Bare Acts Live

The Prohibition of Smoking in Public Places Rules, 2008

Published vide Notification No. G.S.R. 417(E), dated 30.5.2008 (Published in Gazette of India Extraordinary, Part 2, Section 3(i), dated 30.5.2008) (W.e.f. 2.10.2008)

RJ148

(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 not 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 closed 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 expression used herein and not defined in these rules but defined in the Act shall have the meanings, respectively, assigned to them in the Act.

(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 thinks designed to facilitate smoking are provided in the public place.

(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 infilterate/permeate into the non-smoking areas of the hotel including lobbies and the corridors.

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)]

Schedule III

[See Rule 5]