Lok Sabha Question No. 986 (UNSTARRED), answered on 2020-09-18
Subject: Ban on Use and Spitting of Tobacco Products in Public Places
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Hemant Patil, Shrikant Eknath Shinde, Vinayak Bhaurao Raut, Unmesh Bhaiyyasaheb Patil, Sambhajirao Mane Dhairyasheel, Sujay Radhakrishna Vikhepatil

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

## LOK SABHA UNSTARRED QUESTION NO. 986 TO BE ANSWERED ON 18 TH SEPTEMBER, 2020

## BAN ON USE AND SPITT ING OF TOBACCO PRODU CTS IN PUBLIC PLACES

## 986. SHRI HEMANT SRIRAM PATIL:

SHRI DHAIRYASHEEL SA MBHAJIRAO MANE:

SHRI VINAYAK RAUT:

DR.SHRIKANT EKNATH S HINDE:

SHRI UNMESH BHAIYYAS AHEB PATIL:

DR.SUJAY RADHAKRISHN A VIKHE PATIL:

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

- (a) the total number of violation of the guidelines under COTPA, 2003 reported so far a action taken thereon under the Act;
- (b) the total amount collected in form of penalty or fine from the violators under the Act s
- (c)  the  steps  taken/proposed  to  be  taken  by  the  Government  in  consultation  with  the Governments to ban the hookah bars and use of tobacco products and spittin g in public places amid COVID - 19;
- (d) the number of the states which banned the sale, use and spitting of other tobacco amid COVID 19; and
- (e) the total number of cases reported under section 77 of JJ Act, 2015 for selling pr minors and p unitive action taken thereon?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE

## (SHRI ASHWINI KUMAR CHOUBEY)

- (a) & (b): The enforcement of provisions of Cigarettes and other Tobacco Products (Prohi of Advertisement and Regul ation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA 2003), 2003 and Rules made thereunder primarily lies with the States/Uni Territories.

As per the information received from States/Union Territories, the number of per fined and amount of fine collected for violation of the provisions of COTPA, 2003, during -08 to 2020 - 21 (upto June, 2020) is 26,16,050 and Rs. 37,33,64,148 respectively.

(c)  &  (d):  Section - 4  of  the  Act,  prohibits  smoking  in  a  public  place,  including restaurants provided  that  in  a  hotel  having  thirty  rooms  or  a  restaurant  having  seating  capacity persons or more and in the airports, there is a separate provision of smoking area. Furth Rules made under the Act, no service shall be al lowed in any smoking area or space provided for smoking.

Public Health being a State subject, the action for banning of hookah bars and spit public places lies with the State Governments.

States of Gujarat, Maharashtra, Punjab, Rajasthan, Delhi, J harkhand and Haryana have issued explicit Notifications/orders to prohibit hookah bars.

In view of the increasing danger of COVID - 19 pandemic, Ministry of Health & Family Welfare, Government of India has issued advisories/directives to States/UTs, to take necessary measures  under  the  appropriate  law  to  prohibit  the  use  and  spitting  of  chewing  smok tobacco products in public.

Directives have also been issued by the Ministry of Home Affairs, Government of In under Disaster Management Act, 2005 for pr ohibiting sale of tobacco products and spitting in public places.

As per information received from 35 States/UTs, 8 States have banned the sale of tob products;  22  States/UTs  have  banned  the  use  of  tobacco  products  in  public  places  an States/UTs ha ve banned the spitting in public places.

(e):  As  per  the  information  received  from  Ministry  of  Women  &  Child  Development, Government of India which administers the Juvenile Justice (Care and Protection of Childre Act,  2015,  no  such  data  is  maintained  ce ntrally  by  the  Ministry  of  Women  &  Child Development.