Maharashtra: Spit, tobacco, smoke to fetch fine and jail

NAGPUR: Spitting, smoking (including e-cigarettes) and chewing tobacco and related products in public places and on premises of private establishments will attract fine as well as imprisonment for both customers and sellers. Violators will also have to perform public service ranging between one and five days.
Municipal commissioner Tukaram Mundhe issued a notification on Tuesday for implementation of state government’s new guidelines aimed at containing Covid-19 and control over tobacco habits.
Mundhe told TOI, “People smoking or chewing tobacco or related products will be liable for action even at paan shops, tea stalls, restaurants etc. Sellers will also face action in case sachets or cigarette butts etc are seen nearby,” he said.
Earlier, Nagpur Municipal Corporation (NMC) was levying a fine of Rs200 on people for spitting in public places. The fine was increased to Rs1,000 after Covid-19 cases emerged in the city.
The civic body has tightened the rules in a bid to curb spread of the virus. Now, violators will be liable for punishment in case of smoking, chewing kharra, tobacco and related products in public places irrespective of spitting or not. Overall, it means people can only purchase all these products from shops and consume in their private places only.
Mundhe has authorized NMC’s nuisance detection squad (NDS) and officials with rank of sanitation inspector and assistant commissioner and above to punish violators. Policemen from PSI and above rank can also take action under the new guidelines titled Prohibition of Smoking in Public Places and Rules for Tobacco Control Activities.
Earlier, such action was taken by the NMC. Now, the government has amended Bombay Police Act, 1951, and made applicable sections of Indian Penal Code (IPC) and The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA).
In a press release issued by the NMC, it is stated that the steps have been taken by the government after it was proved that Covid-19 can spread through spitting. “Also, other diseases like swine flu, tuberculosis, pneumonia etc can also spread through spitting. Smoking and consuming tobacco-related products can cause mouth, throat, stomach diseases. Public places also get defaced due to spitting. Therefore, state’s public health department has come up with such provisions in the larger interest of citizens,” the NMC said.
In the guidelines, provisions have also been made for increased penalty and long-term imprisonment for repeat violations.
NMC sources said the government has come up with the guidelines as public movement will start in all areas after reopening of market places. “It is necessary to maintain public hygiene and prevent spread of Covid-19. Situation will worsen if Covid-19 spread is not curbed before the monsoon starts and hence complete ban on spitting, smoking and chewing tobacco-related products is necessary,” said the sources.
“The government has taken serious cognisance of tobacco-related products as they also cause lung diseases. People with lung ailments are considered high-risk persons for Covid-19,” sources added.
Prohibitory areas: Roads, markets, gardens, playgrounds, govt/ semi-govt offices, educational institutions, industries, commercial, medical, residential places, railway and bus stations, religious places, tourist spots, malls, swimming pools, cinema halls, hotels etc
Penal Action
Consumer: Rs1,000 fine and one-day public service for 1st offence. Rs3,000 fine and three-day public service for second offence and Rs5,000 fine and five days public service for third violation. Imprisonment from 6 months to 2 years.
Sellers: Rs1,000 fine and one-year jail for first offence. Rs3,000 fine and two years jail for second offence
Producers: Rs5,000 fine and two-year jail for first offence. Rs10,000 fine and 5 years jail for second offence
Implementing authorities: NMC’s nuisance detection squad (NDS), officials with rank of sanitation inspectors, assistant commissioners and above. PSI and above rank officials