Cotpa 03

National Tobacco Control Act
and enforcement strategies

Dr.Rajive K. Dikshit
MD,FCCM,MPH
MO I/C
Department of health & Family Welfare
Uttarakhand

TOBACCO CONTROL ACT, 2003
Cigarettes and Other tobacco products
(Prohibition of Advertisement and Regulation of Trade
and Commerce, Production, Supply and Distribution)
Act, 2003

SCOPE OF THE ACT
 The Act is applicable to all products containing
tobacco in any form i.e. cigarettes, cigars,
cheroots, bidis, gutka, pan masala (containing
tobacco) khaini, mawa, mishri, snuff etc. as
detailed in the schedule to the Act.

 The Act extends to whole of India.

Provisions under the
Tobacco Control Act, 2003

MAIN PROVISIONS OF THE ACT
 Prohibition of smoking in public places.

 Prohibition of advertisement, sponsorship and
promotion of tobacco products.

 Prohibition of sale of tobacco products to minors.

 Prohibition of sale of tobacco products near
educational institutions.

 Display of pictorial health warning on tobacco
products packs.

 Regulation of tar and nicotine contents of tobacco
products.

Prohibition on smoking in public places
Section 4 of Tobacco Control Act, 2003 provides;
 Smoking in all “public places” is prohibited.

 A “public place” means any place to which the public have
access, whether as of right or not, and includes auditorium,
hospital buildings, railway waiting room, amusement centers,
restaurants, public offices, court buildings, educational
institutions, libraries, public conveyances and like which are
visited by general public but does not include any open space.

 Creation of smoking areas – In restaurants, hotels and airports
smoking areas are to be physically segregated in such a manner
that the air from these areas does not circulate to the non-
smoking areas.

 Display of prominent non smoking signs is mandatory at all
public places.

Notification of New Rules on Ban on Smoking in
Public Places
 Rules on ban on smoking in public places
notified vide G.S.R. 417(E) dated 30th May,
2008.

 These Rules cover all public places
including workplaces, refreshment rooms,
banquet halls, discotheques, canteen,
coffee house, pubs, clubs, Hookah bars,
bars, shopping malls and cinema halls,
airport lounge, and the like.

 Impose liability on the person incharge of a
Public Place to ensure that the public place
under his jurisdiction is a smoke free place.

Notification of New Rules on Ban on Smoking in
Public Places
 Give detailed technical specifications of the defined smoking
area/place.

 A list of authorized persons to act and compound offences
relating to public smoking.

 Boards containing the warning “No
Smoking Area- Smoking Here is an
Offence” to be displayed prominently at
the entrance of public places.

 These Rules came into force on 2nd
October, 2008

Prohibition of advertisement, promotion and
sponsorship of all tobacco products
Section 5 of Tobacco Control Act, 2003 provides :
 Both direct & indirect advertisement of
tobacco products prohibited in all forms of
audio, visual and print media

 Total ban on sponsoring of any sport and
cultural events by cigarette and other tobacco
product companies

 No trade mark or brand name of cigarettes or
any tobacco product to be promoted in
exchange for sponsorship, gift, prize or
scholarship

 No person, under contract or otherwise, to
promote or agree to promote any tobacco
product.

Amendment Rules for
Section 5

The rules relating to prohibition of
advertisement, sponsorship and
promotion of tobacco products were
amended and notified on 31st May 2005,
further amended in October 2006.

Amendment rules notified in 2005
 Ban on sale of tobacco products through vending
machines
 Ban on sale of tobacco products by minors
 Restrictions on the content, size and number of
point of sale of advertisements
 Ban on visible stacking of tobacco products at the
point of sale to prevent easy access to minors
 To prevent brand sharing and surrogate advertising
of tobacco products; ‘indirect advertising’ has been
comprehensively defined.

Amendment rules………contd.
 Ban on display of tobacco
products or their use in movies or
television

 Health warning to be placed as a
prominent bottom scroll in
cinema and television
programmes, which have been
produced prior to this notification

 Ban on display of names / logos
of tobacco brands in any manner
during media coverage of
international events sponsored by
tobacco manufacturers.

Prohibition on Sale to Minors
Section 6 (a) of Tobacco Control Act,
2003 provides;

 Sale of tobacco products to persons
under the age of 18 is prohibited.

 The seller should ensure that the person
who is buying the tobacco product is
not a minor.

 A display board to be put up at the
point of sale declaring that “sale of Sale of cigarettes & other
tobacco products to minors is tobacco products to
minors is prohibited
prohibited”.

Prohibition on sale of tobacco
products near educational institutions

Section 6 (b) of Tobacco Control Act, 2003 provides;
In order to restrict access of youth for tobacco products, the
sale of the same is prohibited in an area within radius of 100
yards of any educational institution.
A display board to be put up
outside the educational
institutions declaring the same.

Students displaying boards in their schools
prohibiting sale of tobacco products within the
100 yards of educational institutions in Delhi

Health warnings on tobacco products packs
Section 7 of Tobacco Control Act, 2003 provides;

 All tobacco product packages to carry prominent and legible health
warnings.

 These warning shall also be pictorial in nature.

 The warnings will given in the same language as given on the
pack.

 All imported tobacco products should also carry the specified
warnings.

PROVISIONS TO BE IMPLEMENTED……..

 Provisions related to display of
pictorial health warning on
tobacco products packs have
been notified on 15 March 2008
and will be implemented w. e. f.
31st May, 2009.

 The rules related to “Regulation of tar and nicotine
contents of tobacco products” will be notified once
laboratory capacity is built to test the tar and nicotine
contents.

Enforcement agencies and mechanisms
 Any police officer, not below the rank of Sub-Inspector

 Any officer of State Food or Drug Administration

 Any other officer, holding the equivalent rank being not
below the rank of Sub-Inspector of Police

- Any other Official as authorized by the Central/State
Governments.

Action to be taken at state level
 Notify authorized officers for the effective implementation of
the various provisions of the Act in the State/UT

 Establish dedicated State Tobacco Control Cells.

 Give wider publicity in print and electronic media for the
provisions of the Act.

 Setting up of Steering/Monitoring Committee at
State/District level.

 Establish a mechanism /system for reporting violations at
state level e.g. Quit line/Helpline

Action to be taken at state level
 Display Act and Rules on the official web-site.

 Develop effective mechanisms for enforcement and
monitoring of the provisions of the Act by:

• reporting violations of any provisions of the Act by general public/civil society
and taking immediate action on such reporting;

• conducting regular raids in public places to prevent smoking in public places;

• ensuring that the “No sale to minors” , “No smoking in public places” and
“No sale around educational institutions” boards are duly installed;

• ensuring removal/confiscation of hoardings and other material which amount
to advertisement of tobacco products etc,.

Section - 4

‘Prohibition on smoking in
public places’

List of authorized officers as per notification of new
rules on ban on smoking in Public Places
SI.No. Person Authorized to take action Description of

1. Inspectors of Central Excise/Income-tax Customs/Sales Tax/Health/Transport All Public Places within their
and above jurisdiction
2. Station master/Asstt. Station Master/Station Head/Station incharge Railways and all its premises

3. All Gazetted Officers of State/Central Government or equivalent rank and above Government offices/premises
in Autonomous Organizations/PSU and offices of the autonomous
bodies and corporations

4. Director/Medical Superintendent/Hospital Administrator Government and

5. Post master and above Respective post Office in their
jurisdiction
6. Head of the Institution/HR Manager/Head of administration Private Offices/Workplaces

7. College/School/Headmaster Principal/Teacher Respective Educational
Institutions
8. Librarian/Asstt. Librarian/Library incharge/other administrative staff in library. Libraries/Reading Rooms

9. Airport Manager/Officers of Airport Authority of India and Officers of all Airports
schedule Airlines
10. Director Public Health/Director Health Services All Public Places
11. In charge administration in Central/State Government All Public Places

12. Nodal Officers/Focal Points of Anti-Tobacco Cell at District and State level All Public Places

STEP by STEP Approach
 Display boards as per specifications in non smoking areas.
 Notify and display the name of a person to whom a complaint
may be made, in case someone is found violating the law.
 Train and inform the persons within the institutions
responsible for implementing the act, including their duties,
responsibilities under the law. The consequence of non-
compliance is clearly spelt out. Also, train the enforcers about
the mechanism of issuing challan /compounding of offences
and imposing fine.
 Educate the staff about the provisions of the smoke-free rules.
 Constitute a core group/task force for regular monitoring,
surprise checks to and ensure monitoring & compliance.
 The funds collected by compounding the offence may be
deposited in the account as specified by the department of
Health

Toll free help-line

1800 - 110 - 456

Models of channelising the funds : MODEL - 1

 Create a separate head of account as has been
done by Delhi / Gujarat Government under the
department of Health in which the fine collected
by various agencies/officers are deposited. This
will enable Deptt. of Health to use the fund for
tobacco control activities. The head under which
the fine is to be credited may be indicated at the
bottom of the receipt itself.

Models of channelising the funds : MODEL - 2

 The fine collected by various agencies may be
deposited to a miscellaneous account of
department of Health. In case the states have a
separate account for National Tobacco Control
Programme in the Health Society, the funds may
be deposited in this account.

Section - 5

Prohibition of advertisement,
promotion and sponsorship of all
tobacco products

Prohibition of advertisement, promotion and
sponsorship of all tobacco products

Steering Committee for monitoring the
violations under Section 5 of the Tobacco Control
Act, 2003 was constituted with representatives
from various stakeholders ministries and civil
society and the Secretary (Health) as its
Chairman.

Secretary, Mo H & FW : CHAIRMAN.
Members of the committee:
• Shri Sachin Pilot, MP
 JS, Min of I & B, GOI.
 JS Min of Law & Justice, GOI.
 JS Dept of Consumer Affairs, GOI.
 Director General, DAVP, GOI.
 Director General PIB.
 Rep from Advertising Standard Council of India (ASCI).
 Rep of Press Council of India.

NGO’s

 Ms. Shoba John, PATH Canada.
 Monika Arora, HRIDAY, New Delhi
 Shri R Arul, Pasumai Thaayagam, Chennai.
 Shri Alok Mukhopadhyay, VHAI, New Delhi.

Steering Committee decisions
A meeting of the Committee was held on 21st Feb 2008 and
following decisions were taken:

 Matter related to violation of section – 5 to be taken up with Controller
General, Patents Design & Trademark for follow up and appropriate action

 State/Dist level Steering/Monitoring Committees to be constituted.

 Online system of reporting violations on the MoHFW website being
established. Director PH is the Nodal Person for follow-up action of the
violations reported. (dirph-mohfw@nic.in)

 A dedicated awareness campaign regarding the committees to be launched.

 All the specific cases being referred to states for follow-up action.

Constitution of State & District level committees

Members of the committee at State level

Secretary, Health & Family Welfare Chairman
State Focal Point Member Secretary
Rep of Dte GHS Member
Representative of the DG of the State Police Member

Representative of a leading NGO working in Member
the field of Health/Tobacco Control (to be
nominated by Health Secretary

Academician /Psychologist /Sociologist (one Member
each to be nominated by Secretary -H)

Partnering together to
fulfill the vision of a
healthy, tobacco free
world

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