11

Cigarette and other Cigarette and other Tobacco Products smokingTobacco Products smoking

Ban issue w.e.f. 02nd October, 2008Ban issue w.e.f. 02nd October, 2008

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MAIN GISTMAIN GIST

Smoking is to be banned in work places/officSmoking is to be banned in work places/offices all over India w.e.f. 02nd October, 2008 ues all over India w.e.f. 02nd October, 2008 under the fresh set of official guidelines prepander the fresh set of official guidelines prepared on prohibition of smoking in public placered on prohibition of smoking in public places.s.

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REGULATION/LAW/RULE BOOKREGULATION/LAW/RULE BOOK

Cigarettes and other Tobacco Products Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Trade and Commerce, Production, Supply and Distribution) Act-2003Distribution) Act-2003

The Prohibition of Smoking in Public Places The Prohibition of Smoking in Public Places Rules, 2008 vide Notification No.GSR417(E) Rules, 2008 vide Notification No.GSR417(E) dated 30dated 30thth May, 2008 issued by Ministry of May, 2008 issued by Ministry of Health and Family Welfare.Health and Family Welfare.

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NOTIFICATION SAYSNOTIFICATION SAYS

Cigarette users could smoke either at Cigarette users could smoke either at home (i.e. home (i.e. one’s residence) or at roadone’s residence) or at road, as , as public places would public places would cover cover workplacesworkplaces, shopping malls, cinema halls, , shopping malls, cinema halls, hotels (with or without lodging), boarding houses, hotels (with or without lodging), boarding houses, guest houses, refreshment rooms, restaurants, guest houses, refreshment rooms, restaurants, banquet halls, discotheques, canteens, coffee banquet halls, discotheques, canteens, coffee houses, pubs, bars and airport lounges. The houses, pubs, bars and airport lounges. The important announcement came on Tuesday, the important announcement came on Tuesday, the 09th September, 2008. 09th September, 2008.

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INITIATOR OF THIS BANINITIATOR OF THIS BAN

Union Minister for health and Family welfare,Shri Union Minister for health and Family welfare,Shri Anbumani Ramadoss.Anbumani Ramadoss.

His words “There is a beautiful law on paper. It is His words “There is a beautiful law on paper. It is the duty of the states to implement it but none of the duty of the states to implement it but none of the States is enthusiastic. When a country like the States is enthusiastic. When a country like Bhutan could ban selling of tobacco products, Bhutan could ban selling of tobacco products, India too should be able to do it.” India too should be able to do it.”

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INTERPRETATIONINTERPRETATION

““Public Places” = PUBLIC PLACES Public Places” = PUBLIC PLACES have been have been defined as areas where the general public can defined as areas where the general public can visit. For example: an auditorium, hospitals, visit. For example: an auditorium, hospitals, amusement centres, restaurants, court buildings, amusement centres, restaurants, court buildings, educational institutions, libraries, public educational institutions, libraries, public conveyances, conveyances, work placeswork places, shopping malls and , shopping malls and cinema halls, etc. cinema halls, etc.

““OPEN SPACES” OPEN SPACES” are excluded but not an open are excluded but not an open auditorium, a stadium, railway station or a bus auditorium, a stadium, railway station or a bus stop and similar places visited by public. stop and similar places visited by public.

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EXCEPTION TO THE RULEEXCEPTION TO THE RULE

HotelsHotels with 30 rooms or more, with 30 rooms or more, restaurantsrestaurants with with sitting capacity of 30 people or more and sitting capacity of 30 people or more and airportsairports can have a smoking area on the condition that can have a smoking area on the condition that they comply with the rules viz. separately they comply with the rules viz. separately ventilated smoking room, not be established at the ventilated smoking room, not be established at the entrance or exit, distinctively marked as smoking entrance or exit, distinctively marked as smoking areas, established in areas that need not be areas, established in areas that need not be accessed by the public. accessed by the public.

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EXPLAINATIONEXPLAINATION

The new rule will also expand the definition The new rule will also expand the definition of public places from government buildings of public places from government buildings to include all to include all office buildingsoffice buildings, hospitals, , hospitals, schools, colleges, railway stations, airports, schools, colleges, railway stations, airports, bus stands, hotels and restaurants.bus stands, hotels and restaurants.

No more designated smoking areas in No more designated smoking areas in workplaces.workplaces.

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EXPLAINATIONEXPLAINATION

You can no longer enjoy that puff in a furtive You can no longer enjoy that puff in a furtive corner or in any other designated smoking corner or in any other designated smoking zone of your office, be it a public or private zone of your office, be it a public or private enterprise, from October 2, 2008.enterprise, from October 2, 2008.

Smoking would be permitted only on the Smoking would be permitted only on the roads and in open spaces. roads and in open spaces.

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EXPLAINATIONEXPLAINATION

Government, public and Government, public and private officesprivate offices cannot have designated smoking areas and cannot have designated smoking areas and the rule also applies to small cafes, the rule also applies to small cafes, restaurants, pubs and even discotheques. restaurants, pubs and even discotheques. Workplaces to become 'no smoking' zones.Workplaces to become 'no smoking' zones.

Blanket ban on indoor smoking. Blanket ban on indoor smoking.

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PURPOSEPURPOSE

The intention behind the aforesaid ban is The intention behind the aforesaid ban is that creating 100 per cent smoke-free that creating 100 per cent smoke-free environment is the only way out, as environment is the only way out, as ventilation, air filtration and use of ventilation, air filtration and use of designated smoking areas have repeatedly designated smoking areas have repeatedly failed to provide clean air.failed to provide clean air.

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PURPOSEPURPOSE

““Public places in India have already been made Public places in India have already been made smoke-free, and we are trying to provide the smoke-free, and we are trying to provide the employees working in offices a healthy employees working in offices a healthy atmosphere and pure air by banning smoking in atmosphere and pure air by banning smoking in the workplaces as well. There is no safe level of the workplaces as well. There is no safe level of exposure to toxicity in tobacco smoke. Since exposure to toxicity in tobacco smoke. Since ventilation, air filtration and use of designated ventilation, air filtration and use of designated smoking zones have persistently failed in smoking zones have persistently failed in providing clean air, maintaining a cent per cent providing clean air, maintaining a cent per cent smoke-free atmosphere is the only way out” says smoke-free atmosphere is the only way out” says Union Minister.Union Minister.

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RESPONSIBILITY/ACCOUNTABILITYRESPONSIBILITY/ACCOUNTABILITY

DUTY OF THE OWNER, PROPRIETOR, MANAGER OR DUTY OF THE OWNER, PROPRIETOR, MANAGER OR SUPERVISOR OR IN-CHARGE OF AFFAIRS OF PUBLIC PLACE:SUPERVISOR OR IN-CHARGE OF AFFAIRS OF PUBLIC PLACE:

To keep the area under his jurisdiction smoke-free.To keep the area under his jurisdiction smoke-free.

Display the “No Smoking Board” as per the specification of Display the “No Smoking Board” as per the specification of Health Ministry.Health Ministry.

Notify and display the name of a person to whom a Notify and display the name of a person to whom a complaint may be made, in case someone is found complaint may be made, in case someone is found violating the law. violating the law.

Ensure that no ashtrays, matches, lighters or other things Ensure that no ashtrays, matches, lighters or other things designed to facilitate smoking are provided. designed to facilitate smoking are provided.

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DESIGN OF THE ‘NO SMOKING’ SIGNAGEDESIGN OF THE ‘NO SMOKING’ SIGNAGE Minimum size of 60 cm by 30 cm of white background.Minimum size of 60 cm by 30 cm of white background.

Contain a circle of no less than 15 cm outer diameter with a red Contain a circle of no less than 15 cm outer diameter with a red perimeter of no less than 3 cm wide with a picture, in the centre, of a perimeter of no less than 3 cm wide with a picture, in the centre, of a cigarette or beedi with black smoke and crossed by a red band. cigarette or beedi with black smoke and crossed by a red band.

The width of the red band across the cigarette shall equal the width The width of the red band across the cigarette shall equal the width of the red perimeter. of the red perimeter.

Contain the warning “No Smoking Area – Smoking Here is an Contain the warning “No Smoking Area – Smoking Here is an Offence”, in English or one Indian language, as applicable.Offence”, in English or one Indian language, as applicable.

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PENALTYPENALTY

In the beginning, the fine would be only Rs 200, In the beginning, the fine would be only Rs 200, but it will be amended in the future, after which the but it will be amended in the future, after which the fine can be increased to Rs 1,000 on violators.fine can be increased to Rs 1,000 on violators.

Organisations will also be fined for violation. So, Organisations will also be fined for violation. So, the employer can also be fined if somebody is the employer can also be fined if somebody is found smoking within the office premises in found smoking within the office premises in accordance with the National Tobacco Control Act. accordance with the National Tobacco Control Act.

1616

PENALTYPENALTY

Under the ban, if anyone is found to be smoking Under the ban, if anyone is found to be smoking on the premises of any institution, including the IT on the premises of any institution, including the IT companies, both the company and the violator will companies, both the company and the violator will be fined. be fined.

To strictly enforce the workplace smoke-free To strictly enforce the workplace smoke-free policy, the Health Ministry plans to slap a penalty policy, the Health Ministry plans to slap a penalty of Rs. 5,000 on the organisation whose employees of Rs. 5,000 on the organisation whose employees violate the ban on the premises, for the first violate the ban on the premises, for the first incident. It would increase to Rs. 10,000 and Rs. incident. It would increase to Rs. 10,000 and Rs. 15,000 for the second and third instances.15,000 for the second and third instances.

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POWER TO IMPOSE FINEPOWER TO IMPOSE FINE

For Private offices/workplaces, the Head of For Private offices/workplaces, the Head of the Institution/HR Manager/Head of the Institution/HR Manager/Head of Administration is authorised to impose and Administration is authorised to impose and collect the fine for violation of law. collect the fine for violation of law.

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CONTROVERSIAL STATEMENTCONTROVERSIAL STATEMENT

Is road is not a public place? This is the Is road is not a public place? This is the matter for debate.matter for debate.

Further notification or press release is Further notification or press release is awaited to make the situation clear and awaited to make the situation clear and transparent as to doubts in implementing the transparent as to doubts in implementing the ban almost everywhere.ban almost everywhere.

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AFTERMATH/CONSEQUENCESAFTERMATH/CONSEQUENCES ITC CHALLENGES SMOKING BANITC CHALLENGES SMOKING BAN

ITC and Indian Hotels AssociationITC and Indian Hotels Association on 24on 24thth September, 2008 approa September, 2008 approached Delhi High Court challenging the Central Govt’s notification ched Delhi High Court challenging the Central Govt’s notification on ban.on ban.

The Delhi High Court to hear Indian Tobacco Company (ITC) Ltd pThe Delhi High Court to hear Indian Tobacco Company (ITC) Ltd petition challenging government's notification of banning smoking etition challenging government's notification of banning smoking in private offices and other establishments.in private offices and other establishments.

Supreme Court on 30Supreme Court on 30thth September, 2008 gave a green signal to im September, 2008 gave a green signal to implement a ban on smoking w.e.f. 02plement a ban on smoking w.e.f. 02ndnd October, 2008 all over India. October, 2008 all over India.

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COURTESY:Navin Kumar A.COURTESY:Navin Kumar A.