
session i!!ediate" foo$ing the session or the successive sessions aforesaid, #oth Bouses
agree in !a&ing an" !odification in the rue or #oth Bouses agree that the rue shoud not #e
!ade, the rue sha thereafter have effect on" in such !odified for! or #e of no effect, as the
case !a" #e< so, ho$ever, that an" such !odification or annu!ent sha #e $ithout pre'udice to
the vaidit" of an"thing previous" done under that rue.
22$Act not to apply to cigarettes *hich are e%ported$& Nothing contained in this Act sha app"
to an" cigarette or pac&age of cigarettes $hich is e,ported0
*rovided that nothing in this section sha #e dee!ed to authorise the e,port of an" pac&age of
cigarettes, not containing the specified $arning to an" countr" if the a$ in force in that countr"
re:uires that the sa!e or si!iar $arning sha #e specified on each pac&age of cigarettes.
),panation.+ For the purposes of this section an" cigarette or pac&age of cigarettes sha #e
dee!ed to #e e,ported if the necessar" steps for e,port have aread" #een ta&en not$ithstanding
that the actua e,port has not ta&en pace.