ort on Co OTPA A 2003 in Bharatpusihfwrajasthan.com/studies/Bharatpur.pdf · It is an observational study .Around 366 public places, 357 educational institutions and 351 tobacco retailers

Co

Jala

omplia

State

ana Inst

ance As

Bh

e Institu

titutiona

Rep

ssessme20

haratpu

ute of H

al Area,Jaipu

eport on

ent Sur003 in

ur, Raj

Health a

, South ur 3020

n rvey un

jasthan

and Fam

of Door004

nder C

n

mily We

rdarshan

COTPA

lfare

n Kendr

1

A

dra

2

Preface

India has been very conscious of the harmful effects of tobacco use, disease burden and related social

and economic costs of health care. Over the period, various administrative measures were taken to

prohibit tobacco smoking in public places and regulate the sale of tobacco products and their

advertisements. A serious need was felt for framing a comprehensive national legislation on tobacco

control, which would ensure uniform and effective enforcement of measures to achieve desired results.

After detailed deliberations, the Government of India enacted The Cigarettes and Other Tobacco

Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and

Distribution) Act, 2003 in May 2003 with a view to protect public health by prohibiting smoking in public

places, banning advertisements of the tobacco products, banning sale of tobacco products to minors and

near educational institutions, prescribing strong health warnings including pictorial depiction on tobacco

products and regulation of tar and nicotine contents of tobacco products. So if any person found smoking

in public places is liable to pay a fine.

The ban on smoking at public places came into effect from 1st May 2004 and subsequently from 2nd

October, 2008 and is applicable all over India. Since then a number of cities in India have gone smoke

free. In Rajasthan Jhunjhunu, Ajmer, Alwar, Jodhpur (City), Nagaur (City), Udaipur (City), Jalore (City) & Pali (City) was declared as the smoke-free districts. Bharatpur district has been analyzed on

the various parameters of COTPA and this report presents a portrait of the district. Looking at the Section

4 of COTPA compliance, Bharatpur district may be declared as smoke free and can be sustained through

regular enforcement & monitoring.

3

Contents

S. No Particulars Page No

1. Executive Summary 8

2. Introduction-Chapter -1

12-15

3. Research methodology Chapter- 2

16-18

4. Result and analysis of Section -4 of COTPA ACT Chapter -3

19-27

5. Result and analysis of Section-5 Section 6 (a) ,Section 6 (b) ,Section 7,8,9 of COTPA Act Chapter -4

28-37

6. Conclusion Chapter-5

38-39

7. Annexure-I

40-47

8. Annexure-II

48-49

9. Annexure-III

50

10. Annexure-IV

51-53

11. Annexure-V

54-55

4

List of Tables

Table-1.1- Prevalence of Tobacco Use in India

Table-1.2 Prevalence of Tobacco Use in Rajasthan (Source: GATS 2009:10)

Table-1.3 Population Statistics of District Bharatpur

Table- 2.1 Sampling Framework

Table- 2.2 Section wise and total sample size in Bharatpur district

Table- 3.1 Number of public places visited

Table - 3.2 City & Block-wise compliance of Section 4 –Display of signage as per COTPA in

Bharatpur

Table - 3.3 City & Block wise compliance of smoking and smoking aids in Bharatpur

Table 3.4 Public Places wise presence of signage in Bharatpur city

Table 3.5 Public Places wise presence of smoking and smoking aids in Bharatpur city

Table -3.6 Public Places wise presence of signage in Sewar Block

Table 3.7 Public Places wise presence of smoking and smoking aids in Sewar Block

Table -3.8 Public Places wise presence of signage in Bhusawar/ Weir Block

Table 3.9 Public Places wise presence of smoking and smoking aids in Bhusawar/ Weir Block

Table -3.10 Public Places wise presence of signage in Kumher Block

Table 3.11 Public Places wise presence of smoking and smoking aids in Kumher Block

Table- 3.12 Public Places wise presence of signage in Bharatpur Rural

Table- 3.13 Public Places wise presence of smoking and smoking aids in Bharatpur Rural

Table- 4.1 Compliance of Section 5 of COTPA

Table- 4.2 Display of signage’s at PoS

Table- 4.3 Sale of Tobacco products to minors at PoS

Table- 4.4 Type of Kiosk/Shop found Selling Tobacco Products within 100 yards of Educational

Institute

Table- 4.5 No of products assessed in Bharatpur

Table- 4.6 Health warnings on the packs in Bharatpur city

Table- 4.7 Health warnings on the packs In Sewar Block

Table 4.8 Health warnings on the packs in Bhusawar block

Table- 4.9 Health warnings on the packs in Kumher block

Table- 4.10 Health warnings on the packs in Bharatpur rural

5

Acknowledgements

The study on Compliance Assessment Survey in Bharatpur district of Rajasthan was conducted by the

State Institute of Health and Family Welfare, Rajasthan with support of Population Services International,

Jaipur, India.

We are thankful to the members of Ethical Committee for approving the study and giving us an

opportunity to carry out it.

We are grateful to all Investigators & field supervisors who spared their time in data collection.

We also acknowledge the contribution of data entry operators and statistician who gave us the data in

presentable form.

We extend our thanks to all those who have made their direct and indirect contribution in the successful

completion of the study.

.

Director

6

About PSI

Population Services International, a registered Indian society began operations in India in 1988. PSI’s

mission is to empower the people of India to lead healthy lives by addressing priority public health

challenges in India using social marketing, social franchising and behaviour change communication

techniques. PSI focuses on improving consumer access to health products, services and information in

22 states and union territories. PSI focuses on strategic partnerships and fostering of private sector

partnerships to address a wide range of public health issues including Reproductive Health, Maternal and

Child Survival, Tuberculosis, Water, Sanitation, Hygiene, HIV/AIDS and Non Communicable Diseases

such as Tobacco and Diabetes. PSI is also involved in the prevention of lifestyle diseases, through its

work in tobacco control. Since 1988, PSI has been part of the Ministry of Health and Family Welfare’s

Contraceptive Social Marketing program (CSM). PSI’s mission is to empower the people of India to lead

healthy lives by addressing priority public health challenges in India using social marketing, social

franchising and behaviour change communication techniques.

7

About SIHFW

SIHFW, Rajasthan, Jaipur is an apex level autonomous training and research organization of

Department of Medical, Health and Family Welfare, founded in 1995 as a registered society by the

Government of Rajasthan (Reg. No.25/Jaipur/1995-96). It is the only ISO 9001:2008 certified

training institution in health sector and is self financed (partially supported by NRHM).

The mission of the institute is committed to improvement in Health care through HRD, Health

Research, Consultancy, and net working aiming at enhancement in the Quality of life.

SIHFW has adopted the dual strategy to work for the Mission.

1. To develop human resources for health (HRH) through training.

2. Organization development (OD) through operations research.

Being premier health training institute, SIHFW is regularly conducting trainings for medical, para-

medical and development professionals of the state, apart from trainings other functions of SIHFW

includes

• Research

• Monitoring

• Consultancy

• Documentation

• Collaborating with developmental partners to strengthen maternal and new born child

health services in Rajasthan with focus on multi-centric approach.

The major partners are:-

• UNICEF

• UNFPA

• Save the children

• NIPI

SIHFW jointly with development partners is working in High priority Districts to accelerate the pace

of efforts for achieving national targets and implementation of RMNCH+ A activities (Dungarpur,

Banswara , Barmer and Jalore with UNICEF, Bundi, Jaisalmer, Udaipur with UNFPA and Dholpur

and Karauli with NIPI and UNFPA and all three Districts of NIPI – Bharatpur, Dausa and Alwar)

8

Executive Summary

Tobacco use is a major public health problem in India. The COTPA was developed to curb this epidemic

Intensification of ongoing tobacco control efforts in Bharatpur district with special focus on the effective

implementation and compliance of, Section 4-7 of COTPA through development and demonstration of

effective and sustainable enforcement mechanisms has been reflected out of the results of the this study.

Building tobacco control capacity of Civil Society Organizations (CSO), policy makers, government

officials, Panchayati Raj Institution (PRI) members, Accredited Social Health Activists (ASHA) under the

National Rural Health Mission (NRHM), Non-Government Organizations (NGO) and key stakeholders

involved in tobacco control activities would be critical for better implementation of law at the grassroots.

This would not only strengthen compliance with COTPA provisions at village, panchayat and block level

but also encourage violation reporting.

SIHFW Jaipur conducted a compliance assessment study in the Bharatpur district of Rajasthan. The

objective of the study is to - assess the level of compliance of sections4, 5, 6 (a), 6 (b) and 7,8,9 of

COTPA Act with respect to Public places, Educational Institutes Point of Sale and Warning on Packaging.

It is an observational study .Around 366 public places, 357 educational institutions and 351 tobacco

retailers were observed in Bharatpur city and block area of Sewar, Bhusawar(Weir), Kumher and

Bharatpur rural.

Study findings

The criteria for evaluation (the core indicators) and set decision criteria for a district to qualify for the

‘Smoke free’ status include six parameters. In Bharatpur district Bharatpur city, Sewar, Bhusawar &

Kumher blocks were displaying the COTPA signage at majority of the public places. The indicator showed

the compliance of section 4 of COTPA was followed by above 80% in the district. The color coding in the

following table depicts result.

9

Compliance achieved

Above 80 %

Need improvement-

61-79 %

Need strict action

Below 60 %

Public Places-366

Sec 4

Bharatpur Blocks Indicators Bharatpur

city N=90 Sewar N=76

Bhusawar/Weir N=75

Kumher N=75

Bharatpur Rural N=50

Total= 366

Availability of No Smoking signage

76 (84%)

62 (82%)

62 (83%)

75 (100%)

33 (66%)

308 (84%)

N=76 N=62 N=62 N=75 N=33 N=308 “No Smoking" Signage displayed as per COTPA

64 (84%)

50 (81%)

51 (82%)

44 (59%)

27 (81%)

236 (75%)

From total 366 places visited in district Bharatpur, more than 80% compliance of section 4 was achieved

by the district. However more enforcement and monitoring is required in Bharatpur rural .Displaying of the

signage as per COTPA specification will needs more attention in the Bharatpur district.

Public Places-366 Sec 4

Bharatpur Blocks Indicators Bharatpur

City N=90 Sewar N=76

Bhusawar/Weir N=75

Kumher N=75

BharatpurRural N=50

Total N=366

No active Smoking noticed

80 (89%)

74 (97%)

73 (97%)

68 (91%)

44 (88%)

339 (93%)

Cigarettes or Beedi stubs or ash not found

72 (80%)

71 (93%)

62 (83%)

58 (77%)

40 (80%)

303 (83%)

No Evidence of smell /ashes of recent smoking

74 (82%)

72 (95%)

63 (84%)

73 (97%)

45 (90%)

326 (89%)

Smoking aids (ashtray, matchboxes, and lighters) not visible

73 (81%)

72 (95%)

61 (81%)

74 (99%)

45 (90%)

324 (89%)

Active smoking, cigarettes or Beedi stubs, ashes or aids were seen in less number at all the public

places observed which suggests that people have become aware of COTPA.

10

Compliance achieved

Above 80 %

Need improvement-

61-79 %

Need strict action

Below 60 %

PoS=351

Sec 6 ( a)

Bharatpur Blocks

Indicators Bharatpur city N=84

Sewar N=76

Bhusawar/Weir N=75

Kumher N=75


Total N=351

Display of

signage

61

(72%)

48

(63%)

50

(66%) 63

(84%) 22

(48%) 244

(70%)

N=61 N=48 N=50 N=63 N=22 N=244 Display of

signage as per

COTPA

61

(100%)

48

(100%)

50

(100%) 63

(100%) 22

(100%) 244

(100%)

The PoS visited in Bharatpur district displayed 70% (244) signage but it is also far from the required

compliance. Only Kumher block follows the compliance.

PoS=351

Sec 6 ( a)

Bharatpur Blocks


Sewar N=76

Bhusawar/Weir N=75

Kumher N=75


Total N=351

Products are

not sold to

minors

84

(100%)

74

(97%)

70

(93%) 75

(100%) 31

(68.8%) 334

(95%)

Products are

not sold by

minors

73

(87%)

74

(97%)

67

(89%) 74

(98%)

45 (100%)

333 (93%)

In Bharatpur city, Sewar, Bhusawar, Kumher the compliance of Section 6a was above 90% except

Bharatpur rural which is as low as 68.8%.

11

Compliance achieved

Above 80 %

Need improvement-

61-79 %

Need strict action

Below 60 %

Education Institutions, N=357

Sec 6 ( b)

Bharatpur Block


Sewar N=76

Bhusawar/Weir N=75

Kumher N=76


Total N-357

Signage as per Section 6 b of COTPA is displayed

75 (89%)

57 (75%)

59 (78%)

52 (68%)

28 (62%)

271 (76%)

No Sale of Tobacco Products inside the Campus

84 (100%)

76 (100%)

75 (100%)

76 (100%)

45 (100%)

357 (100%)

No Sale of tobacco products within 100 yards of radial distance from the institute’s main gate or boundary

74 (88%)

60 (79%)

71 (94%)

73 (96%)

44 (97%)

322 (90%)

The educational institutions visited in the observed area suggest that above 80% educational institutions of Bharatpur City had followed the norms of Sec 6(b) of COTPA.

100% (351) PoS did not display tobacco advertisement in Bharatpur district which is a positive sign

of COTPA compliance.

PoS , N=351

Sec-5 (POS)

Bharatpur Block Bharatpur

city N=80

Sewar N=76

Bhusawar/Weir N=75

Kumher N=75


PoS , N=351

Number of PoS not advertising tobacco product

80

(100%)

76

(100%) 75

(100%) 75

(100%) 45

(100%) 351

(100%)

12

Chapter -1 Introduction

1.1. Background :

The vast majority of smokers begin using tobacco products well before the age of 18 years. It was

predicted that if the pattern seen nowadays continued, a lifetime of tobacco use would result in the

deaths of 250 million children and young people alive today, most of them in developing countries.

The overwhelming majority of smokers begin tobacco use before they reach adulthood. Among those

young people who smoke, nearly one-quarter smoked their first cigarette before they reached the age

of ten. Several factors increase the risk of youth smoking such as:- easy access to tobacco products,

and low prices, peer pressure. The

highest youth smoking rates can be

found in Central and Eastern Europe,

sections of India, and some of the

Western Pacific islands.

Tobacco kills more than AIDS, legal

drugs, illegal drugs, road accidents,

murder, and suicide. No other

consumer product is as dangerous, or kills as many people.(WHO)

Smoking bans (or smoke-free laws) are public policies, including criminal laws and occupational

safety and health regulations, which prohibit tobacco smoking in workplaces and other public spaces.

Legislation may also define smoking as more generally being the carrying or possessing of any lit

tobacco product. The rationale for smoking bans posits that smoking is optional, whereas breathing is

not. Therefore, proponents say, smoking bans exist to protect breathing people from the effects

of second-hand smoke, which include an increased risk of heart disease, cancer, emphysema, and

other diseases.

In the interest of public health, The Ministry of Health & Family welfare had issued a detailed

notification dated 30th May, 2008 making rules under the Cigarettes and other Tobacco products

(prohibition of Advertisement and Regulation of Trade and Commerce, production, supply and

Distribution) Act,2003 for the prohibition of smoking cigarettes and other tobacco products.

Table-1.2- Prevalence of Tobacco Use in Rajasthan (Source: GATS 2009:10)

Table-1.1- Prevalence of Tobacco Use in India Smokeless tobacco prevalence (%)

Among youth Among adults Current users of smokeless tobacco

Current users of smokeless tobacco

Male 11.1 32.9 Female 6.0 18.4 Total 9.0 25.9 Youth: Global Youth Tobacco Survey, 2009; National, ages 13-15, Global Adult Tobacco Survey, 2009; National, ages 15+ Tobacco use data from the latest survey results available to WHO as at 31 December 2012

Tobacco Users Overall (%) Male (%) Female (%) Tobacco Users (Smokers & Users of Smokeless Tobacco)

32.3 50.50 12.9

Tobacco Smokers 18.8 31.5 5.3 Smokeless Tobacco Users 18.9 28.7 8.5

13

Cigarette and Other Tobacco Product Act, 2003 & Prohibition of Smoking in Public Places Rules, 2008 On October 2, 2008, the Indian Government expanded the prohibition on smoking in public places and

workplaces to protect individuals from the hazards of second-hand tobacco smoke. Salient features of the

rule:

• Restrictions with regard to smoking apply clearly to hotels, restaurants, refreshments rooms,

public places etc which would also include workplaces among other places as defined in each

category. Section 4 of the act envisage separately ventilated smoking room termed as “Smoking

Area”

• The rules provide that the owner, proprietor or the manager of all the public places shall ensure

that no person smokes in the prohibited area under his jurisdiction. It also calls for sign board to

be displayed at the entrance of the premises on each floor including the staircase and the lift.

• Detailed provisions have been incorporated for strict implementation of the prohibitory orders.

• The manager of the establishment is liable to be fined for any violation by any person of the

above prohibition.

• The head of the institution/HR manager/Head of administration has to be designated/authorised

to prohibit smoking at offices and workplaces.

• Ashtray, match boxes, lighters or other things designed to facilitate smoking should not be

provided at the workplace.

It will be necessary for the managers to display in the establishment prominently, the name of the

person to whom complaints can be made in case of violation of the provision of these rules

1.2. Profile of Bharatpur District

Bharatpur the city is situated 55 km west of the city of Agra and 35 km from Mathura. It is also the

administrative headquarters of Bharatpur

District and the headquarters of Bharatpur

Division of Rajasthan. Bharatpur is also known

as "Lohagarh" and the "Eastern Gateway to

Rajasthan". It is famous for Keoladeo National

Park.

The economy of Bharatpur district is dependent

to a large extent on agriculture and its products.

The main crops grown are wheat, mustard,

cotton, red-chillies and potatoes. There are more

than 60 oil mills in Bharatpur due to mustard

grown in large quantity in the surrounding areas.

Bharatpur is famous for its sweets, and has a

large number of shops also.

14

Table 1.3 Population Statistics of District Bharatpur

Total Population 2,548,462

Total Literacy Rate 70.11%

Community Health Centers 17

PHC 67

SC 397 Source:- NRHM Rajasthan.nic.in & Bharatpur.nic.in

1.3. Goal of the study

The main goal of the study is to find out the level of compliance among people and entities such as

public places and workplaces with the COTPA act, so as to guide enforcement and public health

agencies about where to target enforcement and public education resources to gain the status of

“Smoke Free and compliant with COTPA act” district

1.4. Objective of the study

• To measure the level of compliance to Section 4 of COTPA in public places across Bharatpur

district of Rajasthan.

• To measure the level of compliance to Section 5 of COTPA at Points of sale (PoS) across

Bharatpur district of Rajasthan.

• To measure the level of compliance to Section 6 (a) of COTPA at Points of Sale across Bharatpur

district of Rajasthan.

• To measure the level of compliance to Section 6 (b) of COTPA in educational institutions across

Bharatpur district of Rajasthan.

• To measure the level of compliance to Section 7, 8 & 9 of COTPA across Bharatpur district of

Rajasthan.

1.5. Purpose of the study

To ensure the implementation of Sections 4,5, 6(a),6(b) & 7,8, in Bharatpur district, the study

observe the compliance of the COTPA sections in different areas like public places, govt offices,

private offices, hospitals, educational institutes, bars and pubs, auditoriums, cinema halls, public

transport facilities etc in accordance with the COTPA. The results of this study could be used to plan

an intervention and for proper implementation of COTPA by enforcement.

15

1.6 Operational Definitions:

• “Public Place” means any place to which the public have access, whether as of right or not, and

includes auditorium, hospital buildings, railway waiting room, amusement centers, restaurants,

public offices, court buildings, work places, shopping malls, cinema halls, educational institutions,

libraries, public conveyances and the like which are visited by general public but does not include

any open space.

• What is Smoke Free: Section 4 of COTPA deals with Protection from second-hand smoke. All

public places should fulfil a few parameters.

No Active Smoking

No Smoking Aids

Display of “No Smoking signage” at entrance/ prominent places of every public

places

No Cigarettes / Beedi butts

Authorization of Enforcement officer

Availability of Enforcement Mechanism

16

Chapter 2- Research Methodology

2.1 Study area The study area included public places, educational institutes & point of sales of Bharatpur city & four

blocks of the district –Sewar, Bhusawar/Weir,Kumher and Bharatpur rural. The blocks were selected by

360 degree approach, to cover all district.

2.2 Study Design-Cross-sectional Study (Formative research)

2.3 Survey type- Observational survey

2.4 Study period –January-February 2015

2.5 Geographical scope (Venues of visit) – For the purpose of study, all the potential public places

were divided into 7 broad categories for Section 4:

1. Accommodation facilities (Hotels, rest houses, sarai, guest house, Dharamshala, rain basera

etc.)

2. Eating facilities (standalone restaurants, standalone canteens, bars, dhabas, ahata, street food

vendors, food court etc.)

3. Offices and workplaces (Both in Government and private sector)

4. Educational institutions ( Both in public and private sector)

5. Health care facilities ( Both in public and private sector)

6. Most frequently visited places (Railway stations, market, bus stations, shopping mall, parks

and tourist places etc.)

7. Public Transport service (Bus/Taxi/Maxi/Auto Rickshaws)

Section 6 (b)- Educational institutions

Section-6 (a),5 & 7,8,9- Tobacco retail outlets

17

Table- 2.1 Sampling Framework

Bharatpur

Total blocks of the district

Sample for the study

Blocks 9

Bharatpur city & 4 blocks (Sewar,

Bhusawar/Weir, Kumher & Bharatpur

rural)

The sample for the study was taken from Bharatpur city and 4 blocks .The blocks were selected by 360

degree approach. 25% of data will be covered from District Headquarter villages and remaining 75% from

rural area.

Table- 2.2 Section wise and total sample size in Bharatpur district

Types of Formats Total Sample

Checklist I for Survey on Section 4 For public place 366

Checklist II for Survey on Section 6(b) Educational institutions ( both in public and private sector)

357

For Section 5 PoS and Section 6 (a) & for Section 7, 8 & 9 (Pack warning)

Point of Sale & (Pack warning)

351

2.6 Observation Methodology

The field investigators visited district headquarters and observed each of the sampled units (public

places, educational institutions/PoS) one by one during peak business hours as per the prefixed

schedule. During the study, an unobtrusive observation was made and a structured checklist was filled.

2.7 Tools

Total three survey Checklist was used in the survey 1. Checklist I: for Section 4

2. Checklist II: for Section 6 (b)

3. Checklist III: for Section 6 (a), Section 5 (PoS) and Section 7, 8 & 9 ( Pack warning)

18

2.8 Quality Control

• A repeated deliberation was carried out with the field investigators on the methodology.

• While making an observation, adequate coverage of place and adequate time spent was ensured.

• The survey was done strictly during peak business hours as per the pre-fixed schedule.

• Questions were designed and were asked in such a way to minimize the biases.

• Back check or cross check of the filled checklist of the field investigators. was done by supervisor

• For any queries or barriers SIHFW team has sorted out the problem

2.9 Data Management

The quantitative data entry and analysis was done using statistical software – SPSS 16.0 to avoid any

discrepancies in data analysis. After the data entry, the quantitative analyst was involved for data

analysis. A double entry process was adopted to limit the amount error that may have entered during data

entry. Descriptive statistics (Mean, STD, Min and Max values) was used to check for missing data,

outliers or illogical values and data was cleaned as needed. Descriptive statistics along with cross

tabulation was applied in data analysis.

3.0 Ethical Consideration The research proposal and tools for data collections were ethically approved by the Institutional Ethical

Review Board of SIHFW. Prior informed consent was obtained from designated authorities by SIHFW and

verbal consent was obtained from retailers who have been interviewed in the study. The consent was

read to illiterate and then interview was taken by the team.

Comp

Prohib

•

•

A warn

There

design

more a

What

Section

place t

genera

offices

also op

What a

1. Dis

Cha

liance of Sec

bition of Smo

No person s

Provided thpersons or made.”

ning board “N

is certain ex

nated smoking

and in the airp

are public p

n (4) of the C

to which the

al public nam

, court buildin

pen spaces s

are public pl

splay the sign

apter 3- Res

ction 4 of CO

oking in Pub

shall smoke i

hat in a hotelmore and in

No Smoking a

xemption to t

g zone or are

ports, a separ

laces?

COTPA 2003

public has a

ely auditorium

ngs, educatio

surrounding h

aces suppos

nage as per t

sult and An

OTPA

blic Places - S

n a public pla

having thirtythe airports,

area” has to

this rule; a h

a whereas in

rate provision

prohibits smo

access wheth

m, hospital bu

onal institutio

hotels/restaura

sed to do?

the specifica

alysis of Se

Section 4 of

ace

y rooms or a a separate p

be displayed

hotel having t

n a restauran

ns for smoking

oking in all pu

her as of righ

uilding, railwa

ons, libraries,

ants etc .

ation given in

ection 4 of C

COTPA, 200

restaurant hprovision for s

by the owne

thirty rooms

t having seat

g area or spac

ublic places. ‘

ht or not and

ay waiting roo

coffee house

n the Figure

COTPA Act

3:

having seatingsmoking area

er/in charge o

can have sm

ing capacity o

ce may be ma

Public Place’

includes al

om, amusem

es, canteens

below:

g capacity of a or space m

of the public p

moking rooms

of thirty perso

ade.

is defined a

l places visite

ent centers, p

, banks, club

19

f thirty ay be

place.

s and

ons or

as any

ed by

public

s and

20

a) The board shall be of minimum size of 60 cm x 30 cm of white background;

b) It shall contain a circle of no less than 15 cm outer diameter with a red perimeter of no less than 3

cm wide with a picture, in the centre, of a cigarette or beedi with black smoke and crossed by a red

band;

c) The width of the red band across the cigarette shall equal the width of the red perimeter;

d) The board shall contain the warning “No Smoking Area- Smoking Here is an Offence”, in English or

one Indian language, as applicable;

e) The board shall be prominently displayed at each entrance of the public place and a conspicuous

place(s) inside the building. If there are more than one entrance then at all entrances and exits. If

there is more than one floor, at each floor including the stair-case and entrance to the lift at each

floor.

f) Notify and display the name of a person (designated officer) to whom a complaint may be made, in

case someone is found violating the law.

2. Ensure that no ashtrays, matches, lighters or other things designed to facilitate smoking are provided.

3. Assigning a responsible officer to whom complaint may be lodged in case anybody is spotted smoking.

Can public places have a separate smoking area?

All public places have to be smoke-free. However, hotels having 30 or more rooms and restaurants

having seating capacity of 30 or more and airports may provide a separate designated smoking area.

A smoking area / space

1. Should be used only for the purpose of smoking and no other service(s) shall be allowed.

2. Shall not be established at the entrance or exit of the hotel, restaurant or airport and shall be

distinctly marked as ‘smoking area’ in English and one Indian language as applicable.

3. Physically separated and surrounded by full height walls on all four sides. Having an entrance with

automatically closing doors, and is fitted with an exhaust ventilation system which is non re-

circulating in nature or an air cleaning system or a combination of two, in such a manner that air

does not permeate into non smoking areas. The Smoking area has a negative air pressure in

comparison with the remainder of the building.

21

What constitutes violation of Sec 4?

• If public places do not put up specified signage

• Presence of ashtrays and lighters, matches or any other device to facilitate smoking.

• Smoking area established at the entrance or exit of an establishment as specified in the law.

• Smoking room with improper air flow system.

• Presence of a separate smoking room in a public place which is NOT an airport , hotel with

more than 30 rooms or a restaurant with a 30 seating capacity.

• Designated officer for reporting of violations is not mentioned.

What happens if Sec 4 is violated?

• Any violation of any Provision in this section is a punishable offence with fine extending up to Rs.

200.

• An offence under this section shall be compoundable and shall be tried summarily in accordance

with the procedure provided for summary trials in Code of Criminal Procedure, 1973.”

• If the owner, proprietor, manager or supervisor, or in-charge of affairs of the public place fails to

act on the report of such violation, he shall be fined equivalent to the number of individual

offences.

Table 3.1: Number of public places visited in Bharatpur district N=366

Type of Public Place

Accommo

dation Facilities

Eateries

Educational establishments

Offices and Workplaces

Health care facility

Most frequently visited places

Public Transport Facility

Total

Bharatpur city 14 12 10 15 14 12 13 90

Sewar 0 11 15 23 11 14 2 76

Bhusawar/ Weir 2 12 12 14 14 15 6 75

Kumher 6 4 17 20 15 10 3 75 Bharatpur Rural 5 6 14 11 11 3 0 50

Total 27 45 68 83 65 54 24 366

22

Of the total 366 public places visited during the study, 27 were accommodation facilities, 45 were

eateries, 68 were educational institutions, 83 were offices and work places, 65 were health care facilities,

54 were most frequently visited places and 24 were public transport facilities in Bharatpur district.

Table 3.2 City & Block-wise compliance of Section 4 –Display of signage as per COTPA in Bharatpur district

Bharatpur Blocks


Sewar N=76

Bhusawar/Weir N=75

Kumher N=75


Total= 366

No Smoking" Signage displayed

76 62 62 75 33 308 (84%)

N=76 N=62 N=62 N=75 N=33 N=308 No Smoking" Signage displayed as per COTPA

64 50 51 44 27 236 (75%)

Contact details written

44 34 39 46 16 179 (58%)

The above table depicts that out of total 366 public places; no smoking signage was displayed in 84%

(308) public places. Of these 308 places, 75% (236) were as per COTPA, and contact details of the

reporting person were written in 58% (179).

Table 3.3 City & Block wise compliance of Smoking and Smoking aids in Bharatpur district

Bharatpur Blocks


Sewar N=76

Bhusawar/Weir N=75

Kumher N=75


Total= 366

No Active Smoking Noticed 80 74 73 68 44 339

(93%) Cigarettes or Beedi stubs or ash not found

72 71 62 58 40 303 (83%)


74 72 63 73 45 326 (89%)


73 72 63 74 42 324 (89%)

,

23

Non availability of active smoking (Someone smoking at the time of visit) was not seen in 93% (339) of

the total places visited. Recent smoking (Smell and ashes of smoking) was not seen in 89% of the public

places and smoking aids were not available at 89% (324) places such as at eateries, accommodation.

This aspect of the Section 4 has been found to be followed.

Bharatpur City

Table 3.4 Public Places-wise presence of signage in Bharatpur city

Indicators

Accommodation Facilities N=14

Eateries N=12

Educational establishments N=10

Offices and WorkplacesN=15

Health care facility N=14

Most frequency Visited places N=12

Public Transport Facility N=13

Total N=90

No smoking signage displayed

11 9 8 15 10 12 11 76 (84%)

N=11 N=9 N=8 N=15 N=10 N=12 N=11 N=76 Signage’s displayed as per COTPA

9 6 8 15 8 10 8 64 (84%)

Contact details written

6 6 8 8 5 8 3 44 (58%)

As per the above table, total 90 public places were visited in Bharatpur city; no smoking signage was displayed in 84% (76) places out of 90 and 84% signages as per COTPA.

Table 3.5 Public Places-wise presence of Smoking and smoking aids in Bharatpur city

Bharatpur City N=90

Indicators Accommodation Facilities N=14

EateriesN=12


Offices and Workplaces N=15

Health care facilityN=14


Public Transport FacilityN=13

Total N=90

No Active smoking noticed 14 11 9 15 12 7 12 80

(89%)

No Smoking aids available 14 12 9 12 10 7 8 72

(80%) No Smell of smoke or ashes observed 14 12 10 12 10 7 9 74

(82%) Non Availability of Cigarette butts or Beedi stubs

14 12 9 12 12 5 9 73 (81%)

24

Active smoking was not seen in 89% (80) public places, 80% (72) public places in Bharatpur city have not

promoted smoking by providing smoking aids. Non-availability of cigarette butts or beedi stubs were not

found in 81% (73) places.

Sewar Block Table 3.6 Public Places-wise presence of signage in Sewar Block Sewar N=76 Indicators Accom

modation Facilities N=2

Eateries N=11





Public Transport FacilityN=2

Total N=76

No smoking signage displayed 2 8 15 20 7 8 2 62

(82%) N=2 N=8 N=15 N=20 N=7 N=8 N=2 N=62 Signage’s displayed as per COTPA 2 7 14 16 4 5 2 50

(81%) Contact details written 2 4 6 15 3 2 2 34

(55%)

The above table depicts that from total 76 public places visited; no smoking signages were displayed in only 82% (62) of the places.

.Table 3.7 Public Places-wise presence of smoking and smoking aids in Sewar Block

Sewar - N=76


Eateries N=11



Health care facilityN=11



Total N=76

No Active Smoking Noticed 0 11 14 23 11 13 2

74 (97%)

Cigarettes or Beedi stubs or ash not found in public places 0 8 14 23 11 13 2

71 (93%)

No Evidence of smell /ashes of recent smoking 0 11 12 23 11 13 2

72 (95%)

Smoking aids (ashtray, matchboxes, and lighters) not visible 0 10 14 22 11 13 2

72 (95%)

It was observed that in Sewar block the active smoking was not seen in 97% (74) places. Smoking aids

and evidence of recent smoking were not found in 95% (72) public places.

25

Bhusawar/ Weir Block

Table 3.8 Public Places-wise presence of signage in Bhusawar/ Weir Block

Bhusawar/ Weir N=75 Indicators Accommo

dation Facilities N=2

Eateries N=12






Total N=75

No Smoking Signage displayed 2 8 11 12 12 13 4

62 (83%)

N=2 N=8 N=11 N=12 N=12 N=13 N=4 N=62 No Smoking Signage displayed as per COTPA

2 6 11 9 10 10 3 51

(82%)

Contact details written 0 5 10 1 12 8 3 39

(63%) According to the observation in Bhusawar block, it was found that from total 75 public places, no smoking signage were displayed in 83% (62) of the places, and the 82% signage as per COTPA

specifications.

able 3.9 Public Places-wise presence of smoking and smoking aids in Bhusawar/ Weir Block

Bhusawar/Weir - N=53


Eateries N=12






Total N=75

No Active Smoking Noticed

2 12 12 14 14 13 6 73 (97%)

Cigarettes or Beedi stubs or ash not found in public places

1 8 12 12 14 12 3 62

(83%)


1 9 12 11 14 12 4 63 (84%)


1 10 12 10 14 9 5 61 (81%)

26

As per the table no active smoking; no evidence of recent smoke – in form of smell/ashes and no

availability of smoking aids were seen in above 81% places observed in Bhusawar/ Weir block.

Kumher Block

Table 3.10 Public Places-wise presence of signage in Kumher Block

Kumher N=75


Eateries N=4






Total N=75

“No Smoking "Signage displayed

6 4 17 20 15 10 3 75 (100%)

N=6 N=4 N=17 N=20 N=15 N=10 N=3 N=75 No Smoking Signage displayed as per COTPA

1 1 10 14 11 7 0 44 (59%)

Contact details written 1 1 10 14 11 7 2 46

(61%) According to the observation in Kumher block, it was found that from total 75 public places, no smoking signage were displayed in 100% (75) of the places and out of them only 59% signage followed COTPA specification. Contact details were written in 61% (46) signage out of 75 public places.

Table 3.11 Public Places-wise presence of smoking and smoking aids in Kumher Block

Kumher N=75


EateriesN=4


Offices and WorkplacesN=20




Total N=75

No Active Smoking Noticed 6 1 16 19 15 8 3 68

(91%) Cigarettes or Beedi stubs or ash not found in public places

4 1 15 15 14 7 2 58 (77%)


6 4 16 19 15 10 3 73 (97%)


6 4 16 20 15 10 3 74 (99%)

27

As per findings the Active smoking was not found in 91% (68) places out of 75 public places, as well as

evidence of smell /ashes were not found in 97% places. Smoking aids were not visible in 99% (74) public

place which shows compliance to these aspects of the section 4.

Bharatpur Rural Table 3.12 Public Places-wise presence of signage in Bharatpur Rural


EateriesN=6





Total N=50

No Smoking" Signage displayed

3 4 11 8 5 2 33 (66%)

N=3 N=4 N=11 N=8 N=5 N=2 N=33 No Smoking Signage displayed as per COTPA

3 2 10 7 3 2 27 (81%)

Contact details written 2 1 8 2 3 0 16

(48%)

From the above table total 50 public places visited in Bharatpur rural; no smoking signage were displayed in only 66% (33) of the places and out of them 81% signages followed COTPA specification.

Contact details were written in 48% (16) of these 33 places.

Table 3.13 Public Places-wise presence of smoking and smoking aids in Bharatpur Rural


EateriesN=6





TotalN=50

No Active Smoking Noticed 5 4 11 10 11 3 44

(88%)Cigarettes or Beedi stubs or ash not found in public places

4 2 12 9 11 2 40 (80%)


5 4 12 10 11 3 45 (90%)


4 5 12 10 11 3 45 (90%)

Active smoking was not found in 88% (44) public places. Smoking aids and evidence of smell or ashes

were not visible in 90% (45) places visited in Bharatpur rural.

Chapter

Sec

• B

pr

an

• T

ev

co

• N

to

• N

• H

pa

Advertisin

specificall

product o

feeling. S

attorneys

and prom

designed

r 4- Result a

ction 5 of CO

oth direct &

roducts proh

nd print medi

otal ban on s

vents by cig

ompanies

No trade mark

obacco produ

No person, und

However, adve

ackages but u

ng is the proce

ly, there’s a

r service, but

imilarly Toba

have often a

otional techn

to increase th

and Analys

OTPA, 2003: Tobac

indirect adv

ibited in all

a

sponsoring of

garette and o

k or brand nam

ct to be prom

der contract o

ertisements o

under certain

ess of calling

desire to ma

t to feel a cert

acco marketin

asserted that

iques that ha

he desirability

is of SectioCO

Prohibition occo Products

vertisement o

forms of aud

f any sport an

other tobacc

me of cigaret

moted in excha

or otherwise,

of tobacco pro

restrictions.

the attention

anipulate and

tain way abo

ng has been

t tobacco com

ave targeted y

y of tobacco u

on 5, SectionOTPA Act

of Advertises.

of tobacco

dio, visual

nd cultural

co product

ttes or any

ange for spon

to promote o

oducts are pe

n of the public

d encourage

ut it and witho

n a key issu

mpanies have

youth (includi

use while obs

n 6(a), Sect

ements, Prom

nsorship, gift,

r agree to pro

ermitted at po

c to a product

a target aud

out this produ

ue in tobacco

e marketed t

ng the plainti

curing its dan

tion 6 (b), Se

motion and S

prize or scho

omote any tob

oint of sale (

t or service by

dience into n

uct or service

o litigation. P

heir products

ffs) with mes

ngers.

ection 7, 8,

Sponsorship

olarship

bacco produc

PoS) and on

y a business.

not only desir

e, they will lac

Plaintiffs and

s using adver

sages and im

28

9 of

of all

ct.

retail

More

ring a

ck this

their

rtising

mages

Table 4.1

Number onot adverttobacco product

Total 351

tobacco p

Section 6

• S

ag

• T

bu

• A

de

pr

Table 4.2

Sale of Tobacco Products

Display of

signage

Display of

signage a

per COTP

Signage

placed at

prominent

place

Compliance

Bhacity N=8

of PoS tising

Point of sale

products. Th

6 (a) of COTP

ale of tobacc

ge of 18 is pr

he seller (sho

uying the toba

A specified d

eclaring that

rohibited”

2 Display of S

s

Bharacity N=84

f 6

N=

f

as

PA

6

t 6

e of Section 5

aratpur

80

SewN=

80

es were visited

he Bharatpur c

PA, 2003: Pro

co products t

ohibited.

opkeeper) has

acco product

isplay board

t “sale of t

Signage at Po

atpur SewN= 7

61

=61 N

61

60

5 of COTPA

Bha

war 76

BhuN=

76

d during the s

city and all th

ohibition on

to and by the

s to ensure th

is not a mino

to be put up

tobacco prod

oS

P

Bha

war 76

BhN=

48

N=48

48

48

ratpur Block

usawar/Weir75

75

study, out of w

e 3 blocks fo

Sale to Mino

e persons un

hat the person

or.

p at the point

ducts to mi

PoS , N=351

aratpur Block

husawar = 75

50

N=50

50

50

k

Kumher N= 75

75

which 100% (

llow the sectio

ors

nder the

n who is

t of sale

inors is

k

Kumher N=75

63

N=63

63

63

Bharatpur Rural N= 45

45

(351) were noon 5.

BharatpuRural N=45

22

N=22

22

22

r PoS , N=351

351

ot advertisin

Total N=351ur

244(70%

N=24

244(100%

243(100%

29

ng the

4 %)

44

4 %)

3 %)

Among 3

displayedto require

the displa

Table 4.3

Sale of Tobacco Products

Products

not sold to

minors

Products

not sold b

minors

Out of 35

selling th6(a) of CO

Section 6

• In

pr

• A

Adolescen

both rura

deterring

tobacco c

those with

influences

of knowle

tobacco

advertisem

counter de

51 shops ev

d the signageed norms. The

ayed signage

3 Sale of Tob

s

Bharacity N=84

are

o 8

are

by 7

1, 95% (334)

he products bOTPA is follow

6 (b) of COEducatio

n order to re

rohibited with

A display boar

nts in the age

l and urban

tobacco expe

control policie

hout such po

s, such as, pa

dge on harmf

use by fa

ments are

evelopment o

valuated, whi

e which show

e display of s

follows COTP

acco produc

atpur SewN= 7

84

73

PoS were nby the minorwed at selling

TPA, 2003: onal Institutio

estrict access

hin a radius of

d has to be p

e group of 14

areas. An ef

erimentation a

es have reduc

olicy, both in

arents’ and c

ful effects of

amily memb

strongly ass

of such pro-to

ich were sel

ws “Selling of

ignage is ver

PA specificati

cts to and by

P

Bha

war 76

BhN=

74

74

ot selling thers. That is ve

g points.

Prohibitionons

s of youth for

f 100 yards of

put up outside

4-19 years a

ffective schoo

among adole

ced tobacco

rural and ur

closest friend

tobacco, pos

ers and vi

sociated with

obacco attitud

ling tobacco

tobacco prod

ry low to be c

ons.

y Minors at P

PoS , N=351

aratpur Block

husawar = 75

70

67

e products try good indica

on Sale of

r tobacco pro

f an outer bou

e the educatio

re the most s

ol level tobac

scents. Scho

use as comp

rban areas. S

d’s tobacco us

itive attitude t

iewing of t

h tobacco u

e, teaching

products in

ducts below 1

considered for

PoS

k

Kumher N=75

75

74

o the minorsator which sh

Tobacco Pr

oducts, the s

undary of an e

onal institution

susceptible to

cco control p

ools with

pared to

Societal

se, lack

towards

tobacco

use. To

Bharatpur, 78 years is an

r compliance

BharatpuRural N=45

31

45

s and 94% (3

hows that com

roducts With

sale of the to

educational in

ns declaring th

o initiate use

policy would p

70% (244) soffence” was

of COTPA th

Total N=351ur

334(95%

333(94%

333) PoS wermpliance to Se

hin 100 yard

obacco produ

nstitution.

he same.

of tobacco u

play a vital r

30

shops s less

hough

4 %)

3 %)

re not ection

ds of

ucts is

use in

ole in

31

and training to students should be mandated in all schools. School teachers and counselors ought to be

oriented on the facts related to tobacco production, distribution channels and consumption patterns

amongst adolescents so that they could play a deterrent role for those initiating this and could help the

users give up this habit.

Table 4.4: Type of Kiosk/Shop found Selling Tobacco Products Within 100 yards of Educational Institute

Education Institutions, N=357

Norms of Section 6b

Bharatpur Block

Bharatpur city N= 84

Sewar N=76

BhusawarN= 75

Kumher N= 76

Bharatpur Rural N-45

Total N-357

Signage as per Section 6 b of COTPA is displayed

75 57 59 52 28 271 (76%)

No Sale of Tobacco Products inside the Campus

84 76 75 76 45 357 (100%)

No Sale of tobacco products within 100 yards of radial distance from the institute’s main gate or boundary

74 60 71 73 44 322 (90%)

In order to check the compliance of Section 6 (b) total 357 Educational institutions were visited in

Bharatpur district, 76% (271) from the total have displayed the signage which shows ‘”Prohibition on

Sale of Tobacco Products Within 100 yards of Educational Institutions”. The displaying of the signage in

schools was not sufficient to achieve the compliance.

All the institutions visited strictly adhere to the compliance by not selling the tobacco products inside the

campus. 90% of education institutions have strictly followed Section 6(b) of COTPA, the tobacco products within 100 yards of Educational institutions were not sold.

32

Section 7, 8 & 9 of COTPA, 2003: Prohibition on Sale of Cigarettes and Other tobacco products without specified health warnings

• All tobacco product packages need to carry prominent and legible

health warnings.

• These warning shall also be pictorial in nature.

• The warnings will be given in the same language as given on the

pack.

• All imported tobacco products should also carry the specified

warnings.

Table 4.5 Number of products assessed in Bharatpur district

To observe the compliance of Section 7, 8 & 9, total 1122 products were assessed in the Bharatpur district.

Section 7, 8 & 9

Bharatpur BlockBharatpur city

Sewar Bhusawar Kumher Bharatpur Rural

Total

Number of products assessed

270 240 240 240 132 1122

33

Table 4.6 Health warnings on the packs in Bharatpur city

Bharatpur City N-270

Variables

Cigarettes- Indian Made

N-90 Beedi N-90 Smokeless

tobacco N-90

Health Warning is present 90 90 90

If yes is it as per GSR (724) E, sep. 12,2012 90 90 90

If yes Smoking Kills or Tobacco Kills is written on the pack

90 90 90

Health warning is written on the pack in white font colour & black colour background

90 90 90

Health warning is placed at the bottom and below pictorial presentation

90 90 90

Word Warning is written in red font with black background

90 90 90

picture size is distorted, shortened or compressed

0 0 0

Health warning is in same language used on the pack

0 0 0

More than one language on the pack 90 90 90

Messages are promote a specific tobacco brand 0 0 0

the PHW is masked or damaged in opening of the pack

0 0 0

PHW is placed at the joints between two pouches

0 0 0

Total 270 samples of tobacco products were observed in Bharatpur city, 90 each of cigarettes, Beedi and

smokeless tobacco. All the products have health warning on the packaging and have warning as per

GSR (724) E, sep. 12, 2012.

34

Table 4.7 Health warnings on the packs in Sewar Block

Sewar N-240

Variables

Cigarettes- Indian Made N-80

Beedi N-80

Smokeless tobacco N-80


If yes is it as per GSR (724) E, sep. 12,2012 66 77 80


65 77 80


65 77 80


65 76 80


64 76 80

Picture size is distorted, shortened or compressed

0 0 0


21 32 36


Messages are promote a specific tobacco brand

0 0 0


0 0 0


0 0 0

Total 240 samples of tobacco products were observed in Sewar block and all the observed brands Cigarette, Beedi and smokeless have health warning on their packaging.

35

Table 4.8 Health warnings on the packs in Bhusawar block

Bhusawar N-240

Variables Cigarettes- Indian Made N-80

Beedi N-80



If yes is it as per GSR (724) E, sep. 12,2012

80 80 80


80 80 80


80 80 80


80 80 80


80 80 80


0 0 0


0 80 80



0 0 0


0 0 0


0 0 0

Total 240 samples of tobacco products were observed in Bhusawar block and all the observed brands Cigarette, Beedi and smokeless have health warning on their packaging.

36

Table 4.9 Health warnings on the packs in Kumher block

Kumher N-240

Variables

Cigarettes- Indian Made

N-80 Beedi N-80




84 84 84


84 84 84


84 84 84


84 84 84


84 84 84


0 0 0


0 84 84



0 0 0


0 0 0


0 0 0

Total 240 samples of tobacco products were observed in Kumher block. And all the observed brands Cigarette, Beedi and smokeless have health warning on their packaging.

37

Table 4.10 Health warnings on the packs in Bharatpur rural

Bharatpur rural N-132

Variables Cigarettes- Indian Made

N- 44 Beedi N-44




44 44 44


44 44 44


44 44 44


44 44 44


44 44 44


0 0 0


Total 132 samples of tobacco products were observed in Bharatpur rural block. And all the observed brands of Cigarette, Beedi and smokeless have health warning on their packaging.

38

Chapter 5- Conclusion

Though Rajasthan was one of the leading States to implement the law against public smoking and

advertising of tobacco products in 2003, the compliance rate in the State is still low and its policies require

more rigorous enforcement with regard to display and sale of tobacco products and “No Smoking”

signage at public places. The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and

Regulation of Trade and Commerce, Production, Supply and Distribution) Act, enacted in 2003, has three

sections which address smoke-free environment, tobacco advertising, promotion and sponsorship and

sale of tobacco products to minors. `Tobacco advertising needs to be restricted and easy access to

tobacco products should be eliminated especially for the youth.

The current compliance monitoring survey indicates that sincere efforts of Bharatpur district administrations along with its partners PSI have played a major role in effective implementation of Section 4, 5, 6 of COTPA act. Thus district Bharatpur may be declared as smoke free. Conclusions:

Section 4:

From total 366 public places visited, no smoking signage was displayed at 84% of the places.

Evidence of active smoking, were not seen at the time of visit in above 93% public places.

• No evidence of smell/ashes of recent smoking was found at 89% of public place. Similarly, at

89% public place, smoking aids as ashtray, matchboxes and lighter were not visible

Section 5:

Total 351 Point of sales were visited during the study, out of which 100% did not advertise the tobacco products. This compliance to Section 5 indicates strict enforcement and monitoring.

Section 6 (a):

From the 351 PoS visited only 69% PoS displayed the signage.

All displayed signage were as per COTPA specifications.

95% PoS were not selling the products to the minors and 94% PoS were not selling the products

by the minors.

The displayed signage at the POS was insufficient to be qualified for compliance despite following COTPA specifications.

39

Section 6 (b):

• In order to check the compliance of Section 6 (b) total 357 Educational institutions were visited,

only 76% displayed signage “Prohibition on Sale of Tobacco Products within 100 yards of

Educational Institutions”.

• All the institutions visited were strictly adhering to the compliance by not selling the tobacco

products inside the campus.

• The tobacco products within 100 yards of Educational institutions were not sold by 90% PoS.

• More than three forth (76%) of the education institutions followed Section 6b compliances. There

is need for strict monitoring and enforcement in Bharatpur

Section 7,8 & 9:

• 100% tobacco products have Health Warning on the packs and it was written on the pack in red

font with black background.

40

Annexures1

List of Educational Institutions

Maa Kameshvari, Bhusavar, Vair

Govind Compitation Classes, Bhusavar

RDPS Public School, Bhusavar Balaji Coaching Centre, Bhusavar, Vair Balaji Coaching Centre, Bhusavar, Vair Indra Public School, Bhusavar, Vair

Kasotiya Coaching Centre, Bhusavar, Vair Bajrang Ser. Sec. School, Bhusavar, Vair

National Computer College, Bhusavar, Vair Diwan Public School, Bhusavar, Vair BS Primary School, Salempur Khurd, Vair Govt. Sec. Girls School, Salempur Govt. Ser. Sec. School, Salempur Khurd, Vair Govt. Sec. School, Salempur Khurd, Vair Govt. Sec. School, Kamaalpura, Vair Shri Gurui Pvt. Ind. Training Centre, Kamaalpura, Vair Lok Shiksha Kendra, Kamaalpura Govt. Sec. School, Kamaalpura, Vair Sarvodya ITI College, Kamaalpura

Subh Laxmi Ser. Sec. School, Chokarwara, Vair

Govt. Primary School, Jaatav Basti, Chokarwara, Vair Dhruv Coaching Centre, Chokarwara, Vair Shri Vivekanand Computer Centre, Chokarwara, Vair Ekta Children Acedamy, Chokarwara, Vair Govt. Girls School, Chokarwara Kalan Upendra Sec. School, Halena TPS Sec. School, Halena Hans Public School, Halena, Vair Sanskar Bharti Sec. School, Halena Govt. Ser. Sec. School, Halena, Vair Govt. Ser. Sec. School. Halena TPS, Halena, Vair Govt. Girls School, Halena, Vair Govt. Sanskrit School, Halena, Vair

Govt. School, Nagladhand, Kamaalpura, Vair

Anglo Indian Multipurpose Trg. Vemtre, Baachrain, Vair BS Aadarsh UPS, Baachrain, Vair Happy Morden Ser. Sec. School, Baachrain, Vair

Govt. Ser. Sec. School, Baachrain, Vair Govt. Girls Sec. School, Baachrain, Vair

Govt. Ser. Sec. School, Chokarwara, Vair

41

Tanu Bright Public school, Cheatoli, Vair M.K. Aadarsh Public School, Cheatoli, Vair Govt. Ser. Sec. School, Cheatoli, Vair Tanu Bright Public school, Cheatoli, Vair Harsh Computer Centre, Bhusavar, Vair Govt. Ser. Sec. School, Bhusavar, Vair Prem Public Ser. Sec. School, Bhusavar, Vair Upkhand Jyoti Coaching Centre, Bhusavar, Vair

Sulabh Sec. School, Bhusavar, Vair

Govt. Girls Ser. Sec. School, Bhusavar, Vair Menduram Public School, Bhusavar, Vair Gandhi Jyoti Public School, Bhusavar, Vair Gandhi Jyoti Public School, Bhusavar, Vair Pragati Piblic School, Bhusavar, Vair

Aadarsh Computer & Networking, Bhusavar, Vair

Shivam Computer Coaching Center, Bhusavar, Vair Aadarsh Ambedkar Public School, Bhusavar, Vair Aadarsh Vidhya Mandir School, Bhusavar, Vair

Anupam Bal Vidha Mandir Malah Bharti Public Sec. School Mahal Govt. Se.Sec. School

Govt. Girls Se.Sec. School Govt. Se.Sec. School

Priti Shiksha Samiti Kalyanpur Govt. Se.Sec. School Adarsh Rajni Se.Sec. School Govt. Se.Sec. Girls School Priya Adarsh Se. Sec. School Govt. Se.Sec. School Govt. Se.Sec. Girls School Govt. Se. Sec. School Govt. Se.Sec. School Govt. Se.Sec. School Ahrint Dev ITI Medical Shiksha Nadbai Govt. Se. Primary School Mahaveer Shiksha Samiti SDM Public School Sri Krishan Academy Nadbai Jeevan Jyoti Se.Sec. School Rameshwaram Se.Sec. School

Bhagwati Bal Niketan Se. Sec. School Gyan Ratan Se. Sec. School

Gyan Ratan Se.Sec. School Laxmi Bal Vidha Mandir Se.Sec. School Bharti Bal Niketan Nadbai

42

Sri Dev Ind. Training Centre Govt. Girls Se.Sec. School Govt. Sec. School Bailara

Govt. Se. Sec. School Mother Tarosa Training Centre K.D.Se.Sec. School Swami Dayananad Sarswati Public Se.Sec. School

R.K. Computer Centre Sunrise Children Acadamy Bhagwan Mahaveer Nidhi Training Centre Adarsh Taigor Shiksha Samiti Vivekanand Se.Sec. School Mahatama Gandhi ITI Training Centre Jagrati Public Se.Sec. School Nadbai SRG English School Nadbai Gurukul Vidha Aangan Se.Sec. School SR International Academy Nadbai

SRPG College

Bhaskar Vidha Mandir Se.Sec. School Shiv Se. Sec. School Anjali Public School Govt. Primary School

Govt. Primary School Govt. Praveshika Sanskrit School Govt. Girls Se.Sec. School Sewar Govt. Primary School Siniyani Sewar

K.V. M. Se. Sec. Sikshan Santhan Jharoli Govt. Adarsh Primary School Sewar Govt. Girls Se. Sec. Primary School Govt. Primary School Sewar Jai Shiv Niji Ind. Trainining Govt. Se. Sec. School Ludhabai Sanskar Vikas Public School Govt. Se. Sec. School Govt. Se. Sec. School Sewar Govt. Se. Sec. School B.S.Public School Sewar Govt. Se.Sec. School Chandra Computers Centre N.S. Deshwal School Sewar D.P.S. Sewar Maharaja Yashwantrao Holkar School Govt. Se. Sec. School Jai Computer Centre Sinyani Sewar Govt. Se.Sec. School Balaji Coaching Centre Digmember Sindh Digree Collage

43

R.K. Morden Public School Govt. Se.Sec. School Nana Sugreev Vidhya Peeth Se. Sec. School Swami Sahjanand Se.Sec. School Indian Se.Sec. School Subhash Nagar D.A.B. Public Se. Sec. Shool, Subhash Nagar Soni Acdemy Se. Sec. School Agrsain Shri Krishna Se. School, Bus Stand Ke Pass Shri Chetanya ITI Center, Subhash Nagar Sanjay Memorial Se.Sec. School St. Saleji Pulic Se.Sec. School Govt. Mahila Polotechnic College C.G.I. World School St. Peters Se.Sec. School Pulic Line Shri Gokul Verma College Vivekanand Compition Classes Satyam Acedmy Manthan Shikshan Sansthan Duksh Acedmy, Multipurpose Chauraha Shri Jan Shikshan Sansthan, Multipurpose Chauraha, Bharatpur Disha Shikshan Sansthan Kotilya Coching Center Adityendra Govt. Se.Sec. School Mohit Raj Acedmy, Navgarh Kunda Ke Kinare Govt. Maharaja Badan Singh Se.Sec. School Bharatpur Kala Mandir Shikshan Sansthan Kala Mandir S.S. School, Bharatpur IIPM College, Bharatpur ARTS Computer Center Gupta Coching Center, Bharatpur Maharani Shri Jaya College, Bharatpur Unic Coching Center, Bharatpur Vinayak Difence Career Institute Coching Center, Bharatpur Solejar Difence Acedmy Coching Center, Bharatpur Pooja Career Institute Bharatpur Coching Gyanodam Vidhya Niketan Se.Sec. Bharatpur Govt. Se.Sec. School, Railway Station, Bharatpur Govt. Girls Se. School, Narayan Gate, Bharatpur Rajasthan Rajya Bharat Skaut Guide Mandal Mukhyalya, Railway Staition, Bharatpur Pooja Bal Vidhya Mandir, Bharatpur Railway Station AKG Public Sec. School, Gandhi Nagar Railway Station Ke Pass, Bharatpur Om Computer Center Bharatpur Shanti Niketan Coching Center, Bharatpur City Anjali Classes, Bajrang Vihar, Bharatpur City Aims Acedmy, Budh Ki Hat, Bharatpur S.D.S. Public Sec. School, V Narayan Gate, Bharatpur Gaud English Classes, V Narayan Gate, Bharatpur Sanskar Niketan, New Aadarsh Nagar, Bharatpur City

44

A.K.M. Acedmy, Mori Char Bag, Bharatpur Gurmeetgyan Mandir School, Moricharbag, Bharatpur Subhashgyan Mandir, Moricharbag, Bharatpur Study Student Public School, Moricharbag, Bharatpur St. Vilium Public School, Gopalgarh, Bharatpur St. Soldiers Sec. School, Peeli Kothi, Moricharbag, Bharatpur Ekta Acedmy Shriram Se.Sec. School, Surajpol, Bharatpur New Sidharth Public School, Gopalgarh, Bharatpur Arvind Education Se.Sec. School, Gopalgarh, Bharatpur City Govt. Girls Se. School, Bharatpur City R.D.G. College Kila, Bharatpur Govt. Se.Sec. Testy Kila, Bharatpur Subhashgyan Vidhya Mandir, Nadiya Mohalla, Bharatpur City Shri Gurukul Public School, Nadiya Mohalla K.P.S. Nadiya Public School, Nadiya Mohalla, Bharatpur City Navdha Public School, Kila Bharatpur City St. Thamas Public School, Kila Bhatpur City British Lenguage Study Center, Kila Bhatpur City Saibar Computer Center, Kila Bharatpur City Gaurav Compition Classes, Kila Bharatpur Ciyt Jai Ambay Computer Center, Ganga Mandir, Bharatpur City Vaidant Classes, Kila Bharatpur City Jain Classes, Nadiya Mohalla, Bharatpur City Banshal Classes, V Narayan Gate, Bharatpur City Surbhee Se. School, Budh Ki Hat, Bharatpur City Aaryan Computer Center Deendayn Tution Center Deshnukh Computer Center Jain Memorial School Mohit Classes Rahul Coching Center Deepika Public School Bajrang Se. School Sharda Public School Sayet Public School Diamand Acedmy Gaytri Public School Rajendra Public School Govt. Se.Sec. School, Nagla Jhodhasingh Shri Bhagwan Adarsh Vidhya Mandir, Borai Govt. Pri. School, Borai Govt. Sec. School, Belara Kalan Kirti Public School, Belara Kalan Govt. Sec. School, Borai Shahid Mohan Singh Govt. Se. Sec. School Govt. Girls Se.Sec. School, Kumha Maharaja Jawaharsingh, Paingor Saraswati Vidhya Mandir Sec. School, Dadu Paingor

45

Govt. Se. Pri. School, Khan Paingor K.S. Public School, Dadu Paingor Gyan Bharti School, Dadu Paingor J.K. Sec. School, Dudu Paingor Ganshyam International School, Talfara Shri Laxminarayan Sanskrit Sec. School, Sikrori Hariom Gyan Gayatri Adarsh Vidhyapeeth School, Sikrori Govt. Girls Se. Pri. School, Sikrori Govt. Pri. School, Sikrori Govt. Sec. School, Sikrori D.S. Public School, Pichumar Govt. Sec. School, Pichumar Govt. Se. Sec. School, Jahangirpur Saraswati Adarsh Vidhyapeeth, Jahangirpur Govt. Se. Sec. School, Vijay Nagar Mayur Vidhya Mandir, Helak Kirti Vidhya Mandir, Helak Govt. Pri. School, Helak Govt. Se. Sec. School, Helak Govt. Modal Se. Sec. School, Kanya Helak Shahid Mahesh Kumar Govt. Se. Sec. Shool, Sogar Govt. Adarsh Se. Pri. School, Sogar Govind Shiksha Samiti Se. Sec. School, Sogar Sardar Memorial Se. Sec. School, Sogar Govt. Girls Se. Pri. School, Sogar Govt. Se. School, Awar Govt. Se. Pri. School, Awar Govt. Vidhya Public Se. Pri. School, Nagla Jeevan Govt. Se. Sec. School, Nagla Jeevan Govt. Adarsh Pri. School, Ajan Shahid Virendra Singh Govt. Se. Sec. School, Ajan Shri Shivam Vidhya Mandir Se. Sec. School, Ajan New Gurukul English Midium School, Ajan Baba Kanchan Adarsh Shiksha Mandir Sec. School, Ajan Morden Difence Sec. School, Gunsara Morden Difence Pri. School, Gunsara Shrimati Sheela Devi Shikshan Sansthan Sec. School, Gunsara Govt. Se.Sec. School, Gunsara K.P. Public School, Gunsara Govt. Girls Se. Pri. School, Gunsara Govt. Se. Sec. School, Takha Govt. Se. Sec. School, Takha Govt. Se. Pri. Sanskrit School, Dhehra Govt. Sec. School, Dhehra B.S. Adarsh Vidhya Mandir Se. Sec. School, Dhehra Chamunda Devi Kanya College. Kumher Children Yash Kids Sec. School. Kumher Sainik Public School, Kumher

46

Adarsh Sadna College, Kumher Adarsh Sadhna Se. Sec. School Shri Ratan Singh Girls College, Kumher JMKD ITI College, Kumher Birlent Public Se. Sec. School, Kumher Nawab Singh Girls College, Kumher Govt. Girls Se. Pri School, Kumher Kiran Gaytri Vidhya Mandir, Kumher Govt. Girls Se. Sec. School, Kumher Shri Gomti Prasad Govt. Se. Sec. School, Kumher Bajrang Model Se. Sec. School, Kumher Rajeev Gandhi Memorial Se. Sec. School Lard Krishna Acedmy, Kumher Keshav Adarsh Sec. School, Kumher Maharaja Agrsain Public School, Kumher Manav Bharti Se. Sec. School, Kumher Govt. Se. Sec. School. Maharajsar, Kumher Govt. Se. Sec. School. Maharajsar, Kumher Sharda Niketan Sec. School Paran Institute Govt. Primary School, Javahar Nagar Sun Joy Play School, Javahar Nagar Bhagat Singh Morden School Jaya Classes Shri Ji Vinayak Classes Agarwal Vidhya Niketan Sec. School Sarasvati ITI College Smt. Kamlesh ITI College Shikhar Classes, Krisna Nagar Royal Classes, Krishna Nagar Just Get Up, Krishna Nagar Sahayog, Teacher Trg. Institute, Krishna Nagar District Teacher Trg. Institute Lohagarh Senior Sec. School Devi Ahilya Baai Holkar Ser. Sec. School LSSD, ITT, Bharatpur Jai Hind Industrial Training Institute Swami Dyanand Sec. School, Bhar Kendriya Vidhalay, Bharatpur TM Motors Pvt. Ltd. School Pacific College Success Mirror Compitatio Classes SRS Classes GIMT College DAY Pre School, Bharatpur Saini Public Sec. School, Bharatpur Saini Ser. Sec. School, Bharatpur Nehru Baal Niketan School, Bharatpur

47

Global Agriculture Institute, Bharatpur Sangharsh Pratiyog Sansthan, Kali Bagichi Choraha Ray's Academy Jai Hind Publc Ser. Sec. School, Namak Katra Bhagat Singh Morden School Govt. Secondary School, Civil Lines, Gopalgarh Minarva Ser. Sec. School, Gopalgarh, Bharatpur Pandit Din Dayal Upadhyaay Sec. School, Gopalgarh Aanand Sec. School, Rundhiya Nagar, Bharatpur Aanand TT College, Rundhiya Nagar, Bharatpur Gandhi Public Ser. Sec. School, Gopalgarh Aanand Vidhya Mandir, Gopalgarh Gyan Ganga Ser. Sec. School, Anuya Nagar Sanskar Niketan, Aadarsh Nagar Guru Nanak Ser. Sec. School, Paai Baag, Bharatpur

48

Annexure 2

Field Investigator Name:............................................................................................. Date: .................... Place: ............................................................................................................................................................. Checklist I for Survey on Section 4

PART- I: INFORMATION ABOUT LOCATION/PUBLIC PLACE

1. Name of the District:

2. Name of the Block:

3. Name of the Public place:

4. Address :

5. Type of Public place ( Please Mark √ )

Category 1: Accommodation facilities such as lodge/hotel/rest house/sarai

Category 2: Eateries such as Restaurant/bars/dhaba/ tea stall/Ahata

Category 3: Educational establishments Category 4: Offices (Government/office) Category 5: Health care facility (Govt./Pvt.) Category 6: Bus stand/taxi stand/ rain

shelter/mall/market/cinema ghar/amusement park/museum/water parks

Category 7: Public transport: bus/taxi/maxi cab/three wheeler 6. Date of visit: / /2014

7. Time of visiting the Public place ( Please Mark√ )

9:00 am‐1:00 pm

1:00 pm‐3:00 pm

3:00 pm‐5:00 pm

5:00 pm‐7:00 pm

7:00 pm‐9:00 pm

8. Name of Field Investigator 1……………………………..

2……………………………

49

PART‐II: OBSERVATION INFORMATION

1. Whether “No smoking signage” is displayed? YES NO 1.1 If yes, whether signages are displayed at entrance and other

conspicuous places? YES NO NA

1.2 If yes, whether signages are as per the specification of COTPA-2003 in size, text and design?

YES NO NA

1.3 If yes, whether contact details of reporting person written?

YES NO NA

2. Whether someone is found smoking at the time of visit? YES NO 3. Whether the smoking aids such as ashtrays, matchboxes

and lighters etc. are visible? YES NO

4. Whether someone has done smoking recently in this public place- as evident from the smell?

YES NO

5. Whether some cigarettes butts or Beedi stubs/ash are found?

YES NO

Next questions only applicable to three categories 1. Accommodation facility 2. Eateries 3. Airport

6. Whether any Smoking zone/space/area is designated for the smokers in the hotel/ restaurant/airport?

YES NO NA

6.1 If yes, what is the sitting/accommodation capacity of a restaurant/hotel……………………................

6.2 If yes, whether smoking area/zone/ space is as per

specification of the act (location/built/exhaust to

outside/automatic closing door etc.)?

YES NO NA

6.3 If yes, whether this smoking area/space/zone is used

only for the purposes of smoking and no service(s) are

allowed therein.

YES NO NA

Next question only applicable to one category (Accommodation facility)

7. Whether designated smoking rooms are available in an accommodation facility.

YES NO

7.1 If yes, what is total number of rooms in an accommodation facility………………….....

50

Annexure 3

Checklist II for Survey on Section 6 (b) Part I: Background Checklist

Part II: Observation checklist

Sl. No Indicators Observation Yes / No Please mark (√ )

1. Display of signage as mandated in the law-section 6 (b) of COTPA

Yes No

If yes, whether it is as per the specification mandated by law

1.1 Text is as per law Yes No NA

1.2 Background colour of the board is White Yes No NA

2. Sale of tobacco products inside the campus Yes No

2.1 If yes, please mention the total no. of PoS …………………..

2.2 If yes, please mention the type and number of PoS No of permanent shop/kiosk: Temporary/movable kiosk:

NA 3. Sale of tobacco products within 100 yards of radial distance

from the institute’s main gate or boundary Yes No

3.1 If Yes, please mention the total no. of PoS …………………………

3.2 If yes, please mention the type and number of PoS No of Permanent shop: Temporary/movable kiosk: NA

State/ District Name

Name and address of an educational institute

Whether institute is in government or private sector (Please tick√)

Government sector Private sector

Category of educational institute (Please tick√)

Primary school (Up to 5th ) Middle school (Up to 8th ) High school (Up to 10th ) Senior secondary school

(Up to 12th ) Degree college University

University study centers Medical college Engineering college Education college Computer education

center Others (Please specify)

Total no. of students studying in the institute

Total no. of staff (both teaching and non-teaching) working in the institute

Time of visit

51

Annexure 4 Checklist III for Survey on Section 6(a), Section 5, and Section 7, 8 & 9 Part 1: Background Information

District/ Block Name

Complete address

Type of the shop

(Please tick √)

Temporary /movable kiosk Permanent/fixed shop

Type of the shop

(Bussiness)

(Please tick √)

Exclusive tobacco shop

Mainly tobacco shop but also sells other things

Tobacco sale is not a major business

Date of observation DD/MM/YYYY

Name of the investigator

Part‐2 Observation Information for Section 6 (a)

Sl. No Indicator Observation (Yes / No/NA) Please mark (√ )

1 Display of signage as mandated in law - 6 (a) of COTPA

Yes No

1.1 If yes, whether placed at prominent place/clearly visible

Yes No NA

1.2 If yes, whether as per specification of law

i. Size i.e. 30cms x 60cms ii. Indian Language iii. Size of picture area (50% of the board) iv. Size of text Size (50% of the board) v. Text as per law

Yes Yes Yes Yes Yes

No No No No No

NA NA NA NA NA

2 Sale of tobacco products by a minor Yes No

3 Sale of tobacco products to the minors Yes No

4 Whether vendors enquire or see age-proof in under-age/youth (borderline case)

Yes No

5 Tobacco products are prominently displayed and visible

Yes No

52

6 Tobacco products are easily accessible to minors

Yes No

7 Tobacco products are sold through vending machines

Yes No

Part 3: Observational Information for Section 5 (PoS) Sr. No. Parameter of evaluation Observation (Yes / No/NA)

Please mark (√ )

1. Whether tobacco products advertisements are present at the PoS? Yes No

1.1 If yes, what kind of advertisements

1.1.1 Boards Yes No NA

1.1.2 Posters Yes No NA

1.1.3.Banners Yes No NA

1.1.4 Stickers Yes No NA

1.1.5 LCD/video screening Yes No NA

1.1.6 Dangles Yes No NA

1.1.7 Promotional gifts/offers Yes No NA

1.1.8 Products showcases Yes No NA

1.1.9 Any others ( please describe) 2.1 If an advertisement board is displayed, whether

its size exceeds 60X45 cm Yes No NA

2.2 Number of advertisement boards at the PoS …..please write

2.3 Whether advertisement board is illuminated or back lit

Yes No NA

2.4 Whether advertisement board displays brand packshot or brand name of tobacco products

Yes No NA

2.5 Whether advertisement board shows any promotional message or picture

Yes No NA

2.6 Whether the perticular colour and layout and or presentation is used in an advertisement board that is associated to perticular tobacco products

Yes No NA

2.7 Whether, besides the boards, advertisements Yes No NA

53

are extended to full body of PoS

3.1 Whether advertisement board displays a health warning

Yes No NA

3.2 Whether health warning is in white background with black letters

Yes No NA

3.3 Whether size of health warning is more than 20 X 15 cm

Yes No NA

3.4 Whether health warning is on uppermost portion of a board

Yes No NA

3.5 Whether health warning is written in any local Indian language (as applicable)

Yes No NA

4. Whether tobacco products are sold by a vending machines

Yes No NA

5. Whether display of tobacco products is visible to minors

Yes No NA

6. Tobacco products are sold by minors Yes No NA

54

Annexure 5

PHOTOGRAPHS

55

Documents

ort on Co OTPA A 2003 in Bharatpusihfwrajasthan.com/studies/Bharatpur.pdf · It is an observational study .Around 366 public places, 357 educational institutions and 351 tobacco retailers