Lok Sabha Question No. 5691 (UNSTARRED), answered on 2019-07-26
Subject: COTPA, 2003
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Parvesh Sahib Singh, Shrikant Eknath Shinde, Vinayak Bhaurao Raut

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

## LOK SABHA UNSTARRED QUESTION NO. 5691 TO BE ANSWERED ON 26 TH JULY, 2019

COTPA, 2003

## 5691. SHRI PARVESH SAHIB SINGH: DR. SHRIKANT EKNATH SHINDE: SHRI VINAYAK RAUT:

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

- (a) whether the Government proposes to remove the provisions of allowing designated smok areas and allowing Point of Sale advertising under the COTPA, 2003, if so , the details thereof;
- (b) number of violations reported under Section 4 of COTPA, 2003 and the number of peo fined for violating the smoking ban since October 2, 2008 till date;
- (c) whether the Government has received reports of rampant violations of COTPA, 2003 around schools where tobacco products are sold to children within 100 yards, if so, the details t
- (d)  whether  the  Government  has  instructed  the  States/UTs  to  furnish  statist ics  about  vendors booked for such violations, if so, the details thereof;
- (e) whether the Government has issued advisory to States/UTs for introducing Vendor Licen for selling of tobacco products, if so, the details thereof; and
- (f) whether the Gov ernment is taking steps to spread awareness to prevent people from violat smoking ban at public places, if so, the details thereof?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI ASHWINI KUMAR CHOUBEY)

- (a): There is no such proposal at present.
- (b): As per information received from States/UTs, 29,23,311 persons were fined for viola the smoking ban during the period 2007 - 08 to 2018 - 19. The figure is inclusive of persons fined under Section 6 also in respect of Sta tes of Delhi, Punjab and Rajasthan.

(c) & (d): Section 6  of  the  Cigarettes  and  Other  Tobacco  Products  (Prohibition  of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Act,  2003  (COTPA,  2003)  prohibits  sale  of cigarettes  or  any  other  tobacco  products  to  any person who is under eighteen years of age; and in an area within a radius of one hundred any educational institution.

The  enforcement  of  provisions  of  COTPA,  2003  and  Rules  made  thereunder  is  the re sponsibility of the States/Union Territories. As reported by States/Union Territories, of Section - 6 is noticed. The number of persons fined and amount of fine collected for viol of the provisions of Section 6 during 2018 - 19 is at Annexure .

For effective implementation of this Section, Central Government has authorized off from various Departments and advises States/Union Territories, from time to time, for th compliance  of  Section - 6  of  COTPA,  2003.  On  31.05.2019,  the  Ministry  ha s  also  issued  the 'Guidelines for Tobacco Free Educational Institution(Revised)'.

(e): Vendor Licensing is under the purview of State/UT Government and Local Bodies.

(f): To prevent people from violating smoking ban at public places, there is a provis ion to display specified signage at public places in the form as prescribed in the Rules mad COTPA, 2003. Different modes of communication viz. TV, Radio, Print media, social media films,  etc.  and  displaying  of  awareness  material  in  trade  fairs,  me l s  etc.,  are  also  used  for creating more awareness among people.

## Annexure

## Challan Details under Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) for 2018-19

## (As per the information received from the States/Union Territories)

|                   | 2018-19              | 2018-19                   | 2018-19              | 2018-19                   |
|-------------------|----------------------|---------------------------|----------------------|---------------------------|
| States/UTs        | Section-6(a)         | Section-6(a)              | Section-6(b)         | Section-6(b)              |
|                   | No. of persons fined | Amount collected (in Rs.) | No. of persons fined | Amount collected (in Rs.) |
| Arunachal Pradesh | 0                    | 0                         | 1                    | 200                       |
| Assam             | 0                    | 0                         | 62                   | 4240                      |
| Bihar             | 130                  | 950                       | 138                  | 2400                      |
| Chhattisgarh      | 321                  | 65726                     | 990                  | 8690                      |
| Delhi             | 299                  | 93000                     | 472                  | 178510                    |
| Gujarat           | 8712*                | 1434970*                  | 8712*                | 1434970*                  |
| Haryana           | 70                   | 1400                      | 0                    | 0                         |
| Jammu and Kashmir | 0                    | 0                         | 01                   | 200                       |
| Jharkhand         | 318                  | 63600                     | 78                   | 15600                     |
| Karnataka         | 945                  | 125123                    | 1139                 | 114195                    |
| Kerala            | 75                   | 103000                    | 843                  | 113100                    |
| Madhya Pradesh    | 41                   | 3720                      | 117                  | 14580                     |
| Maharashtra       | 905                  | 184650                    | 1006                 | 209160                    |
| Mizoram           | 34                   | 3,720                     | 83                   | 5,850                     |
| Nagaland          | 0                    | 0                         | 266                  | 49,930                    |
| Puducherry        | 0                    | 0                         | 24                   | 8700                      |
| Punjab            | 23886~               | 1314215~                  | 23886~               | 1314215~                  |
| Rajasthan         | 29885~               | 95487                     | 29885~               | 5000                      |
| Sikkim            | 07                   | 900                       | 11                   | 1870                      |
| Tamil Nadu        | 1581                 | 330300                    | 4844                 | 1010400                   |
| Tripura           | 23                   | 2180                      | 1                    | 200                       |
| Uttar Pradesh     | 34                   | 6750                      | 22                   | 4320                      |
| Uttarakhand       | 57                   | 8300                      | 213                  | 10800                     |