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Term --FCTC-Based Definition Bangladesh
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)

Not Defined
No
Analysis

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of “workplace” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 20.

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 of “public vehicles” is restricted to mechanical public transport. The definition of “public transport” contained in the FCTC Art. 8 Guidelines is broader than the definition in the law because the Guidelines definition encompasses any vehicle, mechanical or otherwise, for carriage of members of the public. Therefore, the definition of “public vehicles” in the law does not align with the definition of “public transport” in the FCTC Art. 8 Guidelines. The Government should use its power of notification to include non-mechanical vehicles within the definition of public vehicles.

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

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of “second hand smoke” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 15.

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 of “smoking” in the law aligns with the definition of “smoking” 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 definition of “public place” includes an extensive list of public places where smoking is restricted, and includes any place accessible for collective use by people. The law aligns with the FCTC definition of “public place.”

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))

Defined
Yes
Analysis

The definition of “tobacco products” in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).

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

Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

A definition of “indoor” or “enclosed” should be provided in accordance with the definition supplied by the FCTC Art. 8 Guidelines para. 19.

Not Applicable
Not Applicable
Bangladesh
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 a majority of indoor workplaces, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space or which ban smoking zones entirely. Open space is interpreted to mean outdoor. The smoking ban, however, does not apply to restaurants that have fewer than four walls. The law accordingly does not require that all indoor workplaces be 100% smoke free. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, 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 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 a majority of indoor public places, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space or which ban smoking zones entirely. Open space is interpreted to mean outdoor. As the smoking zones are outdoor, smoking is completely prohibited in all indoor public places. The smoking ban, however, does not apply to restaurants that have fewer than four walls. The law accordingly does not require that all indoor public places be 100% smoke free. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, 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 to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
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 public vehicles, but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which permit the establishment of a smoking zone in public transport vehicles that have more than one room. The smoking zone, however, must be located at the end, backside or open space of the vehicle and may not be the main room for passengers. The law does not provide for 100% smoke free public transport. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, 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 public transport to be 100% smoke free.

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 government offices, semi-government offices, and generally in places accessible for public use which would encompass government facilities other than offices. The prohibition is subject, however, to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As the smoking zones are outdoor, smoking is completely prohibited in all indoor government facilities. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

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 public places which includes “indoor workplaces,” but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As smoking zones are outdoor, smoking is completely prohibited in indoor private offices. The law accordingly provides for 100% smoke free indoor private offices. Therefore, 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 hospital and clinic buildings, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in hospital and clinic buildings. As hospital and clinic buildings are 100% smoke free, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

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 hospital and clinic buildings, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in hospital and clinic buildings. Public areas of residential healthcare facilities fall within the hospital and clinic category and thus shall not contain smoking zones. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that public areas of residential healthcare facilities are 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 hospital and clinic buildings, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in hospital and clinic buildings. Non-residential healthcare facilities fall within the category of clinics and thus shall not contain smoking zones. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that all non-residential healthcare facilities are 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 educational institutions, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in educational institutions. Therefore, smoking is completely prohibited in childcare and preschool facilities. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare and preschool facilities.

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 educational institutions, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in educational institutions. Therefore, smoking is completely prohibited in primary and secondary schools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

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 educational institutions, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in educational institutions. Therefore, smoking is completely prohibited in university and vocational facilities. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to university and vocational facilities.

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 public places and indoor workplaces including shopping centers but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As the smoking zones are outdoor, smoking is completely prohibited in all indoor shops. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.

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 public places which include several types of cultural facilities such as libraries, cinema halls, and exhibition halls. Other cultural facilities fall within the definition’s catchall phrase “any other place accessible for collective use by people.” The prohibition, however, is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which prohibit smoking zones inside libraries, cinema halls, and exhibition halls. In other public places, the Rules require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As the smoking zones are either entirely prohibited or must be located outdoors, smoking is completely prohibited in all indoor cultural facilities. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

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 public places accessible for collective use, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in places for sports or exercise. Therefore, smoking is completely prohibited in indoor stadiums. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 with respect to indoor stadiums.

Not Applicable
Not Applicable
Restaurants
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 restaurants surrounded by four walls, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which prohibit smoking zones in one room covered restaurants surrounded by walls on four sides. In other multi-room restaurant buildings, the Rules require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. However, the smoking ban does not apply to restaurants that have fewer than four walls.

The law does not provide for 100% smoke free indoor restaurants. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, 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 restaurants to be 100% smoke free. In addition, a definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines to ensure that restaurants with fewer than four walls are covered.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
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

Bars and pubs are uncommon in Bangladesh. The law prohibits smoking in public places, but such places are subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As the smoking zones are outdoor, smoking is completely prohibited in all indoor bars/pubs/nightclubs. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars/pubs/nightclubs.

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

Casinos currently are prohibited in Bangladesh.

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 any public place accessible for collective use, which includes public areas of hotels and lodging, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As smoking zones are outdoor, smoking is completely prohibited in the public areas of all hotels/lodging. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotels/lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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 indoor workplaces, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. Although hotel guest rooms are workplaces for some, it is uncertain whether they are intended to be covered by the law. Therefore, the regulatory status “Uncertain” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require hotels, including guest rooms, to be 100% smoke free. In addition, the law should define the terms “public place” and “workplace” in accordance with the definitions provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Prisons/detention 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 public places accessible for collective use, which includes public areas of prisons/detention facilities, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As smoking zones are outdoor, smoking is completely prohibited in the public areas of prisons/detention facilities. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the public areas of prisons/detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
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 public vehicles, which includes all kinds of mechanical public transport, such as trains and buses, but leaves out non-mechanical public transport. In addition, the ban on smoking in public vehicles is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which permit the establishment of a smoking zone in public transport vehicles that have more than one room. The smoking zone, however, must be located at the end, backside, or open space of the vehicle and may not be the main room for passengers. Although the prohibition on smoking zones may be applicable to buses as they usually have only one car, it most likely will not affect trains as they usually have multiple cars. The Railways Act of 1890 further provides that an individual shall be punished with a fine if the individual smokes without the consent of his fellow passengers and is in a compartment not specifically designated for smoking.

The law does not provide for 100% smoke free trains, buses, and other shared ground transport. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, 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 public transport to be 100% smoke free. In addition, the law should provide a definition of “public transport” that aligns with the definition provided in the FCTC Art. 8 Guidelines.

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 public vehicles, including all mechanical forms of ground transportation (e.g., taxis), but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which prohibit smoking zones in one room public transport. As taxis have a single compartment, they, therefore, must be 100% smoke free. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

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 public vehicles, including airplanes, but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which prohibit smoking zones in any one room public transport. As airplanes have a single compartment, they therefore must be 100% smoke free. The law accordingly aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
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 public vehicles, including ships, launches, and other kinds of mechanical public transport, but is subject to the provisions of Art. 7 that permit a person in control of a public vehicle to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules which permit the establishment of smoking zones in public transport vehicles that have more than one room. The smoking zone however must be located at the end, backside or open space of the vehicle and may not be the main room for passengers. The law does not provide for 100% smoke free commercial watercraft. Therefore, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines and, accordingly, 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 commercial watercraft to be 100% smoke free.

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 public places, including airports, sea ports, train and bus stations, and queues of passengers for riding public vehicles, but is subject to the provisions of Art. 7 that permit a person in control of a public place to create a zone for smoking. The smoking zones, in turn, are subject to restrictions provided in the 2015 Rules, which require smoking zones to be located in an open space. Open space is interpreted to mean outdoor. As smoking zones are outdoor, smoking is completely prohibited in indoor public transport facilities. The law accordingly provides for 100% smoke free public transport facilities. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Bangladesh
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
Bangladesh
Post signs
Yes
Yes
Analysis

The law requires managers of public places and public vehicles to display two or more notices in Bangla and English in smoke free areas stating: “Abstain from smoking. It is a punishable offense.” Violation is punishable with a fine of one thousand taka, which doubles for subsequent offenses. The 2015 Rules provide additional details regarding the contents of the required sign.

The law aligns with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31. However, to more fully align, the Rules should consider including in the contents of the sign a telephone number to report violations and the name of the person to whom complaints should be addressed. The law might also include administrative sanctions, such as suspension of business license for failure to comply.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law requires managers of public places and public vehicles to ensure that no ashtrays are provided in smoke free areas. Violation is punishable with a fine of 500 taka. The law aligns with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The law requires managers of public places and public vehicles to take steps to require a person to stop smoking including requesting that the smoker not smoke, expelling the smoker from the premises, discontinuing service, and calling law and order agencies. Violation is punishable with a fine of 500 taka. The law aligns with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31.

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

The law imposes a duty on smokers not to smoke where prohibited and imposes a fine of up to 300 hundred taka. The fine doubles for each subsequent violation.

The duty and penalty align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. Although the initial fine is relatively small, the doubling provision should serve as a deterrent.

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