Last updated: February 26, 2024

Duties / Penalties

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

Post signs

Yes
Fine, Jail
Analysis

The law requires every owner or person responsible for a public place to conspicuously display a “no smoking” notice and a warning about fines and imprisonment for violations in English and French. The law also provides the dimension requirements for the signs.

Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, package and labeling, contents regulations, sales restrictions, or advertising, promotion and sponsorship provisions, and regardless of whether the violator is an individual, small business, or a large tobacco manufacturer.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. To align more fully, the law should require the signage to provide a phone number or other way to report violations and provide for increasing penalties for repeated violations.

Remove ashtrays

Yes
Fine, Jail
Analysis

The law imposes a duty on the owner or person responsible for the public place to ensure that no ashtray is provided in that public place. Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, packaging and labeling, contents regulations, sales restrictions, or advertising, promotion, and sponsorship provisions, and regardless of whether the violator is an individual. small business, or a large tobacco manufacturer.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to remove ashtrays.

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

Yes
Fine, Jail
Analysis

The law imposes a duty on the owner or person responsible for the public place to take escalated reasonable steps to prevent smoking in public places, including requesting persons to stop smoking, requesting an individual that fails to comply to leave the public place, and calling the police.

Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, packaging and labeling, contents regulations, sales restrictions, or advertising, promotion, and sponsorship provisions, and regardless of whether the violator is an individual, small business, or a large tobacco manufacturer.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to take steps to require a person to stop smoking. To align more fully, the law should provide for increased penalties for repeated violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

The law imposes a duty on smokers not to smoke where prohibited.

Upon conviction, any person who violates the regulations is liable for a fine not less than 5,000 rupees and not exceeding 10,000 rupees and for imprisonment not exceeding 12 months.

The law provides the same penalties for all types of violations, regardless of whether it is a violation of smoke free, packaging and labeling, contents regulations, sales restrictions, or advertising, promotion, and sponsorship provisions, and regardless of whether the violator is an individual, small business, or a large tobacco manufacturer.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not smoke where prohibited. To align more fully, the law should provide for increasing fines for repeated violations.