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TOBACCO SOLD TO CHILDREN INSIDE INSTITUTES

We brought the issue to the notice of all concerned but nothing much has changed at the ground level till now. However socially concerned media person appreciated the concern of BBS and highlighted the issue further. One such report was done by Ms. Balwinder Kaur of "Dainik Bhaskar," Chandigarh on January 23, 2004. She made it the lead story to wake the concerned officials from their deep slumber.
Download the pdf story by Ms. Balwinder

Communication sent to the Governor of Punjab
[Administrator of Chandigarh]

BBS/Tobacco/GH/006
December 24, 2004

For the kind attention of; 

His Excellency General SF Rodrigues,
Governor of Punjab and Administrator of Chandigarh,
Punjab Raj Bhawan,

Chandigarh
 

WE WANT A NEW YEAR GIFT:
PLEASE GET THE TOBACCO SHOPS REMOVED FROM THE VICINITY OF EDUCATIONAL INSTITUTES, AS PROVIDED IN THE LAW

 Your Excellency,

As a responsible member of the civil society, we at Burning Brain Society share our concern for the young people and issues concerning the public at large.

The issue of tobacco and its advertisement concerns the general public and their health and has long term consequences on the public, the young people and the country as a whole. Any neglect of established laws is going to have a significant multi-dimensional and complex effect on the future. Government of India has also appreciated the facts relating to the harmful effects and consequences of tobacco use which has resulted in the form of “The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.”

But quite unfortunately, since May 1, 2003, when the provisions of the said Act came into effect, not a single person has been booked either in Chandigarh or in Punjab for violations despite the fact that violations galore.

We had earlier also apprised the office of the Administrator of Chandigarh about the said violations and had also provided with sufficient proof of rampant violations in the form of a video recorded film and photographic evidence, but till date we have received neither any reply nor it seems to have evoked any action. Our efforts to move Chandigarh Police have also failed.  Some of the details of our efforts are available at our website www.burningbrain.org.

We would like to bring to your kind notice the recent notification of the Union Ministry of Health notifying Section 6(b) of the said Act, under the Rules made thereafter; called “Prohibition on sale of Cigarettes and other Tobacco Products around Educational Institutions Rules, 2004,” wherein it has been provided that the sale of tobacco products within a distance of 100 meters from any educational institution is a crime and attracts severe punishment as prescribed under Section 24 of the said Act.

These provisions came into force from December 1, 2004 [Notified on 1st September, 2004 G.S.R.561(E) (F.No.P-16011/2/2003-PH)], but despite this no action has been take. Tobacco products are gallantly sold in front of educational institutes, openly sold to minors and in many cases even a distance of 5 meters is not maintained.

What to say, even inside the Punjab University there are seven vendors openly selling tobacco beside many others running mobile tobacco shops.

We request for your kind intervention and expect that you shall be instructing the responsible authorities to come into action and give us a good reason to celebrate the New Year. I am sure that you will appreciate the importance of cleansing the surroundings of the educational institutes from the undesirable influence of tobacco; at least in Chandigarh for a start.

We recollect that on the your assumption of the office, one of the things you said publicly was to call upon the NGO’s to be more active; we would like to point out that NGO’s with their meagre financial means and ever opposing and non-cooperating agencies will remain more or less ineffective till the time administrating authorities understand that it is a collective responsibility to clean up the mess and do their duty with honesty and a spirit of mission. The loose end is on the other side.

Appreciating your concern for the social wellbeing and your belief about the role of NGO’s in the task, we are very hopeful about a positive contribution from the administrator’s office.

We shall be ever thankful to Your Excellency for taking kind note of our request. Wish you a very Happy New Year and a Merry Christmas.

 Yours cordially

 Hemant Goswami
(Chairperson)
Burning Brain Society

COPY OF THE GOVERNMENT OF INDIA NOTIFICATION


MINISTRY OF HEALTH AND FAMILY WELFARE

(Department of Health)

NOTIFICATION


New Delhi, the 1st September, 2004

G.S.R.561(E). In exercise of the powers conferred by Section 31 read with Section 6 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (No.34 of 2003), the Central Government hereby makes the following rules, namely:-


1. Short Title, Extent and Commencement -

(1) These rules may be called the Prohibition on sale of Cigarettes and other Tobacco Products around Educational Institutions Rules, 2004.

(2) They shall extend to the whole of India.

(3) They shall come into force on the 1st day of December, 2004.

2. Definitions.-

In these rules, unless the context otherwise requires,-

(a) Act means the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003;

(b) Educational Institution means places / centers where educational instructions are imparted according to the specific norms and include schools, colleges and institutions of higher learning established or recognized by an appropriate authority;

(c) Section means a section of the Act; and

(d) words and expressions used herein and not defined in these rules but defined in the Act, shall have the meanings, respectively, assigned to them in the Act.

3. Prohibition of Sale of Cigarettes and other Tobacco Products Around Educational Institutions.-

(1) Display of Board.- The owner or manager or any person in-charge of affairs of the educational institution shall display and exhibit a board at a conspicuous place(s) outside the premises, prominently stating that sale of cigarettes and other tobacco products in an area within a radius of one hundred yards of the educational institution is strictly prohibited and that it is an offence punishable with the fine which may extend to two hundred rupees.

(2) Measurement of Distance.- Distance of one hundred yards shall be measured radially starting from the outer limit of boundary wall, fence or as the case may be, of the educational institution.

(F.No.P-16011/2/2003-PH)

BHAVANI THYAGARAJAN, Jt.Secy.
 

 
Burning Brain Society
Glass Office 3, Business Arcade, Shivalikview, Sector 17-E, Chandigarh 160 017 INDIA
Telephone: +91-172-5165555, 5185600
E-Mail: infoburningbrain.org
 

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