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The
New Tobacco Bill
Objectives of the Bill Tobacco, universally
regarded as one of the major public health hazards, is responsible directly
or indirectly for an estimated eight lakh deaths annually in the country. It
has also been found that treatment of tobacco-related diseases and the loss
of productivity caused therein cost the country almost Rs. 13,5000 crores annually,
which more than offsets all the benefits accruing in the form of revenue and
employment generated by the tobacco industry. The need for such a comprehensive
legislation was recommended by the Parliamentary Committee on Subordinate Legislation
(Tenth Lok Sabha) and a number of points suggested by the Committee have been
incorporated in the Bill. The proposed Bill seeks to put a total ban on advertising of cigarettes and other tobacco products and to prohibit sponsorship of sports and cultural events either directly or indirectly. it also proposes to make rules for the purpose of prescribing the contents of the specified warnings, the languages in which they are to be displayed, as well as displaying the quantities of nicotine and tar contents of these products. For the effective implementation of the proposed le gislation, provisions have been proposed for compounding minor offences and more stringent punishments to offending companies. The objective of the proposed enactment is to reduce the exposure of people to tobacco smoke (passive smoking) and to prevent the sale of tobacco products to minors and to protect them from becoming victims of misleading advertisements. This will result in a healthier lifestyle and the protection of the right to life enshrined in the Constitution. The proposed legislation further seeks to implement Article 47 of the Constitution, inter alia, requires the State to endeavour to improve public health of the people. The Bill extends
to the whole of India as for cigarettes and to the States of Goa, Punjab, Uttar
Pradesh and West Bengal (as these States have already passed resolutions to
the effect that the tobacco products other than cigarettes should be regulated
in these States by Parliament by law) and to all the Union Territories with
regard to other products. It shall also extend to other States as they adopt
this Act by a resolution. The Bill will come into force when the Central Government
issues an official gazette notification. Prohibition
of smoking in public places Public place means
any place to which the public have access to, which includes auditoria, hospital
buildings, health institutions, 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.
Smoking means smoking of tobacco in any form-cigarette, cigars, beedis or smoked
with the aid of a pipe, wrapper or any other instrument. The Bill bans smoking
in a public place where the prohibition is displayed in any audio or visual
manner. Ban on advertisement of tobacco products Producers, suppliers
and distributors of cigarettes or any other tobacco products shall not advertise.
Those who control media cannot advertise. No person shall take part in any advertisement
that directly or indirectly promotes use of cigarettes or any other tobacco
products. Nobody is allowed to display any tobacco advertisement, or distribute
any leaflet, handbill carrying such advertisements, or exhibit on hoardings,
or on vehicles, tobacco advertisements, except on tobacco packages or at the
entrance or inside a warehouse or a shop where these products are sold or distributed.
No person can promote tobacco products, any trademark or brand name, in exchange
for a sponsorship, gift, prize or scholarship, Restriction on sale Sale of cigarette
or any other tobacco products is prohibited to persons below eighteen years
of age. Warning Every package of
tobacco products supplied/distributed or traded, or imported for sale in India,
should bear, on its label a specified warning on one of the largest panels of
the package meant for distribution. The label should specify the nicotine and
tar contents per cigarette, which should be within the maximum permissible quantity
specified in this Act. The warning should be legible and prominent, conspicuous
as to size and colour, in such style or type of lettering according to the Rules
framed under this Act. The warning should be visible to the consumer, before
the package is opened. The language used in the warning should be same as the one used in packing. If English or other Indian languages are used, the same pattern should be used for the warning also. If any foreign language is used in the packing, the warning should be in English. The Central Government shall notify approved laboratories for testing the nicotine and tar contents in cigarettes. Entry and search Any police officer,
not below the rank of sub-inspector or any officer of State Food or Drugs Administration
or any other officer of an equivalent rank can enter and search any factory,
building, or business premise for suspected contravention of the provisions
of this Bill, and seize the product under the provisions of the Code of Criminal
Procedure, 1973. These materials thus seized are liable to be confiscated if
the Act has been contravened. The Court can order the guilty to pay in lieu
of confiscation costs, which shall be equal to the value of the goods confiscated.
On payment of the costs ordered by the court, the sized packages shall be returned
to the owner on condition he incorporates the warning and contents of nicotine
and tar. Penalty Anybody selling,
producing/trading or distributing cigarettes or any other tobacco products without
the specified warning and indication of nicotine and tar contents is liable
to pay a penalty up to five times the value of the package or one thousand rupees,
whichever is more. The owner will be given a notice explaining the grounds for
confiscation and time for him to respond. If no such notice has been issued,
the seized materials will be returned to the owner. The provisions of the Code
of Civil Procedure, 1908 will apply here. Paying penalty will not prevent other
punishments under this Act or any other law. The principal civil court can order
other costs or penalty within the specified limits. The aggrieved party can
appeal to the designated courts. The decision of the appellate court will be
final. Punishment Any person found
guilty shall be punishable with imprisonment up to three years or with fine
up to one lakh rupees or with both for the first conviction. For subsequent
convictions the imprisonment may be up to three years and fine up to two lakh
or with both. The products or advertisement may be forfeited to the Government
and disposed of as per the Rules under this Act. An authorised public servant
can arrest any person without warrant on reasonable grounds of suspicion and
dealt with according to the law. Punishment for
smoking in public places or selling tobacco products to persons below 18 years
may extend up to 200 rupees. When a company
commits an offence, the person in charge, unless he could prove his efforts
to prevent the offence, will be proceeded against and .punished accordingly.
Any offence punishable under this Act, other than smoking in public places or
selling tobacco products to minors, shall be cognizable. Framing Rules The Central Government
may by notification in the Official Gazette, make Rules to carry out the provisions
of this Act which will specify the form and manner in which warning shall be
given in respect of cigarettes, specify the maximum permissible nicotine and
tar contents in cigarettes, specify the manner in which the specified warning
shall be inscribed on each package of cigarettes or its label, specify the height
of the letter or figure or both to be used in specified warning, provide for
the manner in which entry into and search of any premises is to be conducted
and the manner in which the seizure of any package of cigarettes shall be made
and the manner in which seizure list shall be prepared and delivered to the
person from whose custody any package Of cigarettes has been seized. Every rule and
every notification made under this Act shall be laid before each House of Parliament.
The State Government may, by notification make Rules, for carrying out the provisions
of this Act. The Rules thus made by the State Government shall be laid before
the State Legislature. This Act does not
apply to cigarettes exported but may have to adhere to the laws of the country
to which they are exported. The Cigarettes (Regulations of Production, Supply
and Distribution) Act 1975 stands repealed. (Source LEGAL NEWS & VIEWS: SEPTEMBER 2001) |