Lok Sabha Question No. 970 (UNSTARRED), answered on 2019-11-22
Subject: Violation of COTPA, 2003
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Kirit Premjibhai Solanki, Rajendra Agrawal

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

## LOK SABHA UNSTARRED QUESTION NO. 970 TO BE ANSWERED ON 22 ND NOVEMBER, 2019

## VIOLATION OF COTPA, 2003

## 970. DR. (PROF.) KIRIT PREMJIBHAI SOLANKI: SHRI RAJENDRA AGRAWAL:

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

- (a) whether the Government is aware of rampant violations of the 100 yard distance lim tobacco sellers from schools and universities as prescribed by COTPA, 2003 and proposes to set up a task force and also sought report from States/UTs, if so, the details thereof;
- (b)  whether  the  Government  has  taken  steps  to  ensure  the  designated  smoking  areas complying with the specifications laid down in the Cigaret tes & Other Tobacco Products Act (COTPA), 2003, if so, the details thereof;
- (c) whether the Government has taken any steps or proposes to take steps to remove desig smoking area from various Airports in India in the interest of public health and if so, the details thereof;
- (d)  whether Government  has  taken  steps  to  re -introduce  the  Cigarettes  and  Other  Tobacco Products  (Prohibition  of  Advertisement  and  Regulation  of  Trade  and  Commerce,  Productio Supply  and  Distribution)  (Amendment)  Bill,  if  so,  the  details  thereof  and  if  not,  the ons therefor; and
- (e)  whether  the  process  of  reintroduction  of  the  said  Bill  is  likely  to  be  steered force/reconstituted COTPA Committee, if so, the details thereof?

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

- (a): A s  per  Section  6  (b)  of Cigarettes  and  Other  Tobacco  Products  (Prohibition  of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Act, 2003 (COTPA, 2003) , there is prohibition on sale of tobacco products in an area within a radius of one hundred yards of any educational institution.

The  enforcement  of  provisions  of  COTPA,  2003  and  Rules  made  thereunder  is  the responsibility  of  the  States/Union  Territories.  States/UTs  are  required  to  subm it  a  quarterly report  on  the  violation  of  COTPA,  2003  including  Section - 6(b)  of  the  COTPA,  2003  and  as reported by States/Union Territories, violation of Section - 6 is noticed.

No  such  proposal  to  set  up  a  task  force  at  Central  level  is  under  consideratio n.  For effective implementation of this Section, Central Government has notified authorized of from various Departments and also advised States/Union Territories, from time to time, fo compliance of Section - 6 of COTPA, 2003. The Ministry has also issued the revised 'Guidelines for Tobacco Free Educational Institution'.

(b):Section - 4  ofCOTPA,  2003 prohibits  smoking  in  public  places  provided  that  in  a  hote having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for a designated smoking area or space may be made.

The  enforcement  of  provisions  of  COTPA,  2003  and  Rules  made  thereunder  is  the responsibility  of  the  States/Union  Territories.  For  effective  implementation  of  this Section, Central Government has notified authorized officers from various Departments.

(c) to (e): No such proposal is under consideration at present.

……………….