Lok Sabha Question No. 3432 (UNSTARRED), answered on 2020-03-13
Subject: COTPA Committee
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Krupal Balaji Tumane, Hemant Patil, D. M. Kathir Anand, Shrikant Eknath Shinde, Arvind Ganpat Sawant, Unmesh Bhaiyyasaheb Patil, Sujay Radhakrishna Vikhepatil, Sambhajirao Mane Dhairyasheel

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

## LOK SABHA UNSTARRED QUESTION NO. 3432 TO BE ANSWERED ON 13 TH MARCH, 2020

## COTPA COMMITTEE

## 3432. SHRI KRUPAL BALAJI TUMANE:

SHRI HEMANT SRIRAM PATIL:

SHRI D.M. KATHIR ANAND:

DR. SHRIKANT EKNATH SHINDE:

SHRI ARVIND GANPAT SAWANT:

SHRI UNMESH BHAIYYASAHEB PATIL:

DR. SUJAY RADHAKRISHNA VIKHE PATIL:

SHRI DHAIRYASHEEL SAMBHAJIRAO MANE:

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

- (a) whether the Government is planning to reconstitute COTPA Committee, if so, the details thereof and if not, the reasons therefor and the steps taken to ensure that designated smoking areas comply with the specifications laid down in the COTPA Act;
- (b)the number of violations reported and action taken under Section 6(a) & 6(b) along with the fine collected as penalty or fine from the violators under Section 6 of the COTPA Act till now;
- (c) whether the Government proposes to increase the quantum of pena lty under COTPA Act to make it more impactful, if so, the details thereof;
- (d) the steps taken by the Government to ensure the effectiv  implementation of Article 5.3 of WHO FCTC;
- (e)  whether  Cigarettes  and  other  Tobacco  Products Reports  on  Compliance  by States (Municipalities and States as a whole) to the advisory issued has been implemented, if so, the details thereof; and
- (f) whether the Government has instructed the States/ UTs to furnish statistics about vendors booked for such violations, if so, the details thereof and the steps taken by he Government to ensure compliance of Cigarettes and Other Tobacco Products Act (COTPA), 2013 by States?

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

- ( a): The Working Group on Regulatory Mechanisms, constituted under the NashaMuktiAbhiyan  Task  Force,  has  the  mandate  to  explore  the  existing  provisions  of concerned  laws/schemes  and  to  analyse  whether  any  amendment  is  required  in  the  exist provision/ scheme.  The  recommendations  of  the  Working  Group  for  redrafting/modifying  the existing provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, (COTPA), 2003 are awaited.

Section - 4 of COTPA, 2003 read with Rules made thereunder, prohibits smoking in public places provided that in a hotel having thirty rooms or a restaurant having seating cap thirty persons or more and in the airports, a separate provision for a designated smokin space  as  specified  under  the  COTPA,  2003  and  Rules  made  thereunder  may  be  made.For effective  implementation  of  this  Section, authorized  officers  from  various  Departments  have been notified.

(b): The enforcement of provisions of COTPA, 2003 and Rules made th ereunder primarily lies with the States/Union Territories. As reported by States/Union Territories, the n persons  fined  is  9,44,679  and  amount  of  fine  collected  isRs.  7,25,48,928for  violation provisions  of  Section  6  of  COTPA,  2003. The  figure in  respect  of  States  of  Punjab  and Rajasthanis inclusive ofSection 6 & 4 of COTPA, 2003.

(c): The Working Group on Regulatory Mechanisms,constituted under the NashaMuktiAbhiyan  Task  Force,has  the  mandate  to  explore  the  existing  provisions  of concerne d  laws/schemes  and  to  analyse  whether  any  amendment  is  required  in  the  existi provision/scheme.  The  recommendations  of  the  Working  Group  for  redrafting/modifying  th existing provisions of COTPA are awaited.

(d): Article  5.3  of  WHO  FCTC  provides  that Parties  shall  act  to  protect  tobacco  control policies from commercial and other vested interests of the tobacco industry in accordanc national law.

For  effective  implementation  of  Article  5.3  of  WHO  FCTC,  this  Ministry  has communicated  to  all  States /UTs  and  all  Ministries/Departments  for  not  collaborating  with organizations funded by tobacco industry.

(e)& (f): The  enforcement  of  provisions  of  COTPA,  2003  and  Rules  made  thereunder primarily lies with the States/Union Territories. For effective impl ementation of this Section, Central Government has notified authorized officers from various Departments and also adv States/Union Territories, from time to time, for strict compliance of COTPA, 2003.

States/Union Territories submit the report on enfo rcement of provisions of COTPA, 2003 on quarterly basis.