Enforcement of Anti-Tobacco Laws

The enforcement of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) lies with the states.

The data on violation of various provisions of COTPA (for the period from April, 2012 to September, 2013) as received from various states where the National Tobacco Control Programme (NTCP) is under implementation are given below:

Status of the number of people fined/challaned under various provisions of COTPA

S.No.	States	Challaning Mechanism for COTPA
		Number of People Fined/ Challaned	Amount Collected (In Rs.)
1	Rajasthan	12,891	13,51,314
2	Assam	786	87,863
3	Karnataka	19,030	19,58,724
4	West Bengal	None	NA
5	Tamil Nadu	26,081	27,73,750
6	Uttar Pradesh	156	17,820
7	Gujarat	7,037	3,80,005
8	Delhi	6,802	3,07,010
9	Madhya Pradesh	No Data Shared	12,020
10	Nagaland	None	NA
11	Tripura	None	NA
12	Mizoram	599	41,454
13	Arunachal Pradesh	Nil	NA
14	Sikkim	89	5,200
15	Jharkhand	None	NA
16	Bihar	239	34,650
17	Uttarakhand	None	NA
18	Maharashtra	12	1,800
19	Goa	2,031	2,03,020
20	Andhra Pradesh	71,705	52,83,948
21	Odisha	8,758	7,26,949

The Government has taken the following key steps:

·The Cigarettes and Other Tobacco Products (Display of board by educational Institutions) rules were notified vide G.S.R 40(E) dated 19.01.2010 and enforced from the same date. These rules prohibit the sale of tobacco products within 100 yards of educational Institutions.

· The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2011 were notified vide G.S.R 619(E) dated 11.08.2011. These Rules mandate prohibition of sale of tobacco products to and by persons below the age of eighteen years and recovery of fine thereon by the authorized officers.

· Law Enforcers Manual has been developed, updated and disseminated to the States/Union Territories.

· States have been assisted in organizing various capacity building programmes for Law enforcers from the support available under the National Tobacco Control programme (NTCP).

· CBSE has adopted tobacco-free educational guidelines, developed by Ministry of Health & Family Welfare and made them compulsory for the schools affiliated with them.

·Ministry has been taking regular feedback from states and communicating with them on the shortfalls noticed in implementation of the National Tobacco Control Programme as well as in enforcement of anti-tobacco laws and regulations.

·Vide letter dated 22.08.2013, the Secretary Health & Family Welfare wrote to all the Chief Secretaries and Director Generals of Police in Sates/Union Territories for implementing the Rules related to Regulation of Advertisements at Points of Sale.

· Based upon the request of Ministry of Health & Family Welfare the  Secretary, Ministry of Home Affairs vide letter dated 07.05.2014 sent an advisory to the Director Generals of Police in States /Union Territories to incorporate COTPA as one of the agenda items in the Monthly Crime Review Meetings at the District Level.

·Vide letter dated 04.06.2014 Additional Secretary, Ministry of Health & Family Welfare, has written to all the Chief Secretaries and Administrators in States /Union Territories to make compliance to COTPA a necessary condition in the licenses being issued to eating house and restaurants.

The Health Minister was replying to a question in the Lok Sabha here today.

Courtesy : pib.nic.in