Lok Sabha Question No. 3016 (UNSTARRED), answered on 2018-01-05
Subject: National Tobacco Control Policy
Ministry: HEALTH AND FAMILY WELFARE
Asked by: OM PRAKASH YADAV

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO. 3016 TO BE ANSWERED ON   5 TH JANUARY, 2018

## NATIONAL TOBACCO CON TROL POLICY

## 3016. SHRI OM PRAKASH YADAV:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a) whether a panel has recommended framing an 'equitable and pragmatic' National Tobacco Control Policy, if so, the details thereof and the action taken in this regard;
- (b) whether th e Government has proposed regular scrutiny for the ompliance of 'The Cigarettes and  Other  Tobacco  Products  (Prohibition  of  Advertisement  and  Regulation  of  Trade  a Commerce, Production, Supply and Distribution) Act, 2003', if so, the details thereof;
- (c ) whether the Government has requested various States to stop selling of non - tobacco products by shops which are licensed to sell tobacco products and if so, the details thereof;
- (d) whether the Government has taken note of the fact that vendors are openly selling t products to minors in close vicinity of educational institutions; and
- (e) if so, the details thereof and the necessary steps taken in this regard?

## ANSWER THE M INISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE ( SMT. ANUPRIYA PATEL )

- (a): No such recommendations have been received from any Panel. However, the Committee on  Subordinate  Legislation  (COSL)  16 th Lok  Sabha,  on  the  Cigarettes  and  Other  Tobacco Products (Packaging and Labelling) Amendment Rules, 2014, in its 11 th Report felt a need for framing  a  'National  Tobacco  Control  Policy'  which  should  be  equitable  and  pragmatic.  An Inter - Ministerial Committee of Secretaries has been constituted at the national level.
- (b): The onus of enforcing various provisions of the Cigarettes and Other Tobacco Produ (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply a Distribut ion) Act, 2003 (COTPA 2003), lies with the States/Union Territories.

Contd………..

National  Tobacco  Control  Programme  (NTCP)  was  launched  by  this Ministry  in  2007 - 08  with  one  such  objective  of  ensuring  effective  implementation  of  t provisions under C OTPA, 2003.

There  are  State  and  District  Level  Coordination  Committees  under  NTCP  to  oversee  i implementation.

Quarterly  Reports  submitted  by  the  States/Union  Territories  during  each  Financial  Year review meetings with States/UTs constitute the monitoring mechanism for implementation of the Programme.  In  addition,  the  States  submit  their  annual  activities  conducted  in  their through Programme Implementation Plan (PIP) process and the same are examined by Nationa Tobacco Control Cell. Furth er, the implementation of the Programme is being discussed during the meetings of National Programme Coordination Committee (NPCC).

(c): This  Ministry  has  written  letter  to  States/Union  Territories  to  consider  develo mechanism to provide permission /authorization through Municipal Authority/Local Authority to the retail shops who are selling tobacco products with a condition/provision in the auth that the shops authorized for selling tobacco products, cannot sell any non - tobacco product such as toffees, candies, chips, biscuits, soft - drinks, etc., which are essentially meant for children.

(d)  &  (e):As  per  Section  6  (a)  of  COTPA,  2003  read  with Cigarettes  and  Other  Tobacco Products  (Prohibition  of  Advertisement  and  Regulation  of  Trade  and  C ommerce,  Production, Supply  and  Distribution)  Amendment  Rules,  2011 ,  there  is  prohibition  on  sale  of  tobacco products to and by persons below the age of 18 years and as per Section 6 (b) of COTPA, there is prohibition on sale of tobacco products in a n area within a radius of one hundred yards of any educational institution.

It is evident from the Quarterly Reports received under COTPA, 2003 from States/Uni Territories that there is violation of this Section and accordingly action is being tak rough imposing fine on violators.

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