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5. Way forward for Enforcement
- Sensitize, train and empower the law enforcers i.e. Police, Food & Drug Inspectors and other the authorized officers, as notified by the central Govt vide notification dated 30th May, 2008.
- The State Govt. may also consider notifying additional authorized officers for implementing the provisions of the rules.
- Set up flying squads for monitoring, enforcement and compliance.
- Setting up toll–free help line / online reporting system may also be considered.
- Establish a mechanism for issue of challan or compounding of offence. The options available, based on the experience of a few States are:
- OPTION – 1: to empower the authorized officers to compound the offence and impose appropriate fine upto Rs. 200 on the violators and recover the fine on the spot. A specimen copy of the receipt is at figure
- OPTION – 2: to permit the authorized officers to issue challans with the direction that the offender pays the fine at the designated court or treasury on any given/fixed day(s) as may be decided by the State Government. The state government may also constitute mobile courts/special magistrates. The specimen copy of challan is at figure
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Book No. ……… Serial No……….. The ‘Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, ’ 1. Name and Address of the accused person ……………………………………………………………………………………………… 2. Scene of the offence with date, time and place. ……………………………………………………………………………………………… 3. Particulars of offence under Act/ Rules. ……………………………………………………………………………………………… 4. Where as you are hereby prosecuted for the offense described above, you are required to attend the court of name & address ………………….. place ……….& time ………. ..AM on (date) …… answer the said charges unless otherwise ordered by the court. Signature/left thumb impression of the accused Signature of the witness Name and address of the issuing authority. |
- Or combination of both the options as may be decided by the State Government.
- The Health Department has to print the numbered receipt book(s) and challan book(s) for distribution to various authorized officers for ensuring proper accounting of fines imposed on the offenders. The challan may contain two part, one to be issued to the offender and the other to be retained by the authorized officer who has to deposit the fine and the book to the health department.
- There are different models of channelising the funds collected through fine.
- OPTION – 1: create a separate head of account as has been done by Gujarat Government under the department of Health in which the fine collected by various agencies/officers are deposited. This will enable Deptt. of Health to use the fund for tobacco control activities. The head under which the fine is to be credited may be indicated at the bottom of the receipt itself.
- OPTION – 2: the fine collected by various agencies may be deposited to a miscellaneous account of department of Health. In case the states have a separate account for National Tobacco Control Programme in the Health Society, the funds may be deposited in this account.
It is necessary for the state government to lay down detailed guidelines for ensuring accountability for the amount collected as fine.
- Highlight successes and failures of every department/organization.
- Provide for non–monetary incentives such a commendation letters, etc.
- Mainstream the Rules and regulations in regular training/Orientation of officers and staff working in any ‘Public place’.
- Encourage the vast majority of non smokers, to recognize their right to life and healths – through media campaigns, school curriculum etc.
