15 Oct : Section 4 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” prohibits smoking in public Places. The new Rules prohibiting smoking in Public Places have come into effect from the 2nd October, 2008. Some doubts were raised regarding “Clubs” falling within the definition of “Public Place”.
‘Public Place’ as defined in the Section 3(l) of the Act (to be read with 2(c) & 2(d) of the Rules) means any place to which the public has access whether as of right or not.
‘Clubs’ also fall within the definition of public place and therefore have to enforce the rules relating to ban on smoking in public places. Restaurants or refreshment rooms within Clubs are also public place as per the Act, where smoking is prohibited. However, if the restaurant attached to the Club, has a seating capacity of 30 persons or more, then they may create a separate smoking area / space as per the specifications laid down in rule 2(e) of the Prohibition of Smoking in Public Place Rules, 2008. These smoking areas/space shall only be used for purpose of smoking and no other services shall be allowed.