Last updated: December 5, 2023
Duties / Penalties
Post signs
A. Duties:
(1) The Rules require signage stating, “No Smoking Area – Smoking Here is an Offense” and the name of the person(s) to whom a complaint may be made regarding smoking violations. (2) With respect to designated smoking areas in certain hotels and restaurants and airports, the Rules require signage identifying such places as a “Smoking Area.”
There are further provisions in the Rules that govern the location, size, and language and other features of the signage. As noted above, with respect to reporting smoking violations, the Rules provide that “the owner, proprietor, manager, supervisor or in charge of the affairs of a public place” shall designate a person to whom complaints may be made.
B. Sanctions:
There do not appear to be any sanctions in the rules for violations of the duty to post signs. However, it may be possible to broadly interpret the penalties established in COTPA for violations of Section 4 to apply here. See COTPA Section 21: “Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.”
Remove ashtrays
A. Duties:
The law provides that “the owner, proprietor, manager, supervisor or in charge of a public places shall ensure that: . . . No ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place.”
B. Sanctions:
There do not appear to be any sanctions for violations of the provision of the above items in a public place. However, it may be possible to broadly interpret the penalties established in COTPA for violations of Section 4 to apply here. See COTPA Section 21(1): “Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.”
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
A. Duties:
The law generally requires that “[t]he owner, proprietor, manager, supervisor or in charge of the affairs of a public places shall ensure that . . . no person smokes in the public place (under his jurisdiction implied).” Further, the law provides that “if the owner, proprietor, manager, supervisor or authorized officer of a public place fails to act on reports of such violation, the owner, proprietor, manager, supervisor or authorized officer shall be liable to pay fine equivalent to the number of individual offenses.” The law, however, does not explicitly establish the steps to be taken to ensure that no smoking occurs in public places.
B. Sanctions:
The law provides for fines on the business owners/employers/supervisors for allowing smoking in public places if the business owners/employers/supervisors fail to act on reports of smoking violations. The fine is the equivalent to the number of individual offenses.
Other
A. Duties:
The law imposes duties on the owner or the manager or person in charge of the affairs of a hotel having 30 rooms or restaurant having seating capacity of 30 persons or more and the manager of the airport with respect to designated separate smoking areas. Under the Prohibition of Smoking in Public Places (Amendment) Rules, 2017, the person in charge of hotel, restaurant, or airport shall display a sign that includes a health warning and prohibits the entry of any person below the age of 18.
B. Sanctions:
The law appears to provide for fines on the business owners/employers/supervisors for allowing smoking in public places if the business owners/ employers/employers fail to act on reports of smoking violations. The fine is the equivalent to the number of individual offenses.
Not to smoke where prohibited
A. Duties:
The law provides that “no person shall smoke in any public place . . . .” which includes public conveyances. The Railways Act of 1989 also addresses smoking on trains.
B. Sanctions:
In terms of sanctions, the law provides: “(1) Whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees.
(2) An offence under this section shall be compoundable . . . .” The Railways Act of 1989 also imposes a maximum penalty of 100 rupees for those who contravene its no smoking provisions.
