The onus of enforcing various provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA 2003), lies with the States/Union Territories.
National Tobacco Control Programme (NTCP) was launched by this Ministry in 2007-08 with one such objective of ensuring effective implementation of the provisions under COTPA, 2003.
There are State and District Level Coordination Committees under NTCP to oversee its implementation. Quarterly Reports submitted by the States/Union Territories during each Financial Year and review meetings with States/UTs constitute the monitoring mechanism for implementation of the Programme. In addition, the States submit their annual activities conducted in their States through Programme Implementation Plan (PIP) process and the same are examined by National Tobacco Control Cell. Further, the implementation of the Programme is being discussed during the meetings of National Programme Coordination Committee (NPCC).
This Ministry has written letter to States/Union Territories to consider developing a mechanism to provide permission/authorization through Municipal Authority/Local Authority to the retail shops who are selling tobacco products with a condition/provision in the authorization that the shops authorized for selling tobacco products, cannot sell any non-tobacco product such as toffees, candies, chips, biscuits, soft-drinks, etc., which are essentially meant for children.
As per Section 6 (a) of COTPA, 2003 read with Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2011, there is prohibition on sale of tobacco products to and by persons below the age of 18 years and as per Section 6 (b) of COTPA, 2003, there is prohibition on sale of tobacco products in an area within a radius of one hundred yards of any educational institution.
It is evident from the Quarterly Reports received under COTPA, 2003 from States/Union Territories that there is violation of this Section and accordingly action is being taken through imposing fine on violators.
The Minister of State (Health and Family Welfare), Smt Anupriya Patel stated this in a written reply in the Lok Sabha here today.