Prohibition of Smoking in Public Places Rules, 2008

SALA SATEESH (lawyer) 01 October 2008

thanks for making aware of the enactment.

K.C.Suresh (Advocate) 01 October 2008

The following are some of the salient aspects of the revised Prohibition of Smoking in Public Places Rules, 2008:

(a) Restrictions with regard to smoking apply clearly to hotels, restaurants, refreshment rooms, public places etc. which would also include workplaces among other places as defined in each category. Section 4 of the Act envisages a separately ventilated smoking room that is termed as “Smoking Area”.

(b) The Rules provide that the owner, proprietor or the manager of all public places shall ensure that no person smokes in the prohibited areas under his jurisdiction. It also calls for a sign board to be displayed at the entrance of the premises on each floor including the staircases and entrance to the lift.

(c) Detailed provisions have been incorporated for strict implementation of the prohibitory orders.

(d) The manager of the establishment is liable to be fined for any violation by any person of the above prohibition.

(e) The head of the Institution / H.R.Manager / head of administration has to be designated / authorised to prohibit smoking at offices and workplaces.

(f) Ashtray, match boxes, lighters or other things designed to facilitate smoking should not be provided at the workplace.

(g) It will be necessary for the manager to display in the establishment prominently, the name of the person to whom complaints can be made by any person for violating the provisions of these Rules.

Shree. ( Advocate.) 01 October 2008

Dear Sirs,

Thank u for the information, however could you clarify the following

Definition of Public places according to the Act excludes open space. In this regard let me know, if the workplace is spread over 10 acres of land and the office building occupies 4 acres and the rest is open space, can an employee smoke in the open space?

Response in this regard is appreciated.

Shree. ( Advocate.) 01 October 2008

Sl. No.	Person Authorised to take action	Description of Public Place
1.	Inspectors of Central Excise/Income-tax Customs/Sales Tax/Health/Transport and above	All Public Places within their jurisdiction

2.	Station Master/Asstt. Station Master/Station Head/Station incharge	Railways and all its Premises

3.	All Gazetted Officers of State/Central Government or equivalent rank and above in Autonomous Organizations/PSU	Government offices/premises and offices of the autonomous bodies and corporations

4.	Director/Medical Superintendent/Hospital Administrator	Government and Private Hospital

5.	Post Master and above	Respective Post Office in their jurisdiction.

6.	Head of the Institution/HR Manager/Head of Administration	Private Offices/Workplaces

7.	College/School/Headmaster Principal/Teacher	Respective Educational Institutions

8.	Librarian/Asstt. Librarian/Library incharge/other administrative staff in library.	Libraries/Reading Rooms.

9.	Airport Manager/Officers of Airport Authority of India and Officers of all schedule Airlines	Airports

10.	Director Public Health/Director Health Services	All Public Places

11.	In charge Administration in Central/State Government	All Public Places

12.	Nodal Officers/Focal Points of Anti-Tobacco Cell at District and State level.	All Public Places