NATIONAL SENSITIZATION WORKSHOP FOR LAW ENFORCEMENT OFFICIALS FOR by nbv20251

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									 NATIONAL SENSITIZATION
   WORKSHOP FOR LAW
 ENFORCEMENT OFFICIALS
     FOR EFFECTIVE
 IMPLEMENTATION OF THE
INDIAN TOBACCO CONTROL
        ACT, 2003
     JANUARY 21ST, 2008
   Four Key Areas Of Tobacco
          Control Law:

• Prohibition of smoking in a public place –
  S.4
• Prohibition of advertisement of cigarettes
  and other tobacco products – S. 5
• Prohibition on sale of cigarettes or other
  tobacco products to and by minors – S. 6
• Specified health warning labels on all
  tobacco products – S.7
 Prohibition of smoking in a public
            place – S.4
S4: No person shall smoke in any public
  place:
Provided that in a hotel having 30 rooms or
  a restaurant having seating capacity of 30
  persons or more and in airports, a
  separate provision for smoking area or
  space may be made.
Definitions:
S. 3(l): “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 centres, restaurants, public
  offices, court buildings, educational
  institutions, libraries, public conveyances
  and the like which are visited by general
  public but does not include any open
  space
Rules notified for ban on smoking
in public places
Cigarettes and other Tobacco Products
  (Prohibition   of   Advertisement      and
  Regulation of Trade and Commerce,
  production, supply and distribution) Rules,
  2004 – notified on 25th Feb 2004 by the
  Central Govt. in exercise of the power
  conferred under S. 31 of the Act.
Rules notified for ban on smoking
in public places (Contd….)
Rule 3
- Owner or manager or person in charge of a
  public place shall prominently display at least
  two boards containing the warning in appropriate
  Indian language
       ‘NO SMOKING AREA – SMOKING HERE
                 IS AN OFFENCE’
- Size of board – atleast 60x30 cms
- One board at the entrance and one at any
  conspicuous place inside
Rules notified for ban on smoking
in public places (Contd….)
Owner/manager/person in charge of a hotel having 30
  rooms or restaurant having seating capacity of thirty
  persons or more
                            and
Manager of airport shall ensure
- Smoking and non-smoking areas are segregated
- Smoking area should be so located that the public is not
  required to pass through it to reach non-smoking area
- Each area shall contain boards indicating thereon
  “Smoking Area/Non-Smoking area”
Prohibition on sale of cigarettes or
other tobacco products to and by
minors – S. 6
     No person shall (i) sell (ii) offer for sale
    (iii) or permit sale of, cigarette or any
    other tobacco product-
(a) To a minor (under 18) and
(b) In an area within a radius of one hundred
    yards of any educational institution
Rules notified for sale of cigarettes
and other tobacco products to and
by minors
Rule 5 of rules notified on 25th Feb 2004
- Owner/manager/person incharge of place where
  cigs or other tobacco products are sold shall
  display a board containing the warning in
  applicable Indian language “SALES OF
  TOBACCO PRODUCTS TO A PERSON
  UNDER THE AGE OF 18 YEARS IS A
  PUNISHABLE OFFENCE”

- Such board should be atleast of 60X 30 cms
Rules notified for sale of cigarettes
and other tobacco products to and
by minors (Contd…)
- Onus of proof that the buyer is not a minor lies
  with the seller. The seller may request the buyer
  to provide evidence of being above 18 years
- Owner/manager/person in charge of place
  where cigs and other tobacco products are sold
  shall ensure that no tobacco product is sold
  through a vending machine in order to prevent
  easy access to minors
- Owner/manager/person in charge shall ensure
  that no tobacco product is handled or sold by a
  minor.
Rules notified for sale of cigarettes
and other tobacco products to and
by minors (Contd…)
Rule 3 of Prohibition on sale of Cigs and other
  Tobacco        Products      around     Educational
  Institutions Rules 2004 – notified 1st Sep 2004
- Owner/manager/any          person    incharge      of
  educational institution shall display and exhibit a
  board at a conspicuous place outside the
  premises prominently stating that sale of cigs
  and other tobacco products in a area within a
  radius of one hundred yards of the educational
  institution is strictly prohibited and that it is an
  offence punishable with a fine which may extend
  to Rs. 200
Punishment for smoking in public
places – S. 21 and for sale of
cigarettes   or   other   tobacco
products to and by minors – S. 24
S.21 & S.24:
(1) Whoever contravenes the provisions of S. 4 and S. 6
   shall be punished with fine which may extend to Rs. 200

(2)Such offence shall be compoundable and shall be tried
   summarily in accordance with the procedure provided for
   summary trials in the CrPC.
Definitions:
Compoundable Offence: In certain offences, the parties involved can
   effect a compromise while the case is under trial in the court. This
   is called 'compounding', when further action in trial is discontinued.

Non-compoundable offence: The case cannot be compromised and
   withdrawn

Summary Trial: CrPC lays down two different procedures for trial:
1. Trial under warrants cases: A case of an offence punishable with
   death or imprisonment for more than two years is called a warrants
   case.
2. Trial under summons cases: All other cases are summons cases –
   they relate to minor cases such as minor thefts, breach of peace
   etc and are tried under Cr.PC by a fast track or summary process.
       Procedure for Summary Trial
       (Ss.262,263,251-259 CrPC)
1.   After accused is brought before Magistrate, the particulars of the offence
     of which he is accused shall be stated to him, and he shall be asked
     whether he pleads guilty or has any defence to make.

If the Accused pleads guilty:
2.     If the accused pleads guilty, the Magistrate shall record the plea as
       nearly as possible in the words used by the accused and may in his
       discretion, convict him thereon.

3.   Where a summons has been issued for a petty offence and the accused
     desires to plead guilty to the charge without appearing before the
     Magistrate, he shall transmit to the Magistrate, by post or by messenger,
     a letter containing his plea and also the amount of fine specified in the
     summons. Magistrate may in his discretion convict the accused in his
     absence on his plea of guilty and sentence him to pay the fine specified
     in the summons and the amount transmitted by the accused shall be
     adjusted towards such fine.
      Procedure for Summary Trial
               Contd…
Procedure when not convicted:
4.  If the Magistrate does not convict the accused as above, the
    Magistrate shall proceed to hear the prosecution and take all such
    evidence as may be produced in support of the prosecution, and
    also to hear the accused and take all such evidence as he
    produces in his defense.
5.  Magistrate may on application of prosecution/accused issue
    summons to any witness directing him to attend or to produce any
    document or other thing.
6.  If the Magistrate after taking such evidence finds the accused not
    guilty, he shall record an order of acquittal.
7.  If he finds the accused guilty he shall pass sentence upon him
    according to law.
   Who can take action against a
   person violating S. 4 or S. 6?
S. 25 (1): Central Govt. or State Govt. may
  by notification appoint one or more
  persons as public servants who would be
  responsible for taking action against
  persons violating S. 4 or S. 6.
      (5): Every person so notified shall be
  deemed to be a public servant.
Procedure for prevention, detention
and place of trial for offences under
S. 4 and S. 6
S.25: If the authorized person has reasonable grounds to believe that
     an offence has been committed under S. 4,
1.   he may take the name and address of such person to be tried
     summarily.

2.   he may detain such person if such person is not willing to furnish
     his name and address or if he is not satisfied that such person will
     duly answer any summons or other proceedings which may be
     taken against him.

3.   any person so detained shall be taken before forthwith before
     Magistrate to be dealt with according to law.
  Procedure for prevention, detention and
          place of trial for S. 4 and 6
                    Contd…
4. Person accused of an offence u/S 4 shall
   be triable
   - in the place where he may be or
   - in the place which the State Govt may
     notify in this behalf or
   - in any other place in which he is liable
     to be tried under any law for the
     time being in force
  Compounding of offences under
         S. 4 and S. 6
S. 28: Any offence committed under S. 4 and 6
  may either before or after the institution of the
  prosecution be compounded by such authorised
  officer for an amount which may not exceed Rs.
  200

  Where an offence has been compounded the
  offender if in custody, shall be discharged and
  no further proceedings shall be taken against
  him in respect of such offence.
Prohibition of advertisement of
cigarettes and other tobacco products –
S. 5
S. 5(1) prohibits certain persons from directly or indirectly
    (surrogate advertising) advertising or causing
    advertising of cigs and other tobacco products --
•   Person engaged in production, supply or distribution of
    cigarettes    or    any    other   tobacco     products
    (manufacturers, shopkeepers etc)
•   Person purported to be engaged in production, supply
    or distribution of cigarettes or any other tobacco
    products
•   Person having control over a medium (eg news
    papers, visual media etc)
•   Person taking part in advertisements (eg models etc)
Prohibition of advertisement of
cigarettes and other tobacco products –
S. 5 (Contd….)
S.5(2)    specifically   prohibits   certain   direct/indirect
    advertising of cigs and other tobacco products –
1. Display of adv (eg person owning space where hoarding
    can be set up etc)
2. Selling a film or video tape containing advertisement of
    cigs etc (eg swadesh)
3. Distribution of leaflet, handbill or document contaning
    adv of cigs etc
4. Advertisement by erecting, fixing or retaining,
    exhibiting, any hoarding or frame post or structure
5. Advertisement by display in vehicles
Prohibition of advertisement of
cigarettes and other tobacco products –
S. 5 (Contd….)
S.5(3) No person shall agree to promote use
  or consumption of cigarettes etc
No person shall agree to promote a trade
  mark or brand name of cigs etc in
  exchange for sponsorship, gift, prize or
  scholarship (wills sponsoring a sporting
  event – or organizers may accept
  sponsorship but are prohibited from
  promoting wills (surrogate advertising))
  Rules notified for ban on advertisement,
  sponsorship and promotion of tobacco
             products (Contd…)
- The health warning should be prominent, legible
  and in black colour with white background
- The board shall list only the type of tobacco
  product available and no brand shot or brand
  name or promotional message or picture.
  Display board should not be backlit or
  illuminated
- In rules notified on 30th Nov 2005 it was stated
  that if a television programme has a smoking
  scene then at the beginning, middle and end of
  the programme/movie there should be a
  specified health warning and health message.
Punishment for contravention of S.
5
S.22: In case of first conviction-
- Imprisonment for a term upto 2 years or with fine
  which may extend to 1000/- or with both

In case of second conviction –
- Imprisonment for a term upto 5 years and with
  fine which may extend to 5000/-

S.23: After conviction, the advertisement material
  may be forfeited to the Govt.
Rules notified for ban on advertisement,
sponsorship and promotion of tobacco
products
• Rules notified on 25th Feb 2004,
• Amended Rules notified on 31 May 2005
• Rules notified on 30 Nov 2005
- Size of board used for adv of cigs etc at
  entrance of warehouse or shop where these
  products are sold shall not exceed 60 cms X 45
  cms
- Such board shall contain in an indian language
  on top edge of board in a prominent manner
  measuring 20 X 15 cms
     - -   Tobacco causes cancer
     - -   Tobacco kills
Specified health warning labels on all
tobacco products – S.7, 8, 9
S.7: -        Every package of cigarette or other tobacco
  product must bear on its label the specified earning
  including a pictoral depiction of skull and cross bones
  and such other warnings as may be prescribed –
  restriction applies both w.r.t. manufacturer as well as
  trader
  -           cigarettes etc shall not be imported unless the
  package contains the specified health warning
  -           the specified warning shall appear on not less
  than one of the largest panels of the package
  -           every package shall contain the nicotine and
  tar contents alongwith the maximum permissible limits
Specified health warning labels on all
tobacco products – S.7, 8, 9 (Contd…)
S.8 Specified warning shall be
- Legible and prominent
- Conspicuous as to size and colour
- Lettering should be bold and clearly presented in
  distinct contrast to the background. Must be
  visible to consumer before pack is opened
S. 9 species the language in which the warning
  should be
Rules notified on 5th July 2006 further elaborate on
  specifications of the warnings – date of
  implementation extended to 17th March 2008
Punishment for contravention of S.
7
S.20: In case of first conviction of person producing or manufacturing cigarettes
   etc
- Imprisonment for a term upto 2 years or with fine which may extend to
   5000/- or with both

In case of second conviction –
- Imprisonment for a term upto 5 years and with fine which may extend to
    10000/-

In case of first conviction of person selling or distributing cigarettes etc
- Imprisonment for a term upto 1 year or with fine which may extend to 1000/-
    or with both

In case of second conviction –
- Imprisonment for a term upto 2 years and with fine which may extend to
    3000/-
Enforcement Procedure for S. 5,
7,8,9
Enforcement Officers: S. 12, 13
- Any police officer not below rank of a sub
  inspector
- Any officer of State Food or Drug
  Administration
- Any other officer not below rank of SI
  authorised by Central/State Govt.
Enforcement Procedure for S.
5,7,8,9 (contd…)
Enforcement mechanisms
- Enter and search factory, building, premises or
  any other place which he has reason to suspect
  might carry some advertisement material or
  where advertisement is being made (S. 12)
- Seize such advertisements and cigarette
  packages etc or advertisement material that are
  in contravention of the Act (S. 13)
- Such items seized may be confiscated (S.14)

								
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