LANGUAGE
Last updated: September 20th 2017

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
Fine, Jail
Analysis

Article 3(d) of the Public Health Regulations of 2008 imposes a duty upon business owners/supervisors to post signs stating that smoking is prohibited. Failure to post signs is subject to the following penalties:

1) for the first offense, a fine between 5,000 and 8,000 rupees;

2) for the second offense, a fine between 8,000 and 10,000 rupees;

3) for a third or subsequent offense, imprisonment up to 12 months.

The law imposes the same penalty upon business owners who violate the law as it does upon smokers. To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 32, the law should impose a larger penalty on business owners, who generally have greater resources, as this would serve as a greater deterrent.

Remove ashtrays

No
None
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.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Jail
Analysis

Article 3(c) of the Public Health Regulations of 2008 imposes a duty upon business owners/supervisors to take reasonable steps to stop a person from smoking. Failure to take such steps is subject to the following penalties:

1) for the first offense, a fine between 5,000 and 8,000 rupees;

2) for the second offense, a fine between 8,000 and 10,000 rupees;

3) for a third or subsequent offense, imprisonment up to 12 months.

The law imposes the same penalty upon business owners who violate the law as it does upon smokers. To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 32, the law should impose a larger penalty on business owners, who generally have greater resources, as this would serve as a greater deterrent.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

Article 3(a) of the Public Health Regulations of 2008 imposes a duty upon smokers not to smoke. Smoking where smoking is prohibited is subject to the following penalties:

1) for the first offense, a fine between 5,000 and 8,000 rupees;

2) for the second offense, a fine between 8,000 and 10,000 rupees;

3) for a third or subsequent offense, imprisonment up to 12 months.

The law imposes the same penalty upon business owners who violate the law as it does upon smokers. To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 32, the law should impose a larger penalty on business owners, who generally have greater resources, as this would serve as a greater deterrent.