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Decision No. CIC/AD/A/2011/001266/SG/14857
Appeal No. CIC/AD/A/2011/001266/SG
Relevant Facts
emerging from the Appeal
Appellant : Mr. Sunil Prajapat
Mohla,
Hisar- 125042
Respondent : Mr. Ranendra Singh Negi
PIO & Under Secretary
Ministry of Health and Family Welfare
Government of India
Nirman Bhawan
Delhi-110011
RTI application filed on : 24/11/2010 received by PIO on 09/12/2010
PIO replied : 05/01/2011
First appeal filed on : 27/01/2011 and reminder letter on
26/03/2011
First Appellate Authority order : not mentioned.
Second Appeal received on : 11/05/2011 Information Sought:
1. a) What are your efforts for banning smoking? b) Please provide information about the critical
investigation of the same? c) What are the reasons for your efforts being just for the namesake?
2. Please provide a photocopy of the registered complaints on your fee account 1800110456 dated
13/09/2010
3. What action has been taken by you on the above mentioned complaints?
4. What was the last action taken by the concerned Nodal Officer against the complaints mentioned in point
no. 2? Please provide the details of all the complaints separately.
5. Please provide the names, designation and the contact details of the concerned Nodal Officers who are
responsible for banning smoking at the public places in all states and territories of India. If these are
available district wise then also please provide the same.
6. Are the above mentioned officials given any other charge except for control of Smoking and Tobacco? If
yes then please provide the details of the same separately. And please also mention that what kind of
charge is this?
7. How much time does it take in your office to complete the final investigation? Under serial no. 333 and
444 are their any complaints registered and if yes then what preventive action has been taken?
8. What diseases can take place to the people who smoke and who get the smoke from the one’s who
smoke? Please provide the details of all the diseases that can take place and also the preventive measures
for the same in Hindi as well as English.
9. In how much time these diseases are caused?
10. The smoke that comes out from the Cigarettes is a mixture of what all gases? Please mention all the 4000
mixtures and also tell which one is the most harmful for a smoker?
Reply of the Public Information Officer (PIO):
Reply enclosed.
With regard to point no I (A, B & C), the Government of India has notified Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply Distribution) Act,
(COTPA) 2003, to protect citizens, with special attention to vulnerable groups at risk such as pregnant women and
children, from involuntary exposure to tobacco smoke, and to discourage consumption of cigarettes and other tobacco
products including Hookah by imposing various regulatory measures. The salient features of the Act are as under:
i. Ban on smoking in public places (Section-4).
Ii. Ban on direct/indirect advertisement of tobacco products (Section-5).
iii. Ban on sale of tobacco products to children below 18 year & ban on sale of tobacco products within 100 yards of
educational institutions (Sectlc.n-6).
iv. Specified health warnings on tobacco products (Section-7).
In order to effectively implement the tobacco control Act/Rules, as also to create awareness about the ill effects of
tobacco, the National Tobacco Control Programme has been launched in 42 Districts of 2l States. The programme
broadly envisages-
National level
i. Public awareness/mass media campaigns for awareness building & for behavioral change.
ii. Establishment of tobacco product testing laboratories, to build regulatory capacity, as required under COTPA,
2003.
iii. Mainstreaming the program components as a part of the health delivery mechanism under the NRHM framework.
State level
i. Dedicated tobacco control cells for effective implementation and monitoring of Anti Tobacco Initiatives.
C. District level
i. Training of health and social workers, NGOs, school teachers etc.
ii. Local IEC activities.
State Governments) UTs are mainly responsible for ensuring the effective implementation of the COTPA, 2003
Grounds for the First Appeal:
Unsatisfactory and incomplete information provided by the PIO and information was sought in Hindi.
Order of the First Appellate Authority (FAA):
No order passed by the FAA.
Grounds for the Second Appeal:
Unsatisfactory and incomplete information provided by the PIO and no order passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. Ranendra Singh Negi, PIO & Under Secretary;
The respondent shows that the FAA had passed an order on 25/03/2011 providing further clarification to the
Appellant. It appears that the information available on the records has been provided to the Appellant.
Decision:
The Appeal is disposed.
The information available on the records appears to have been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
26 September 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)