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Term --FCTC-Based Definition Pakistan
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The law does not define “workplace.” Instead the law lists places that are, by definition, a place of public work or use and allows for additions to this at a future date by declaration.

To ensure that the smoking ban is enforced in all indoor workplaces, a definition of “workplace” should be provided in accordance with the FCTC Art. 8 Guidelines definition.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “second hand smoke” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition does not align with the FCTC Art. 8 Guidelines definition in that it does not include the act of being in possession of a lit tobacco product, regardless of whether the smoke is being actively inhaled. In addition the term “smoking” is defined by itself - “smoking of tobacco” - which is circular.

A definition of “smoking or smoke” or similar term should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The law does not define “public place.” Instead the law lists places that are, by definition, a place of public work or use and allows for additions to this at a future date by declaration.

To ensure that the smoking ban is enforced in all indoor public places, a definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines definition.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “tobacco product” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “tobacco product” should be provided in accordance with the FCTC Art. 8 Guidelines definition.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The terms “indoor” and “enclosed” are not defined.

A definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Pakistan
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in “place[s] of public work or use.” A “place of public work or use” is defined as a place included on the lists contained in the Ordinance or SRO, “and the like which are visited by the general public.” Although the list of workplaces is extensive, not all workplaces are included on the lists. Further, not all workplaces fall under the catchall “and the like which are visited by the general public” (e.g., prisons and hotel rooms). Therefore, indoor workplaces are considered “Smoking is Restricted” (SR) and not “100% Smoke Free” (SF).

The law allows the government to issue guidelines for designated smoking areas in workplaces included on the list. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, workplaces included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in “place[s] of public work or use.” A “place of public work or use” is defined as a place included on the lists contained in the Ordinance or SRO, “and the like which are visited by the general public.” Although the list of public places is extensive, not all public places are included on the lists. Further, not all public places fall under the catchall “and the like which are visited by the general public” (e.g., prisons cells and hotel rooms). Therefore, indoor public places are considered “Smoking is Restricted” (SR) and not “100% Smoke Free” (SF).

The law allows the government to issue guidelines for designated smoking areas in public places included on the list. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all public service vehicles. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public service vehicles.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “public offices,” which is interpreted to include government workplaces. “Court buildings” are also included on the list. Therefore, the ban on smoking is interpreted as applying to all government facilities.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “public offices,” and SRO 653 list includes all "offices." Therefore, the ban on smoking is interpreted to apply to private offices.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “health institutions,” and the SRO specifically lists “hospitals.”

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “health institutions,” and the SRO includes “hospitals, dispensaries and other health care establishments.” Therefore, the ban on smoking applies to residential healthcare facilities and their public areas.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “health institutions,” and the SRO includes “hospitals, dispensaries and other health care establishments.” Therefore, the ban on smoking applies to non-residential healthcare facilities.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use,” which is defined as places included on the lists contained in the Ordinance or SRO “and the like which are visited by the general public.” Although childcare facilities and preschools are not contained on either list, the catchall “and the like which are visited by the general public” is interpreted to include childcare facilities and preschools.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and FCTC the Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance and the SRO list both include “educational institutions.” Therefore, the ban on smoking applies to primary and secondary schools.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance and the SRO list both include “educational institutions.” Therefore, the ban on smoking applies to universities and vocational facilities.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use,” which is defined as places included on the lists contained in the Ordinance or SRO “and the like which are visited by the general public.” Although “stores” do not appear on either list, the catchall “and the like which are visited by the general public” is interpreted to include stores.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use,” which is defined as places included on the lists contained in the Ordinance or SRO “and the like which are visited by the general public.” Although “cultural facilities” do not appear on either list, the catchall “and the like which are visited by the general public” is interpreted to include cultural facilities.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and FCTC the Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “sports stadiums,” and the SRO includes “indoor stadiums.” Therefore, the ban on smoking applies to indoor stadiums and arenas.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “restaurants” and “eating houses,” and the SRO includes “restaurants.” Therefore, the ban on smoking applies to restaurants.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
N/A
Not Applicable
Analysis

Bars, pubs, and nightclubs, as venues that sell alcohol, do not exist in Pakistan.

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

Casinos do not exist in Pakistan.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “hotel lounges.” Therefore, the ban on smoking is interpreted to apply to public areas in hotels.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “hotel lounges.” However, neither the Ordinance nor SRO list includes “hotel guest rooms.” The law is therefore interpreted as not applying to these types of places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law prohibits smoking in “place[s] of public work or use,” which is defined as places included on the lists contained in the Ordinance or SRO “and the like which are visited by the general public.” Neither the Ordinance nor SRO list includes “prisons” or “detention facilities,” and it is unclear whether a prison/detention facility would fall within the catchall of “and the like which are visited by the general public.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “any public service vehicle,” including trains. The definition of “public service vehicle” includes all motor vehicles used for the carriage of passengers for hire.

In addition the law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The SRO list includes “buses, wagons, trains.” Therefore the ban on smoking applies to trains, buses, and other ground transportation. In practice, enforcement of the law is limited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “any public service vehicle.” The definition of “public service vehicle” includes all motor vehicles used for carriage of passengers for hire, including taxis. In practice, enforcement of the law is limited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public service vehicle, which includes airplanes by definition.

In addition the law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The SRO list includes “all domestic flights.” Therefore, the ban on smoking applies to commercial aircraft. This is enforced in practice.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in any public service vehicle, which includes “ships” by definition.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “place[s] of public work or use” that are included on the lists contained in the Ordinance or SRO. The 2002 Ordinance list includes “waiting lounges” and “bus stations or stands.” The SRO list includes “lounges of airports, waiting rooms at railway stations, waiting rooms at bus stations.” Therefore, the ban on smoking is interpreted to apply to all public transport facilities.

The law allows the government to issue guidelines for designated smoking areas in public places included on the lists. Such guidelines were issued and later rescinded in the interest of protecting public health. Therefore, public places included on the lists are currently smoke free.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free environments in all indoor workplaces and public places, and allows for future designated smoking areas. The law therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Pakistan
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Pakistan
Post signs
Yes
Yes
Analysis

The owner or manager of a place of public use or work is required to display signs inside and outside the premises stating: “No Smoking Zone” and “Smoking is an Offence.” Failure to post such signs is subject to a fine of up to 1,000 rupees for the first offense and up to 100,000 rupees for second and subsequent offenses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to required signage and increased penalties for repeat offenses. However, the potential fine imposed on owners and managers for failure to post signs is the same as the potential fine imposed on individuals for smoking. To align with the FCTC Art. 8 Guidelines, larger fines should be imposed on business violators, who generally have greater resources, than on individual smokers.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

The law permits, but does not require, an “authorized officer” to eject a smoker from non-smoking premises. SRO 654(I)/2003 designates managers of establishments as authorized officers.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge, and the law should provide for fines for failure to comply with that duty.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

Violation on the prohibition on smoking is subject to a fine of up to 1,000 rupees for the first offense and up to 100,000 rupees for second and subsequent offenses. The violator may also be ejected from the premises.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to penalties in that it provides for increased penalties for repeat offenses and ejection from the premises.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Pakistan
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable