The Government of Karnataka (“Government”) notifies the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Karnataka Amendment) Act, 2024 (“Karnataka State Amendment Act”) to amend the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (“Principal Act”) as applicable in the State of Karnataka. The legislation will gain effect on a date to be notified separately by the State Government.
The Karnataka State Amendment Act has received Presidential assent on 23rd May 2025. The Government through the Karnataka State Amendment Act increases the legal age for sale of cigarettes or other tobacco products, prohibits use of tobacco products etc.
Background:
The Government had notified a bill on the Karnataka State Amendment Act which proposed to prohibit the use of tobacco products in public place, prohibit to open or run hookah bar in eating house or restaurant, prohibit sale of cigarettes and other tobacco products to a person below the age of twenty one years and to enhance penalties for contraventions.
Key Highlights under the Karnataka State Amendment Act:
1. Spitting of tobacco in public place* is now prohibited, in addition to existing prohibition on smoking within the jurisdiction of the State of Karnataka.
*Public place is defined under Section 3(1) of the Principal Act as any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, Court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space.
Rule 2(d) of Prohibition of Smoking in Public Places Rules, 2008 further adds that ‘public place’ also includes workplaces, shopping malls, and cinema halls.
Please also note that, according to Rule 2(c) of Prohibition of Smoking in Public Places Rules, 2008, the expression ‘open space’ does not include any place visited by the public such as open auditorium, stadium, railway station, bus stop/stand and other such places.
2. The fine for use of tobacco products (which includes smoking and spitting) in public places has been increased to Rs. 1000 from earlier fine of Rs. 200 in the State of Karnataka.
3. The legal age to purchase tobacco products in Karnataka has been raised from 18 to 21 years. Further, the sale of tobacco products within a radius of one hundred meters of any educational institution whether sold in loose or in single sticks is prohibited. The fine for contravention of this provision in the State has been increased from Rs. 200 to Rs. 1000.
4. The opening or running of hookah bar, in any place including the eating house or pub or bar or restaurant in Karnataka, is banned. Anyone found to open or run any hookah bar will attract penalty in the form of imprisonment and hefty fines.
Source: Government of Karnataka
