alt?c1 
tartan gal sitar-t We aim
emu: near, as fatal - 110108

Government of India
Ministry of Health Family Welfare
Nirman Bhavan. New Delhi - 110108

Ke'shav Desiraju
Special Secretary

Telefax 011?2306538053
E?mall 

 

. .
Dated: January, 2013

Dear

The Cigarettes and other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 was
enacted in May 2003 essentially to discourage the consumption of cigarettes and other
tobacco products and to protect youth and the general population from the harmful
effects of tobacco use. This Act is applicable to the entire country.

2. Section 5 of the Act prohibits all forms of advertisement (direct,
indirect/surrogate), promotion and sponsorship of tobacco products. The Cigarettes and 
other Tobacco Products {Prohibition of Advertisement and Regulation of Trade and
Commerce, Production, Supply and Distribution) (Amendment) Rules, 2005 were
accordingly notified on 31.5.05 (Annexure A) providing specifications for advertisement
at the entrance of or inside a shop or warehouse (point of sale) selling tobacco-products. 

3. The implementation of Rule 4 of these rules had been stayed Bombay High
. Court in 2006. HoweVer, the Hon'ble Supreme Court in the matter of Health for Million

Vs. Union of india 8: Ors., in order of 3.1.2013, has vacated the stay order of the Bombay

High court thereby removing any lmpediment in the implementation of the above Rules.

4. The salient features of the Rules pertaining to point of sale are as follows:

The size of the board used) far the advertisement of cigarettes and any other
tobacco products displayed at the en trance of a warehouse or a shop where
cigarette or any other tobacco product is o?ered for sale shall not exceed sixty
centimeters hyfortyfive centimeters.

Each such board shall contain in an lndian language as applicable, one of the
following warnings occupying the top edge of the board in a prominent manner
measuring twenty centimeters by fifteen centimeters, namely:-

Tobacco causes cancer, or
(ii) Tobacco kills

(3) - The health warning referred to in sub-rule 2 must be prominent, legible and in
black colour with a white background. 

(4) The display board shall only list the type of tobacco products available and no
brand pack shot, brand name of the tobacco product or other promotional
message and picture shall be displayed on the board. The display board shall not
be backlit or illuminated in any manner.

It is essential'that all necessary steps are taken to implement the Rules of 31.5.05
and you may wish to issue appropriate instructions to the officers of the Health, Home
and Municipal Administration departments, as also any others who may be concerned.

Status of action taken may kindly be shared with this Department. We would be happy to
extend any technical support which you may need. 

You rs Sincerely

_/LJvav-*

Keshay Desiraju

To,

All Chief Secretaries in States/UTs

Copyto

All DG Police in States/UTS

  

Keshav Desiraj