enforcement of tobacco control

8/8/2019 Enforcement of Tobacco Control

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NATIONAL SENSITIZATION

WORKSHOP FOR LAWENFORCEMENT OFFICIALS

FOR EFFECTIVE

IMPLEMENTATION OF THE

INDIAN TOBACCO CONTROL

ACT, 2003JANUARY 21ST, 2008


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Four Key Areas Of Tobacco

Control Law:

Prohibition of smoking in a public place S.4

Prohibition of advertisement of cigarettes and

other tobacco products S. 5 Prohibition on sale of cigarettes or other tobacco

products to and by minors S. 6

Specified health warning labels on all tobacco

products S.7


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Prohibition of smoking in a public

place S.4

S4: No person shall smoke in any public

place:

Provided that in a hotel having 30 rooms ora restaurant having seating capacity of 30

persons or more and in airports, a

separate provision for smoking area or

space may be made.


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Rules notified for ban on smoking

in public places

Cigarettes and other Tobacco Products (Prohibition of

Advertisement and Regulation of Trade and

Commerce, production, supply and distribution)

Rules, 2004 notified on 25th

Feb 2004 by theCentral Govt. in exercise of the power conferred

under S. 31 of the Act.


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in public places (Contd.)

Rule 3

- Owner or manager or person in charge of apublic place shall prominently display at least

two boards containing the warning in appropriateIndian language

NO SMOKING AREA SMOKING HEREIS AN OFFENCE

- Size of board atleast 60x30 cms- One board at the entrance and one at any

conspicuous place inside


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in public places (Contd.)Owner/manager/person in charge of a hotel having 30 rooms or

restaurant having seating capacity of thirty persons or more

and

Manager of airport shall ensure

- Smoking and non-smoking areas are segregated- Smoking area should be so located that the public is not

required to pass through it to reach non-smoking area

- Each area shall contain boards indicating thereon SmokingArea/Non-Smoking area


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Rules notified for sale of cigarettes

and other tobacco products to and

by minorsRule 5 of rules notified on 25th Feb 2004- Owner/manager/person incharge of place where cigs

or other tobacco products are sold shall display a

board containing the warning in applicable Indianlanguage SALES OF TOBACCO PRODUCTS TO APERSON UNDER THE AGE OF 18 YEARS IS APUNISHABLE OFFENCE

- Such board should be atleast of 60X 30 cms


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by minors (Contd)- Onus of proof that the buyer is not a minor lies with

the seller. The seller may request the buyer toprovide evidence of being above 18 years

- Owner/manager/person in charge of place wherecigs and other tobacco products are sold shallensure that no tobacco product is sold through avending machine in order to prevent easy access tominors

- Owner/manager/person in charge shall ensure thatno tobacco product is handled or sold by a minor.

f f f


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by minors (Contd)Rule 3 of Prohibition on sale of Cigs and other TobaccoProducts around Educational Institutions Rules 2004

notified 1st Sep 2004

- Owner/manager/any person incharge of educationalinstitution shall display and exhibit a board at aconspicuous place outside the premises prominentlystating that sale of cigs and other tobacco products ina area within a radius of one hundred yards of theeducational institution is strictly prohibited and that it

is an offence punishable with a fine which may extendto Rs. 200


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Punishment for smoking in public

places S. 21 and for sale of

cigarettes or other tobaccoproducts to and by minors S. 24

S.21 & S.24:

(1) Whoever contravenes the provisions of S. 4 and S. 6shall be punished with fine which may extend to Rs. 200

(2)Such offence shall be compoundable and shall be triedsummarily in accordance with the procedure provided forsummary trials in the CrPC.


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Definitions:

Compoundable Offence: In certain offences, the parties involved caneffect a compromise while the case is under trial in the court. Thisis called 'compounding', when further action in trial is discontinued.

Non-compoundable offence: The case cannot be compromised and

withdrawn

Summary Trial: CrPC lays down two different procedures for trial:

1. Trial under warrants cases: A case of an offence punishable withdeath or imprisonment for more than two years is called a warrantscase.

2. Trial under summons cases: All other cases are summons cases they relate to minor cases such as minor thefts, breach of peaceetc and are tried under Cr.PC by a fast track or summary process.


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Procedure for Summary Trial

(Ss.262,263,251-259 CrPC)1. After accused is brought before Magistrate, the particulars of the offence of

which he is accused shall be stated to him, and he shall be asked whether hepleads guilty or has any defence to make.

If the Accused pleads guilty:

2. If the accused pleads guilty, the Magistrate shall record the plea as nearly aspossible in the words used by the accused and may in his discretion, convicthim thereon.

3. Where a summons has been issued for a petty offence and the accuseddesires to plead guilty to the charge without appearing before the Magistrate,he shall transmit to the Magistrate, by post or by messenger, a letter containinghis plea and also the amount of fine specified in the summons. Magistrate mayin his discretion convict the accused in his absence on his plea of guilty and

sentence him to pay the fine specified in the summons and the amounttransmitted by the accused shall be adjusted towards such fine.


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Procedure for Summary Trial

ContdProcedure when not convicted:

4. If the Magistrate does not convict the accused as above, the Magistrateshall proceed to hear the prosecution and take all such evidence as maybe produced in support of the prosecution, and also to hear the accusedand take all such evidence as he produces in his defense.

5. Magistrate may on application of prosecution/accused issue summons

to any witness directing him to attend or to produce any document orother thing.

6. If the Magistrate after taking such evidence finds the accused not guilty,he shall record an order of acquittal.

7. If he finds the accused guilty he shall pass sentence upon himaccording to law.


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Who can take action against a

person violating S. 4 or S. 6?

S. 25 (1): Central Govt. or State Govt. may

by notification appoint one or more

persons as public servants who would be

responsible for taking action againstpersons violating S. 4 or S. 6.

(5): Every person so notified shall be

deemed to be a public servant.


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Procedure for prevention, detention

and place of trial for offences under

S. 4 and S. 6S.25: If the authorized person has reasonable grounds to believe that

an offence has been committed under S. 4,

1. he may take the name and address of such person to be tried

summarily.

2. he may detain such person if such person is not willing to furnishhis name and address or if he is not satisfied that such person willduly answer any summons or other proceedings which may betaken against him.

3. any person so detained shall be taken before forthwith beforeMagistrate to be dealt with according to law.


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Procedure for prevention, detention and

place of trial for S. 4 and 6

Contd4. Person accused of an offence u/S 4 shall be

triable

- in the place where he may be or

- in the place which the State Govt may

notify in this behalf or

- in any other place in which he is liable to

be tried under any law for the time being inforce


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Compounding of offences under

S. 4 and S. 6S. 28: Any offence committed under S. 4 and 6 may

either before or after the institution of the prosecutionbe compounded by such authorised officer for anamount which may not exceed Rs. 200

Where an offence has been compounded the offenderif in custody, shall be discharged and no furtherproceedings shall be taken against him in respect of

such offence.


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Prohibition of advertisement of

cigarettes and other tobacco products

S. 5S. 5(1) prohibits certain persons from directly or indirectly

(surrogate advertising) advertising or causing advertisingof cigs and other tobacco products --

Person engaged in production, supply or distribution of

cigarettes or any other tobacco products (manufacturers,shopkeepers etc)

Person purported to be engaged in production, supply ordistribution of cigarettes or any other tobacco products

Person having control over a medium (eg news papers,

visual media etc) Person taking part in advertisements (eg models etc)

P hibi i f d i f


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S. 5 (Contd.)S.5(2) specifically prohibits certain direct/indirect advertising of cigs andother tobacco products

1. Display of adv (eg person owning space where hoarding can be setup etc)

2. Selling a film or video tape containing advertisement of cigs etc (eg

swadesh)3. Distribution of leaflet, handbill or document contaning adv of cigs etc

4. Advertisement by erecting, fixing or retaining, exhibiting, anyhoarding or frame post or structure

5. Advertisement by display in vehicles

P hibiti f d ti t f


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S. 5 (Contd.)S.5(3) No person shall agree to promote useor consumption of cigarettes etc

No person shall agree to promote a trade

mark or brand name of cigs etc inexchange for sponsorship, gift, prize orscholarship (wills sponsoring a sportingevent or organizers may acceptsponsorship but are prohibited frompromoting wills (surrogate advertising))


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Rules notified for ban on advertisement,

sponsorship and promotion of tobacco

products (Contd)- The health warning should be prominent, legible

and in black colour with white background- The board shall list only the type of tobacco

product available and no brand shot or brand

name or promotional message or picture. Displayboard should not be backlit or illuminated

- In rules notified on 30th Nov 2005 it was statedthat if a television programme has a smoking

scene then at the beginning, middle and end ofthe programme/movie there should be a specifiedhealth warning and health message.

Punishment for contravention of S


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Punishment for contravention of S.

5

S.22: In case of first conviction-

- Imprisonment for a term upto 2 years or with finewhich may extend to 1000/- or with both

In case of second conviction

- Imprisonment for a term upto 5 years and withfine which may extend to 5000/-

S.23: After conviction, the advertisement materialmay be forfeited to the Govt.


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Rules notified for ban on advertisement,

sponsorship and promotion of tobacco

products Rules notified on 25th Feb 2004,

Amended Rules notified on 31 May 2005

Rules notified on 30 Nov 2005

- Size of board used for adv of cigs etc at entrance ofwarehouse or shop where these products are soldshall not exceed 60 cms X 45 cms

- Such board shall contain in an indian language ontop edge of board in a prominent manner measuring

20 X 15 cms- - Tobacco causes cancer - - Tobacco kills


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Specified health warning labels on all

tobacco products S.7, 8, 9S.7: - Every package of cigarette or other tobacco

product must bear on its label the specified earningincluding a pictoral depiction of skull and cross bonesand such other warnings as may be prescribed

restriction applies both w.r.t. manufacturer as well astrader

- cigarettes etc shall not be imported unless thepackage contains the specified health warning

- the specified warning shall appear on not less

than one of the largest panels of the package- every package shall contain the nicotine andtar contents alongwith the maximum permissible limits


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Specified health warning labels on all

tobacco products S.7, 8, 9 (Contd)

S.8 Specified warning shall be

- Legible and prominent

- Conspicuous as to size and colour

- Lettering should be bold and clearly presented in distinctcontrast to the background. Must be visible to consumer before

pack is openedS. 9 species the language in which the warning should be

Rules notified on 5th July 2006 further elaborate on specificationsof the warnings date of implementation extended to 17thMarch 2008

Punishment for contravention of S


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Punishment for contravention of S.

7

S.20: In case of first conviction of person producing or manufacturing cigarettes etc- Imprisonment for a term upto 2 years or with fine which may extend to 5000/- or

with both

In case of second conviction - Imprisonment for a term upto 5 years and with fine which may extend to 10000/-

In case of first conviction of person selling or distributing cigarettes etc- Imprisonment for a term upto 1 year or with fine which may extend to 1000/- or

with both

In case of second conviction

- Imprisonment for a term upto 2 years and with fine which may extend to 3000/-


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Enforcement Procedure for S. 5,

7,8,9

Enforcement Officers: S. 12, 13

- Any police officer not below rank of a sub inspector

- Any officer of State Food or Drug Administration

- Any other officer not below rank of SI authorised byCentral/State Govt.


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Enforcement Procedure for S.

5,7,8,9 (contd)Enforcement mechanisms

- Enter and search factory, building, premises or any other place

which he has reason to suspect might carry some advertisement

material or where advertisement is being made (S. 12)

- Seize such advertisements and cigarette packages etc oradvertisement material that are in contravention of the Act (S. 13)

- Such items seized may be confiscated (S.14)

enforcement of tobacco control

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