Last updated: August 7, 2020
Duties / Penalties
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.
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)
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 to smoke where prohibited
(e.g., seizure of the product, publication of the violation/violator)
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.