On 13-01-2015, the Union Ministry of Health and Family Welfare placed the draft COTPA Bill, 2015 in the Public domain to elicit comment/ views of the stakeholders including the general public by 15-02-2015. The objective of the Bill is to amend some provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. The salient features of the draft Bill are as follows:
- Declaration as to expediency of control by the Union and protection of public health policies for tobacco control.
- Prohibition of “smoking” and “spitting of tobacco” products in public place.
- Prohibition on direct and indirect advertisement and promotion of cigarettes or any other tobacco products.
- Prohibition on sale of cigarettes and other tobacco products to person below the age of 21 years, and in an area within a radius 100 meters of any educational institution.
- Prohibition on sale of cigarettes and other tobacco products loose or in single sticks.
- Prohibition on employment of any person under the age of 18 years in cultivation, processing, sale of tobacco or tobacco products.
- Disclosure of the information regarding the “constituents and emissions” on each cigarette or other tobacco product by the producer, supplier, distributor or seller on every package.
- Substitution of words “nicotine and tar” with the “constituents and emissions”.
- Constitution of the Special Courts for trial of offences under the proposed Act.
- Punishment for failure to give “specified warning” and “constituents and emissions” on the package and the label on the cigarette or any other tobacco product.
- Enhancement of punishment for smoking and tobacco use in public place from Rs 200 to Rs.1000.
- Enhancement of punishment for advertisement and promotion of cigarettes and other tobacco products from Rs.1000 to Rs.10000.
- Constitution of National Tobacco Control Organisation to implement and monitor the provisions and functions related to tobacco control.
- Offences punishable under the proposed Act shall be “Bailable” and offences punishable under Section 5, 6, and 7 of the proposed Act shall be “Cognizable”.
- The provisions of the proposed Act shall have overriding effect over all other tobacco related laws.
-Ministry of Health and Family Welfare