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PROHIBITION OF SMOKING IN PUBLIC PLACES RULES, 2008

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R.1 Short title, Extent and Commencement.-

       (1) These rules may be called the Prohibition of Smoking in Public Places Rules, 2008.
       (2) They shall come into force on the 2nd October, 2008.


R.2 Definitions.--

       In these rules, unless the context otherwise requires,-
       (a) "hotel" shall mean a building or a part of a building where lodging, with or without board or other services, is provided by way of business for consideration monetary or otherwise and includes boarding house and guest house.
       (b) "restaurant" shall mean any place to which the public has access and where any kind of food or drink is supplied for consumption on the premises by any person by way of business for consideration monetary or otherwise and shall include the open space surrounding such premises and includes-
       (i) refreshment rooms, banquet halls, discotheques, canteen, coffee house, pubs, bars, airport lounge, and the like.
       (c) "open space" mentioned in Section 3(1) of the Act

R.3 Prohibition of smoking in a public place.--

       (1) The owner, proprietor, manager, supervisor or in charge of the affairs of a public place shall ensure that:
       (a) No person smokes in the public place (under his jurisdiction/implied).
       (b) The board as specified in schedule II is displayed prominently at the entrance of the public place, in case there are more than one entrance at each such entrance and conspicuous place(s) inside. In case if there are more than one floor, at each floor including the staircase and entrance to the lift/s at each floor.
       (c) No ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place.
       (2) The owner, proprietor, manager, supervisor or incharge of the affairs of a public place shall notify and cause to be displ

R.4 Hotels, Restaurants and Airports.--

       (1) The owner, proprietor, manager, supervisor or in charge of the affairs of a hotel having thirty or more rooms or restaurant having seating capacity of thirty persons or more and the manager of the airport may provide for a smoking area or space as defined in rule 2(e) .
       (2) Smoking area or space shall not be established at the entrance or exit of the hotel, restaurant and the airport and shall be distinctively marked as "Smoking Area" in English and one Indian language, as applicable.
       (3) A smoking area or space shall be used only for the purpose of smoking and no other service(s) shall be allowed.
       (4) The owner, proprietor, manager, supervisor or in-charge of the affairs of a hotel having thirty or more rooms may designate separate smoking rooms in the manner prescribed as under: <

R.5 Recovery of fine by authorized officers.-

(1) The authorized officers mentioned in schedule III shall be competent to act under and compound the offences committed in violation of Section 4 of the Act.


Sch.1 Schedule I

       [See Rule 2 (e) (iii)]
       (i) that is exhausted directly to the outside and not mixed back into the supply air for the other parts of the building; and
       (ii) It is fitted with a non-re circulating exhaust ventilation system or an air cleaning system, or by a combination of the two, to ensure that the air discharges only in a manner that does not re-circulate or transfer it from a smoking area or space to non-smoking areas.
       
       
       


Sch.2 Schedule II

       [See rule 3(b)]
       1. The board shall be of a minimum size of 60 cm by 30 cm of white background.
       2. 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.
       
       
       


Sch.3 SCHEDULE III

       (See Rule 5)
       Authorised Officers : Following persons shall be authorized to impose and collect the fine against the violation of Section 4.
       
       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
    &n

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