Tobacco
Control Act in India
COTPA
Cigarettes and Other tobacco products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution) Act,
2003 COTPA is applicable to all products containing tobacco in any form i.e.
cigarettes, cigars, beedis, gutka, pan masala (containing tobacco), Mavva, Khaini, snuff etc.
The
Act extends to whole of India Main Provisions of Tobacco Control Act, 2003
Section
4 : Bans Smoking in all “public places A “public Place “ means any place to
which the public have access, whether as of right or not, and includes :
•
Hotels
•
Restaurants, coffee houses, pubs, bars, airport lounges, and other such places
visited by the general public
•
Workplaces
•
Shopping malls
•
Cinema Halls
•
Educational Institutions and Libraries
•
Hospitals
•
Auditorium, open auditorium, amusement centres, stadium, railway station, bus
stop etc.
Section
4 also provides Display of prominent non smoking signs eg. “Smoking here is
strictly prohibited” is mandatory at all public places COTPA Signage
Specifications.
The board shall be of minimum size of
60 cm by 30 cm of white background.
It shall contain a circle of no less than 15
cm outer diameter with a red perimeter of no less than 3 cm wide with a
picture, in the centre, of a cigarette or beedi with black smoke and crossed by
a red band.
The width of the red band across the cigarette shall equal
the width of the red perimeter
The board shall contain the warning “No Smoking Area- Smoking
Here is an Offence”, in English or one Indian language, as applicable
The board shall be prominently displayed at each entrance of
the public place and a conspicuous place(s) inside
Enforcement: Of section 4 can be done by following officers
Public places: Head of the institution, health directors, central/state
administrator heads, anti-tobacco nodal officers, Railways: Station leaders
Government offices: Gazettes officers
Hospitals: Hospital heads (i.e., directors, superintendents,
administration heads)
Post offices: Post masters
Private
offices/workplaces: Office head (i.e., managers, administration heads)
Educational institutions: Institution heads (i.e.,
principals, headmasters, teachers)
Libraries: Library heads, assistants,
and librarians
Airports: Airport heads (i.e., managers, airport/airline
officers) Compliance of the act Individuals in charge of public places and
workplaces (i.e., owners, proprietors, managers, supervisors) shall be held
responsible for complying with the law by ensuring.
Must be visible to consumer before pack is opened Enforcement
Agencies for implementation of tobacco control act
• Any Police Officer, not below the rank of Sub Inspector
• Any Officer of State Food or Drug Administration
• Any Officer, holding the equivalent rank, not below the
rank of Sub Inspector of Police. As authorized by Central/State Governments
Punishment For Violations
• A fine up to Rs.200/-for offenses relating to smoking in
public places and sale of tobacco products to minors; can be imposed by any
officer as authorized by the central/state govt.
• Offences relating to the direct and indirect advertising of
tobacco product is punishable with maximum of 2 years of imprisonment or/and
with fine upto Rs. 1000. In subsequent offence, imprisonment up to 5 years and
with fine upto Rs 5000/-
• Any person who produces or
manufactures cigarettes or other tobacco products which do not contain, either
on the package or on their label, the specified warnings and nicotine and tar
contents, shall in case of first conviction be punishable with imprisonment for
a term which may extend to two years , or with a fine which may extend to 5000
Rs , or with both and for the second and subsequent conviction , with
imprisonment for a term which may extend to 5 years and with fine which may
extend to 10000 Rs.
The
Mission of the Program
