Monitoring Committee under COTP Act,2003
- An Educational Institution (EI) should display “Tobacco Free Educational Institution” signage as specified in Annexure II in the premises of the EI; and a “Tobacco Free Area” signage as specified in Annexure III outside the EI. The signage could be in the form of boards or wall paints. It may be noted that the formats given in the Annexures II and III are only suggestive. The Educational Institution is encouraged to innovate or adapt the signage according to their capacity and context. Care should also be taken to communicate the correct intended message while customizing the signage. The signage should be displayed in the language of instruction in the Educational Institution and also in the local language if it is so possible.
- The signage should be displayed at prominent places outside and in the premises such as on the boundary wall, the main entrance, the official notice boards and any such place where the management thinks that these would communicate the intended message effectivel
- The Educational Institution should designate Tobacco Monitor(s) from amongst their staff, an official or a teacher or a student representative (the student from class IX onwards). Health & Wellness Ambassadors should also be designated as Tobacco Monitors. The name, designation and phone number of the Tobacco Monitor(s) should also be mentioned on the signages. Multiple Tobacco Monitors may be designated and in-fact it might be a good idea to do so. For example – appointment of a Tobacco Monitor for each class from amongst the students in the class. Participation of the most important stakeholder, the students of secondary school (classes IX to XII), would be key to successful implementation of the initiative. Care should be taken that tobacco users may not be designated as Tobacco Monitors.
List of the Penalties under the COTP Act, 2003
ACT | Section | Offence | Penalties | |
COTPA | Section 4* | Smoking in Public Places | Fine upto Rs.200 under section 21 | |
Section 6a* | Sale of tobacco products to or by minors | Fine upto Rs.200 under section 24 | ||
Section 6b* | Sale of tobacco products within 100 yards of any Educational Institute | Fine upto Rs.200 under section 24 | ||
Section 5 | Direct/indirect advertisement of tobacco products and scholarship/ sponsorship of any event by tobacco companies | Under Section 22- First Offence: Fine up to Rs. 1000/- or imprisonment up to two years or both Subsequent offence: Fine up to Rs. 5000/- or imprisonment up to five years or both | ||
Section 7 | Mandatory display of specified health warnings on all tobacco product packs | Under Section 20 – First Offence for Producer or Manufacturer: Fine up to Rs 5,000/- or imprisonment up to two years or both. Subsequent Offence: Fine up to Rs 10,000/- and imprisonment up to five years | Under Section 20 – First Offence for Seller or distributor: Fine up to Rs 1,000/- or imprisonment up to one year or both. Subsequent Offence: Fine up to Rs 3,000/- and imprisonment up to two years | |
Juvenile Justice Act | Section 77 | Giving or causing to give any addictive substance including tobacco to minors | Upto 1 lakh fine and 7 years imprisonment | |
Indian Penal Code | Section 268 | Creating Public nuisance which causes any common injury, danger or annoyance to the public | Fine upto Rs. 200/- | |
Section 269 | Negligent act likely to spread infection of disease dangerous to life | Imprisonment upto 6 Months or Fine or both | ||
Section 278 | Making atmosphere noxious to health | Fine upto Rs. 500/- | ||
Food Safety and Standards Act, 2006 (FSSA, 2006) | Regulation 2.3.4 of Food Safety and Standards (Prohibition and Restrictions on sales) Regulations, 2011 | Use of Tobacco and nicotine as ingredients in any food products. | Penalty not exceeding Rs. 10.00 lakh under Section 57 (1) (ii) of FSSA, 2006 | |