Hi Everybody,
Kindly see the role of HR in succesful application of the new Non-Smoking rule which is come into action since 2nd OCt 2008.
-COPY OF-
NOTIFICATION
Dated 30th May, 2008
In exercise of the power conferred by Section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
(34 of 2003), the Central Government hereby makes the following Rules, in supersession to Rule 3 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, namely:-
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.
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 shall not include any place visited by the public such as open auditorium, stadium, railway station, bus stop/stand and other such places.
(d) “public place” defined in Section 3(1) of the Act shall also include work places, shopping malls, and cinema halls.
(e) “smoking area or space” mentioned in the proviso to Section 4 of the Act shall mean a separately ventilated smoking room that:
(i) is physically separated and surrounded by full height walls on all four sides;
(ii) has an entrance with an automatically closing door normally kept in dose position;
(iii) has an air flow system, as specified in schedule I,
(iv) has negative air pressure in comparison with the remainder of the building.
(f) Words and expressions used herein and not defined in these rules but defined in the Act shall have the meanings, respectively, assigned to them in the Act.
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.
Sl.No.6
(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 displayed prominently the name of the person(s) to whom a complaint may be made by a person(s) who observes any person violating the provision of these Rules.
(3) If the owner, proprietor, manager, supervisor or the authorized officer of a public place fails to act on report of such violation, the owner, proprietor, manager. supervisor or the authorized officer shall be liable to pay fine equivalent to the number of individual offences.
(Explanation: For the purpose of these rules the word offence means a person found violating any provision of the Rules).
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:
(a) all the rooms so designated shall form a separate section in the same floor or wing, as the case may be. In case of more than one floors/wings the room shall be in one floor/wing as the case may be.
(b) all such rooms shall be distinctively marked as “Smoking rooms” in English and one Indian language, as applicable.
(c) the smoke from such room shall be ventilated outside and does not infiltrate/permeate into the non-smoking areas of the hotel including lobbies and the corridors.
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.
(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.
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.
Sl.No.6
3. The width of the red band across the cigarette shall equal the width of the red perimeter.
4. The board shall contain the warning “No Smoking Area-Smoking Here is an Offence”, in English or one Indian language, as applicable.
Schedule III
Authorised Officers : Following persons shall be authorized to impose and collect the fine against the violation of Section 4.
All Public Places within their jurisdiction
Station Master/Asstt. Station Master/Station Head/Station incharge
Railways and all its Premises
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
Director/Medical Superintendent/Hospital Administrator
Government and PrivateHospital
Post Master and above
Respective Post Office in their jurisdiction.
Head of the Institution/HR Manager/Head of Administration
Private Offices/Workplaces
College/School/Headmaster Principal/Teacher
Respective Educational Institutions
Librarian/Asstt. Librarian/Library incharge/other administrative staff in library.
Libraries/Reading Rooms.
Airport Manager/Officers of Airport Authority of India and Officers of all schedule Airlines
Airports
Director Public Health/Director Health Services
All Public Places
In charge Administration in Central/State Government
All Public Places
Nodal Officers/Focal Points of Anti-Tobacco Cell at District and State level.
All Public Places
Sd/-
(B.K. Prasad)
Jt. Secy.
G.S.R. 417(E)
F.No.P.16015/20/2007-PH
Issued by:
Ministry of Health and Family Welfare
(Department of Health and Family Welfare)
New Delhi
Shared by my friend Ravi.
Regards,
From India, Pune
1Kindly see the role of HR in succesful application of the new Non-Smoking rule which is come into action since 2nd OCt 2008.
-COPY OF-
NOTIFICATION
Dated 30th May, 2008
In exercise of the power conferred by Section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
(34 of 2003), the Central Government hereby makes the following Rules, in supersession to Rule 3 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, namely:-
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.
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 shall not include any place visited by the public such as open auditorium, stadium, railway station, bus stop/stand and other such places.
(d) “public place” defined in Section 3(1) of the Act shall also include work places, shopping malls, and cinema halls.
(e) “smoking area or space” mentioned in the proviso to Section 4 of the Act shall mean a separately ventilated smoking room that:
(i) is physically separated and surrounded by full height walls on all four sides;
(ii) has an entrance with an automatically closing door normally kept in dose position;
(iii) has an air flow system, as specified in schedule I,
(iv) has negative air pressure in comparison with the remainder of the building.
(f) Words and expressions used herein and not defined in these rules but defined in the Act shall have the meanings, respectively, assigned to them in the Act.
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.
.../2
Sl.No.6
-2-
(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 displayed prominently the name of the person(s) to whom a complaint may be made by a person(s) who observes any person violating the provision of these Rules.
(3) If the owner, proprietor, manager, supervisor or the authorized officer of a public place fails to act on report of such violation, the owner, proprietor, manager. supervisor or the authorized officer shall be liable to pay fine equivalent to the number of individual offences.
(Explanation: For the purpose of these rules the word offence means a person found violating any provision of the Rules).
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:
(a) all the rooms so designated shall form a separate section in the same floor or wing, as the case may be. In case of more than one floors/wings the room shall be in one floor/wing as the case may be.
(b) all such rooms shall be distinctively marked as “Smoking rooms” in English and one Indian language, as applicable.
(c) the smoke from such room shall be ventilated outside and does not infiltrate/permeate into the non-smoking areas of the hotel including lobbies and the corridors.
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.
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.
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.
.../3
Sl.No.6
-3-
3. The width of the red band across the cigarette shall equal the width of the red perimeter.
4. The board shall contain the warning “No Smoking Area-Smoking Here is an Offence”, in English or one Indian language, as applicable.
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 aboveAll 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 PrivateHospital
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
Sd/-
(B.K. Prasad)
Jt. Secy.
G.S.R. 417(E)
F.No.P.16015/20/2007-PH
Issued by:
Ministry of Health and Family Welfare
(Department of Health and Family Welfare)
New Delhi
Shared by my friend Ravi.
Regards,
** ** **
From India, Pune
Hi All!
Could any one put some light .. on how any organisation is supposed to react to this ..
1. If there is no separate "Smoking Zone" as per the guideline, and there are a good number of smokers in the organisation.
2.Are we supposed to put up the "Notice/Circular" at the different entrance points.
Please advise what measures we as HR - Managers should immediately take to avoid any violation of the above notification.
Regards
Suchandra
From India, Calcutta
Could any one put some light .. on how any organisation is supposed to react to this ..
1. If there is no separate "Smoking Zone" as per the guideline, and there are a good number of smokers in the organisation.
2.Are we supposed to put up the "Notice/Circular" at the different entrance points.
Please advise what measures we as HR - Managers should immediately take to avoid any violation of the above notification.
Regards
Suchandra
From India, Calcutta
Website for the Ministry of Health & Family Welfare provides a step-by-step guide to become smoke-free organization. Download that and refer to it for complete information on this.
- Lexorcist
From United States, Falls Church
- Lexorcist
From United States, Falls Church
i want to know what action ve can take n to whom ve have to inform if ne one found who breach the law??? (In general Place)
From India, Mumbai
From India, Mumbai
The original Act 2003, defined that “public place” means any place to which the public have access, whether as
of right or not, and includes auditorium, hospital buildings, railway waiting room,
amusement centres, restaurants, public offices, court buildings, educational institutions,libraries, public conveyances and the like which are visited by general public but does not include any open space;
From the above, it can be construed that even in offices, where there is open space and the smoke is not likely to pass to nonsmokers, persons addicted to smoking can have their puffs.
Better the Govt ban the Tobacco production/distribution and manufacture of cigarettes in the interest of general public!
Subba Rao Bhagavatula.
From India, Hyderabad
of right or not, and includes auditorium, hospital buildings, railway waiting room,
amusement centres, restaurants, public offices, court buildings, educational institutions,libraries, public conveyances and the like which are visited by general public but does not include any open space;
From the above, it can be construed that even in offices, where there is open space and the smoke is not likely to pass to nonsmokers, persons addicted to smoking can have their puffs.
Better the Govt ban the Tobacco production/distribution and manufacture of cigarettes in the interest of general public!
Subba Rao Bhagavatula.
From India, Hyderabad
Hi, thanks for sharing info. but i cudnt understand the definition of 'Open Space' mentioned in Section 2 and hw it is related to rest of the act... pls explain this.. Regards, Mansi
From India, Mumbai
From India, Mumbai
Hi,
My name is Vincent Nazareth. I am the Chairman, Crusade Against Tobacco - a branch of the Neil Charitable Trust.
Smoking cannot be done in any of the offices. If anyone is caught smoking, he is fined as well as his boss is fined.
All the smokers have to come down on the road and then smoke.
I hope I have enlightened you.
My name is Vincent Nazareth. I am the Chairman of Crusade Against
Tobacco - a branch of the Neil Charitable Trust which was started in
memory of my son Neil who died of cancer at the age of five, twelve
years ago. In his name I go from school to school/college to college
just to give a message that tobacco taken in any form is very bad.
I am enclosing the following blogs:-
Fight against tobacco
<link no longer exists - removed>
Awareness About Tobacco
Please go through the above three blogs in your free time, and also be
kind enough to give me your reactions about the blog and then please
be kind enough to pass the same to your friends.
Regards
(Vincent Nazareth)
Chairman
Crusade Against Tobacco - a branch of the Neil Charitable Trust
9821161752
:icon10:
From India, Mumbai
My name is Vincent Nazareth. I am the Chairman, Crusade Against Tobacco - a branch of the Neil Charitable Trust.
Smoking cannot be done in any of the offices. If anyone is caught smoking, he is fined as well as his boss is fined.
All the smokers have to come down on the road and then smoke.
I hope I have enlightened you.
My name is Vincent Nazareth. I am the Chairman of Crusade Against
Tobacco - a branch of the Neil Charitable Trust which was started in
memory of my son Neil who died of cancer at the age of five, twelve
years ago. In his name I go from school to school/college to college
just to give a message that tobacco taken in any form is very bad.
I am enclosing the following blogs:-
Fight against tobacco
<link no longer exists - removed>
Awareness About Tobacco
Please go through the above three blogs in your free time, and also be
kind enough to give me your reactions about the blog and then please
be kind enough to pass the same to your friends.
Regards
(Vincent Nazareth)
Chairman
Crusade Against Tobacco - a branch of the Neil Charitable Trust
9821161752
:icon10:
From India, Mumbai
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