1. Section (4) of the ‘Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003’ prohibits smoking in public places. Any violation of this act is a punishable offence with fine up to Rs. 200. However, the hotel with 30 rooms or more, Restaurants with 30 seating capacity or more and airport may create a separate smoking area or space.

2. ‘Public Place’ as defined in the Act and the rules means any place to which the public has access whether as of right or not and includes all places visited by general public and includes

Auditorium Hospital Buildings Health Institutions Amusement Centers Restaurants Hotels Public Offices Court Buildings Educational Institutions Libraries Public Conveyances Open Auditorium

Stadium Railway Stations Bus Stops Workplaces Shopping Malls Cinema Halls Refreshment Rooms Discotheques Coffee House Pubs Bars Airport Lounge

3. The provisions relating to ‘Prohibition of Smoking in Public Places’ were given effect to rules were given effect to from 1stMay 2004. Recently, these provisions were reviewed and a comprehensive rule ‘Prohibition of Smoking in Public Places Rules, 2008’ have been notified on 30th May 2008. These rules are to take effect from 2nd October 2008. The salient features of these rules are:

• It is the duty of the owner, proprietor, manager or supervisor or in–charge of affairs of public place:
• To keep the area under his jurisdiction smoke–free.
• Display the board as per the specification given in Figure (no smoking). These boards shall be displayed at
  • All entrances and other conspicuous places inside the building
  • If there are more than one entrance then at all entrances.
  • If there are more than one floor, at each floor including the stair case and entrance to the lift at each floor.

Design of the Signage

Specification of the Board

The board shall be of a minimum size of 60 cm by 30 cm of white background It shall 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 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 of the red perimeter. The board shall contain the warning “No Smoking Area – Smoking Here is an Offence”, in English or one Indian language, as applicable.

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

If your find anybody smoking please report to Name:................................................................ Designation: ..................................................... Telephone no:....................................................

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

• If the owner, proprietor, manager or supervisor , or in–charge of affairs of the public place fails to act on the report of such violation, he shall be fined equivalent to the number of individual offences.
• All Hotels, Restaurants and Airport being public place have to be smoke–free. However, owner, proprietor, manager or supervisor or in–charge of affairs of the hotels having 30 or more rooms and restaurants having seating capacity of 30 or more and the manager of the airport may provide a separate smoking area /space as per the following specifications.
  • Physically separated and surrounded by full height walls on all four sides.
  • Having an entrance with automatically closing doors normally kept in close position.
  • Has an airflow system
    • That is exhausted directly to the outside and not mixed back into the supply to the other parts of the building.
    • That is fitted with a exhaust ventilation system which is non re–circulating in nature or an air cleaning system or a combination of two, in such a manner that air does not permeate into non smoking areas.
  • Has a negative air pressure in comparison with the remainder of the building.
• The smoking area /space shall not be established at the entrance or exit of the hotel, restaurant or airport and shall be distinctly marked as ‘Smoking area’ in English and one Indian language as applicable.
• The smoking area/space should be used only for the purpose of smoking and no other service(s) shall be allowed.
• The owner, proprietor, manager or supervisor or in–charge of affairs having 30 or more rooms may designate separate smoking rooms in a manner as provided:
  • All rooms designated as smoking rooms shall form a separate section in the same section or wing. In case there is more than one floor/wing, these rooms shall be in one floor or wing as the case may be.
  • All such rooms shall be distinctly marked as smoking rooms in English or one Indian language.
  • The smoke from such room shall not be ventilated outside and does not permeate in non smoking areas of the hotel including lobbies and corridors.