The two houses of the parliament may have agreed on the most crucial issue- ban on sale of tobacco, but there are still other differences that need to be resolved
The National Council (NC) has submitted the Tobacco Control Bill to His Majesty the King seeking the approval for a joint sitting to solve the differences between the two houses.
The bill, which originated in the NC during the 3rd session, was deliberated in the National Assembly (NA) in the 4th session. Though the bill as a whole was endorsed by both the houses, yet there were disagreements on nine clauses, which called for further discussions in a joint sitting to resolve the differences.
The disagreements ranged from payment of taxes and duties for importing tobacco for personal consumption to imposition of penalties to the offenders, meaning both the smokers and vendors.
On the issue of penalty to be imposed on smokers in the non-smoking areas, the NC had proposed that a person smoking in non-smoking areas should be punishable under the Penal Code of Bhutan. However, the NA argued that the fine for smoking in non-smoking areas should be as specified by Tobacco Control Board.
In the event that s/he fails to pay the fine, the person shall be kept under the police custody for the number of days, equivalent to fine amount calculated at the minimum wage rate.
The two houses also had differences on the penalty to be imposed on the person in-charge of a particular establishment, who fails to restrain the customers from smoking in places designated as non-smoking areas. While the NC wanted such offence to be dealt under the Penal Code of Bhutan, the NA wanted that such offenders should be bound by the rules of the Tobacco Control Board, and are liable under police custody for the number of days, equivalent to fine calculated at the minimum wage rate if s/he fails to pay the penalty.
The other disagreement between two houses was on section 11(a) and (b). According to section 11 (a): No person shall cultivate or harvest tobacco in the country and (b): No person shall manufacture, supply or distribute tobacco and tobacco products in the country.
NA wanted these offences to be treated as misdemeanours under Penal Code of Bhutan but NC wanted them to be considered as felony of fourth degree under Penal Code of Bhutan.
There was also a disagreement on the penalty to be imposed for violation of section 11 (c) of the bill which pertain to the sale of tobacco and tobacco products.
According to the NA, the offence for selling tobacco and tobacco products for the first time should be dealt with with a fine specified by Tobacco Control Board and if s/he fails to pay the fine, the person should be kept under the police custody for the number of days, equivalent to fine amount calculated at the minimum wage rate and for the subsequent offences the offenders should be dealt under Penal Code of Bhutan.
NC felt that such offenders should be under dealt Penal Code of Bhutan only on the third conviction. The second conviction would result in an increased fine to that imposed on the first instance.
The two houses had differences even on the use of word ‘quantity’
used by NA and word ‘quota’ used by NC for import of tobacco for personal consumption. During the deliberation, NA wanted to use the word ‘quantity’ as ‘quota’ indicated the smoker’s right to import tobacco for personal consumption.
By Kezang Dorjiin THIMPHU
