Responsibilities of Owners of Public Places

Under the law, it is the responsibility of the owners/managers of public places, such workplaces, shopping malls, etc., to ensure no one smokes in that public place(( Section 3(1)(a), the Prohibition of Smoking in Public Places Rules, 2008.[↩])). Specifically, the owner of the public place must ensure that:

• A board is displayed(( Section 3(1)(b), the Prohibition of Smoking in Public Places Rules, 2008.)) at all entrances, floors, stairwells and conspicuous places that clearly states “No Smoking – Smoking Here Is An Offence”. The kind of board required has certain specifications((Schedule II, the prohibition of Smoking in Public Places Rules, 2008.)). For example, it must be 60 cm by 30 cm, with a white background. This should also include a depiction of a cigarette/bidi and a cross mark over it.
• No ashtrays, lighters, or any other object that aids smoking is provided in the public place(( Section 3(1)(c), the Prohibition of Smoking in Public Places Rules, 2008.)).
• The name of the person to whom a complaint may be made for a violation of these rules is displayed prominently in a public place(( Section 3(2), the Prohibition of Smoking in Public Places Rules, 2008.))

If the owner/manager of the public place ignores the reported violation, this means that the owner of the public place will be bound to pay the cumulative fine that equals the number of offences committed.(( Section 3(3), the Prohibition of Smoking in Public Places Rules, 2008.))