Principals to fine cigarette sellers

Updated on: Thursday, December 23, 2010

The state government has decided to authorise the principals of schools and colleges to levy fines on paanwallas and others who sell tobacco or tobacco-related products within 100 metres of any campus. Satej Patil, minister of state for home, said the move comes following an alarming rise in cancer cases, especially oral cancer among the youth.

“Earlier, police personnel or officials from the Food and Drug Administration (FDA) fined the offenders. But many times it was observed that the state’s machinery and manpower fell short of implementing the law effectively. To ensure a complete ban on the sale of tobacco products near educational institutes, the government has decided to rope in the principals of the institutions,” said Patil.

Patil said, “Principals of educational institutes can collect a fine amounting to Rs 300 from an offender.” A receipt must be issued and the fine forwarded to the government, he added. Patil said, “A special drive to create awareness will begin from the first or second week of January.”

The sale and advertisement of tobacco and tobacco-related products is banned within 100 metres of educational institutions by the Cigarettes and Other Tobacco Products Act, 2003 (COTPA). The Act also bans all sales of tobacco products to minors. A provision in the Act empowers the owner, manager, supervisor or in-charge of public places to fine those disobeying the law. Using this provision, the government plans to announce by the second week of January that principals can fine lawbreakers.

A survey by the Union health ministry in 2006 revealed that 14.1 per cent of youngsters in India use tobacco. The survey also said that 37 per cent of children in India start smoking before the age of 10 and 5,500 children begin using tobacco every day.

In 2006, social activist Sumaira Abdulali had filed a petition in the Bombay High Court to ban the sale of tobacco products near educational institutions. The Union government later notified Section 6B of COTPA, which bans the sale of tobacco products to minors. “The law was notified to ban sales near institutes, but there was no effective implementation of the law. This initiative by the state is a good move,” said Abdulali. “The law can be more effectively implemented if citizens are involved than if it is left up to the authorities. There should be a good response from principals concerned about the health of students.”

Meanwhile, the architect of the smokefree Mumbai campaign, Dr Surendra Shashtri said, “Empowering school authorities to take action against tobacco retailers will keep students away from harmful products.” Shashtri, who heads the preventive oncology department at Tata Memorial Hospital, said, “I hope principals participate in the drive.”

Smoking them out

Sale of tobacco products to anyone, adult or child, is banned within 100 metres of an educational institution. Sale of tobacco products to minors is banned everywhere The school or college, through an authority like the principal, can fine the lawbreaker Rs 300. A receipt must be given and the money forwarded to the government.

The police can levy a minimum fine of Rs 1,200. This has to be deposited in a court, which can reduce the fine If there is criminal prosecution, the offender can get upto one year in prison and/ or a fine of up to Rs 1,000. A second offence can lead to up to two years in prison and/or fine of up to Rs 3,000.

Principals to fine cigarette sellers

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