SMOKING: PROHIBITION

 

This Article studied about the prohibition of smoking with the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act and Prohibition of Smoking in Public Places Rules.

Smoking is the act of inhaling and exhaling the smoke of burning plant material. A variety of plants use to burn including marijuana and hashish, but the act is most commonly associated with tobacco as smoked in a cigarette, cigar, or pipe. Nicotine, an addictive alkaloid found in tobacco, has psychoactive effects that can be both energizing and calming. Both smokers and non-smokers are harmed by the numerous chemicals found in tobacco smoke. Even a small amount of tobacco smoke inhaled can be dangerous.

 

CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT:

 

One of the most serious hazards to health is smoking. It causes serious diseases like cancer, lung infections etc. In 2003, the Parliament enacted the ‘Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act’ to prohibit the advertisement of, and production, supply and distribution of, cigarettes and other tobacco products. In 2008, the Government of India in exercise of the power conferred under the said Act of 2003 framed the ‘Prohibition of Smoking in Public Places Rules’ which came into force on 2^nd day of October 2008.

 

KEY GUIDELINES OF THE ACT:

 

Ø As per the provisions of the Act the owner, manager etc. of a public place is required to ensure that no person smokes in a public place under his jurisdiction and a board stating “No smoking are – smoking here is an offence” is displayed prominently at the entrance in this regard. It is also to be ensured that no ashtrays, matches, lighters or other things designed to facilitate smoking are provided in public places. The owner, manager etc. shall display prominently in the public place the name of the person to whom a complaint may be made in case of violation of the said provision and if the owner, manager etc. fails to act on report of such violation, he/she shall be liable to pay fine.

 

Ø Auditoriums, Hospitals, Railway stations, Restaurants, Schools, Colleges etc. are some of the examples of the public places. Public conveyance such as train, bus, aeroplane is also considered as public places.

 

Ø A separate provision for smoking zone or space should be made in a hotel or restaurant having sitting capacity of 30 persons or more.

 

Ø As per the Act, the sale or offer for sale of cigarettes or other tobacco products to a person below the age of 18 years is prohibited.

 

Ø As per the Act, the sale of cigarette and tobacco products within a radius of 100 yards of any educational institution is also prohibited.

 

Ø The Act lays down certain restrictions on trade and commerce in the production, supply and distribution of cigarettes and other tobacco products. It is necessary that specified warning on the packet of the cigarette or other tobacco products is given which is legible and prominent.

 

PUNISHMENT:

 

Section 21 of the Act lays down that the offence of smoking in the public places is liable to be punished with a fine which may extend up to Rs. 200/- Section 22 of the Act provides that whoever violates the provision of section-5 by displaying or causing to display or permitting or authorizing to display any advertisement of cigarettes or any other tobacco products or selling or causing to sell or permitting or disturbing or exhibiting or advertising cigarettes or any other cigarettes or any other tobacco products is liable to imprisonment which may extent to 2 years or with fine which may extend up to Rs. 1000 or both.

 

The Station Master/Asst. Station Master/Station Head/Station in charge of Railways are empowered to impose and collect fine regarding smoking in Railways premises. All Gazetted Officers of the Central and State Govt. are empowered to collect fine if smoking is found in Govt. Offices. Principals/Head Master/Teachers are empowered to impose fine if the offence is found in educational institution.