Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise & Customs)
New Delhi, dated the 1st September, 2009.
Circular No. 896 /16/ 2009-CX
To,
All Director Generals,
All Chief Commissioners of Central Excise (including LTU),
All Chief Commissioners of Customs,
All Commissioners of Central Excise (including LTU),
All Commissioners of Customs.
Sir/ Madam,
Subject: Implementation of the provisions of COTP Act, 2003 and The Cigarettes
and Other Tobacco Products (Packaging and Labelling) Rules, 2008”- Empowering
the Customs & Central Excise Officers - regarding
Ministry of Health & Family Welfare has notified the Cigarettes and Other
Tobacco Products (Packaging and Labelling) Rules, 2008 prescribing the manner in
which the specified health warning shall be displayed on the tobacco product
packs covering all types of tobacco products, produced, supplied or distributed
in India. The Rules have come into effect from 31.05.2009. In this regard,
Board’s instructions of even number dated 02.06.2009 may also be referred. All
the tobacco products manufactured/ packaged/ imported for sale in India have to
bear the specified health warnings as prescribed. A copy of relevant rules/
notifications which have now been received from the Ministry of Health & Family
Welfare, is enclosed for ready reference.
- Further, the Ministry of Health & Family Welfare has vide Notification dated
30.07.2009 [S.O.1866 (E)] issued from F.No.P-16011/7/2005-PH-I (copy enclosed),
notified all officers of the level of Superintendent and above of the Customs &
Central Excise as competent to act under Sections 12 and 13 of the COTP Act,
2003 and conferred to them the power of Entry, Search and Seizure under the
provisions of the said Act. It is clarified here that the officers are empowered
under these provisions only for the places registered with the Central Excise
department like factory, and not for other premises of dealers/ retail shops,
which are not registered with the department.
- In view of above, the officers of Central Excise & Customs should ensure that
no tobacco products are cleared from the premises registered with the Central
Excise department or imported into India without bearing the specified health
warning and other requisites as prescribed in the Rules.
- Trade & Industry as well as field formations may be suitably informed.
- Receipt of this circular may kindly be acknowledged.
- Hindi version will follow.
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Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008
Notification dated 30.07.2009 by Ministry of Health & Family Welfare
Notification empowering officers of Customs and Central Excise
Yours faithfully,
(Amish Kumar Gupta)
OSD (CX-8)
F.No.267/50/2007-CX-8