COMPREHENSIVE BILL ON CIGARETTES AND OTHER
TOBACCO PRODUCTS
A Comprehensive Bill called "Cigarettes and other
Tobacco Products (Prohibition of Advertisement and Regulation
of Trade and Commerce, Production Supply and Distribution) Bill,
2001 presently pending before the Parliament seeks to prohibit
the advertisement of all tobacco products and to provide for its
regulation in trade and commerce; to prohibit smoking in public
places; to prohibit selling of tobacco products to persons below
the age of 18 years.
The Bill covers all tobacco products including
cigarettes, beedis as well as gutka and is not restricted to chewable
tobacco products only. The Bill does not propose any ban on production
and sale of any tobacco products. No such recommendations has
been made by the standing committee. There is no proposal to introduce
a Bill banning the production, sale and consumption of all forms
of chewing tobacco.
The salient features of the Bill will include
; indication of nicotine and tar contents on the packets; indicating
of the warning on the package in English as well as Indian languages;
total ban on sponsoring of any sport/cultural events by cigarettes
and other tobacco product companies. Empowering Sub-Inspectors
of Police or equivalent officers of State Food or Drug Administration
of the Central/State Governments to carryout the provisions of
this legislation and confiscation of the goods in case of any
violation. However, the owner of the goods will be given the option
to pay a fine in lieu of the confiscation, which should be equal
to the value of the goods confiscated; Imposition of a fine up
to Rs.200/- for minor offences relating to smoking in public places,
sale of tobacco products to minors.
The Bill would be effective as far as the provisions
regarding cigarettes are concerned, all over India, but for other
tobacco products only to the UTs, Punjab, West Bengal, UP and
Goa. This is because other tobacco products (other than cigarettes)
are in the state list, and only these states are have passed resolution
in their state legislatures undertaking to adopt a central law
in the matter. The other states could adopt the law pertaining
to other tobacco products merely by passing a resolution in their
legislature.
