LANGUAGE
Last updated: September 17th 2019

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Any person
Fine, Jail
Enforcement Agency

Ministry of Health, Sanitary Authority

Analysis

Article 7 provides for the following penalties for any violation of the PH Regs 2008:

1) for a first offense, a fine between 5,000 and 8,000 rupees;

2) for a second offense, a fine between 8,000 and 10,000 rupees;

3) for a third or subsequent offense, imprisonment up to 12 months.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, pack warning, or advertising/promotion/sponsorship provisions, and regardless of whether the violator is an individual, a small business, or large tobacco manufacturer.

To align with the FCTC Art. 13 Guidelines, the law should provide for a range of penalties, taking into account the resources of the violator and severity of the offense. In addition, the law should grant the enforcing agency the power to apply corrective action and suspend and revoke licenses of violators.

Sponsorship

Any person
Fine, Jail
Enforcement Agency

Ministry of Health, Sanitary Authority

Analysis

Article 7 provides for the following penalties for any violation of the PH Regs 2008:

1) for a first offense, a fine between 5,000 and 8,000 rupees;

2) for a second offense, a fine between 8,000 and 10,000 rupees;

3) for a third or subsequent offense, imprisonment up to 12 months.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, pack warning, or advertising/promotion/sponsorship provisions, and regardless of whether the violator is an individual, a small business, or large tobacco manufacturer.

To align with the FCTC Art. 13 Guidelines, the law should provide for a range of penalties, taking into account the resources of the violator and severity of the offense. In addition, the law should grant the enforcing agency the power to apply corrective action and suspend and revoke licenses of violators.