From: Subject: Dated Date: Thu, 15 Feb 2007 12:18:32 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.fhrai.com/LatestIndustryNews/antismoking1.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 Dated

Dated: March 2, 2004

General Managers / = Managers=20 Incharge
All FHRAI member Hotels and Restaurants
All Associate=20 Members
CC: All Executive Committee Members
    =20 All Regional = Associations 

Subject: Government of India = Notification on Anti=20 Smoking Act  =

Dear Sir / = Madam, 

You may please recall = that we had=20 informed you about passing of the anti smoking Act in the Parliament = last year.=20 We had also mentioned that smoking had been prohibited under section 4 = of this=20 Act in all enclosed public places. However an exception was made, under = intense=20 lobbying from our side, for restaurants of over 30 seats and hotels of = over 30=20 rooms, subject to the condition that they provide for segregated areas = for=20 smoking and non smoking sections in restaurants and bars and similarly=20 segregated guest rooms which are smoking or non smoking. We had also = said that=20 this prohibition will be enforced by the local police and health = authorities=20 once the necessary rules are made and the notification is issued for the = same by=20 the Government of India.  =

Government of India = have now issued=20 the necessary gazette notifications dated 25th February 2004. = According to these the provisions of the Act will be implemented w.e.f=20 1st May 2004. The text of the two notifications are given=20 below. 

MINISTRY OF HEALTH AND FAMILY WELFARE
(Department of=20 Health)
NOTIFICATION
New Delhi, the 25th February,=20 2004  =

S.O.  238(E).=20 ---In exercise of the power = conferred by=20 Sub-section (3) of Section 1 of the cigarettes and other Tobacco = products=20 (Prohibition of Advertisement and Regulation of Trade and Commerce, = Production,=20 Supply and Distribution) Act, 2003 (34 of 2003), the Central Government = hereby=20 appoints 1st day of May, 2004 as the date on which the = provisions of=20 section 1,2,3,4,5,6(a), 12(1)(b), 12(2), 13(1)(b) 13(2),=20 14,16,19,21,22,23,24,25,26,27,28,29,30 and 31 of the said Act shall come = into=20 force

[F.No.P-16011/2/2003-PH]

BHAVANI THYAGARAHJAN, Jt. Secy. 

 

 

MINISTRY OF HEALTH AND FAMILY WELFARE
(Department of=20 Health)
NOTIFICATION
New Delhi, the 25th February,=20 2004  =

G.S.R. 137. --- = In Exercise of the power conferred by section 31 = of the=20 Cigarettes and other Tobacco Products (Prohibition of Advertisement and=20 Regulation of Trade and Commerce, Production, Supply and Distribution) = Act, 2003=20 (34 of 2003), the Central Government hereby makes the following rules, = namely:=20 - 

  1. Short title and commencement.=20 ---(1) These rules may be called the Cigarettes and other Tobacco = Products=20 (Prohibition of Advertisement and Regulation of Trade and Commerce,=20 production, Supply and Distribution) Rules, 2004

(2) They shall come into force on the 1st day of = May,=20 2004 

  1. Definitions. --- In = these rules,=20 unless the context otherwise requires,--=20
    • =93Act=94 means the Cigarettes and other Tobacco Products = (Prohibition of=20 Advertisement and Regulation of trade and Commerce, production, = Supply and=20 Distribution Act, 2003=20
    • =93section=94 means a section of the Act=20
    • =93open space=94 mentioned in Section 3(1) of the Act shall = not include=20 any places visited by the public such as open auditorium, stadium, = railway=20 station, bus stop and such other places; and=20
    • words and expressions used herein and not defined in these = rules but=20 defined in the Act, shall have the meaning, respectively, assigned = to them=20 in the Act
  1. Prohibition of smoking in a public place. ---(1) The owner or the manager or in charge of the affairs = of a=20 public place shall cause to be displayed prominently a board, of a = minimum=20 size of sixty centimeter by thirty centimetre in the Indian = languages(s) as=20 applicable, at least one at the entrance of the public place and one = at=20 conspicuous place(s) inside, containing the warning =93No Smoking = Area-Smoking=20 here is an offence

(2) The=20 owner or the manager or in charge of the affair of a hotel having thirty = rooms=20 or restaurants having seating capacity of thirty persons or more and the = manager=20 of the airport shall ensure that, ---

  1. Prohibition of advertisement of cigarette and other = tobacco=20 products.---(1) The size of the board used for advertisement for=20 cigarettes and any other tobacco products displayed at the entrance or = inside=20 a warehouse or a shop where cigarettes and any other such tobacco = products are=20 offered for distribution or sale shall not exceed ninety centimetre by = sixty=20 centimetre and number of such boards shall not exceed two. =

(2) Each=20 such board shall contain in the Indian language as applicable, one of = the=20 following warning occupying twenty-five percent, of top area of the = board,=20 namely: -

  1. Prohibition of sale to minors. ---(1) The owner or the = manager=20 or the Incharge of the affairs of a place where cigarettes and other = tobacco=20 products are sold shall display a board of minimum size of sixty = centimetre by=20 thirty centimetre at conspicuous place(s) containing the warning = =93Sales of=20 tobacco products to a person under the age of eighteen years is a = punishable=20 offence=94, in Indian language(s) applicable.

(2) The=20 onus of proof that the buyer of the tobacco products is not a minor lies = with=20 the seller of the tobacco products. The seller, in case of doubt, may = request=20 tobacco purchaser to provide appropriate evidence of having reached = eighteen=20 years of age.  =

[F.No. = P-16011/2/2003-PH]

BHAVANI THYAGARAHJAN, Jt. = Secy 

  =

You may see the full = Act on our=20 website www.fhrai.com/stoppress.htm

Please particularly = read section=20 3(l) and 3(n) under definitions for public places and smoking. Section 4 = provides for ban of smoking in public places, giving exemption to hotels = and=20 restaurants, section 12 says that police offices of the rank of sub = inspectors=20 and above and equivalent officers of food and drug administration = authorized by=20 Central or State governments may inspect the premises for any = violations.=20 Section 21 describes the punishments for smoking in public places = including=20 non-smoking areas in hotels and restaurants and same is also contained = in=20 section 28. Section 26 deals with offences by companies which will = include=20 managements of hotels and restaurants. It talks about due diligence to = be=20 exercised by the management. This would mean the proper demarcation of = smoking=20 and non-smoking sections as prescribed under the Rules notified on=20 25th February, 2004, placing of sign boards as required = warning the=20 persons who are smoking in non-smoking areas and prohibiting them from = smoking.=20 If the company, which means hotel or restaurant, is found to be free of = guilt=20 then the inspecting officer may only challan the smoker. The smoker is = in any=20 case liable to be challaned for smoking in notified non-smoking area = whether the=20 company is at fault or not. =20

COURTESY OF CHOICE = PROGRAMME

Please note that we = have been=20 carrying information on the Courtesy of Choice (COC) programme and this = may be=20 seen in the newsletter part of FHRAI Magazine issues of = September-October 2003=20 and November-December 2003. These notes can be accessed on our website = www.fhrai.com/ Mag-News/ = newsletDOT.htm under=20 headings of Courtesy of Choice programme Note1 and Note 2. 

As note 2 is very = important and=20 deals with how you can take advantage of this programme through us = (FHRAI=20 Secretariat), a copy is being attached here with. All hotels and = restaurants who=20 come under the exempted category must start implementing the provisions = of the=20 Act and Rules immediately, so that they and their customers are not = found guilty=20 and face penalties after 1st May 2004. Restaurants with under = 30=20 seats and hotels with less than 30 rooms must remain completely = non-smoking=20 under the Act and this must be properly displayed through signboards. = Please=20 note again this Act applies to all over India, in all States and Union=20 Territories. If, however, there is an Act of the State Government, which = has=20 stricter provisions, the same may take precedence over the Central=20 Act. 

Please let us know if = you need any=20 further information or assistance in this matter. 

Yours = Sincerely 

 

Shyam Suri

(Secretary = General)