LANGUAGE
Last updated: August 7th 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

Police officer not below the rank of Assistant Sub-Inspector; Excise Officer not below the rank of Sub-Inspector
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

Violations are punishable by fines up to 10,000 rupees, imprisonment up to two years, or both. Other available relevant penalties and corrective actions include the seizure of products.

Penalties are the same for manufacturers, importers, wholesalers, and retailers.

The penalty provisions do not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines because they do not provide for a range of penalties (such as license revocation) or increased sanctions for repeat offenses. In addition, penalties are not higher for manufacturers, wholesalers, and importers than they are for retailers, although these types of business entities are unlikely to be deterred by low fines and penalties.

Importer

Police officer not below the rank of Assistant Sub-Inspector; Excise Officer not below the rank of Sub-Inspector
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis
Violations are punishable by fines up to 10,000 rupees, imprisonment up to two years, or both. Other available relevant penalties and corrective actions include the seizure of products.

Penalties are the same for manufacturers, importers, wholesalers, and retailers.

The penalty provisions do not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines because they do not provide for a range of penalties (such as license revocation) or increased sanctions for repeat offenses. In addition, penalties are not higher for manufacturers, wholesalers, and importers than they are for retailers, although these types of business entities are unlikely to be deterred by low fines and penalties.

Wholesaler

Police officer not below the rank of Assistant Sub-Inspector; Excise Officer not below the rank of Sub-Inspector
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

Violations are punishable by fines up to 10,000 rupees, imprisonment up to two years, or both. Other available relevant penalties and corrective actions include the seizure of products.

Penalties are the same for manufacturers, importers, wholesalers, and retailers.

The penalty provisions do not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines because they do not provide for a range of penalties (such as license revocation) or increased sanctions for repeat offenses. In addition, penalties are not higher for manufacturers, wholesalers, and importers than they are for retailers, although these types of business entities are unlikely to be deterred by low fines and penalties.

Retailer

Police officer not below the rank of Assistant Sub-Inspector; Excise Officer not below the rank of Sub-Inspector
Fine, Jail, Other
(e.g., seizure of the product, publication of the violation/violator)
Analysis

Violations are punishable by fines up to 10,000 rupees, imprisonment up to two years, or both. Other available relevant penalties and corrective actions include the seizure of products.

Penalties are the same for manufacturers, importers, wholesalers, and retailers.

The penalty provisions do not align with FCTC Art. 11 and the FCTC Art. 11 Guidelines because they do not provide for a range of penalties (such as license revocation) or increased sanctions for repeat offenses. In addition, penalties are not higher for manufacturers, wholesalers, and importers than they are for retailers, although these types of business entities are unlikely to be deterred by low fines and penalties.