‘Requested’ to pull hoarding down; no other action taken
Irfan Tramboo
SRINAGAR, Jan 20: While the Srinagar Municipal Corporation (SMC) has ensured the pulling down of a hoarding advertising pan masala near Polo View here, it has not, however, imposed any penalty, nor has it taken any action against the offender as per the Cigarettes and Other Tobacco Products Act (COTPA)-2003.
It is the SMC which gives out the contracts to the advertisers and is supposed to keep a check on the content of the advertisements which are put to display across the city, however, concerning the pan masala hoarding at Polo View, it was caught unaware till the concerned wing of the Directorate of Health Services, Kashmir (DHSK) wrote a letter informing about the same, waking the authorities at SMC up.
The letter was written on January 17 in which it has been stated that the advertisement has been put to display in violation of the COTPA 2003. The advertisement glamourizes and promotes the use of tobacco products among the younger generation which is badly affecting the public health initiative of the Government,” the letter stated.
The DHSK in the letter urged the SMC to get the hoarding removed “with a warning to the advertiser not to promote any such product which conflicts with Section 5 of COTPA 2003.”
However, the DHSK, while it noted Section 5 of COTPA 2003 in the letter, forgot to make mention of Section 22 of the Act which warrants action for those who contravene Section 5 of the Act and recommend strict action.
Section 22 which deals with the punishment for the advertisement of cigarettes and tobacco products, states that whoever contravenes the provision of Section 5 shall, on conviction, be punishable, “in the case of the first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.”
In the case of a second or subsequent conviction, the Section notes the punishment as “imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.”
However, on the contrary, no action whatsoever has been taken by the SMC which has just dismissed the matter by directing the advertiser to pull the hoarding down, noting that the same violated the Advertisement Policy without making mention of the COTPA-2003.
“During the routine inspection, it has been observed that you have installed advertisement hoarding of Pan Masala which violates the advertisement and tender notice. In this regard, you are requested to please remove the said advertisement hoarding immediately. Failing which same shall be removed departmentally at your risk and cost,” the letter written to the advertiser by the Assistant Revenue Officer, SMC read.
Official sources at the SMC confirmed to Excelsior that the advertiser has not been penalised at all under the COTPA Act-2003, nor has there been any case registered,which could have led to further action, rather the concerned has been informed that the hoarding has been erected in contravention to the advertiser’s contract with the SMC, with directions to pull the same down.
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