 Hotels and Restaurants are the places where people come for leisure, enjoyment and for unwinding. (And not for getting exposed to poisonous and cancer causing gases and/or for increasing their risk of disease and disability)
People come to have good healthy and hygenic food in good ambience. Keeping the indoor environment clean, hygenic and healthy is the responsibility of the Hotels and Restaurants. The president of "Chandigarh Hotel and Restaurant Association," Mr. Manmohan Singh, puts the concept in the right words when he said, "Hotel and restaurants are in the business of promoting health; providing healthy food and ambience and will never expose their customer to something which cause disease, disability and death." The law provides that the hotels and restaurants be free from any kind of tobacco smoke.
LAWS RELATING TO HOTELS/ RESTAURANTS/ BARS/ EATING JOINT Every Hotel, Restaurant and eating place must display two board displayed prominently of a minimum size of sixty centimeter by thirty centimeter in the Indian languages(s) as applicable. At least one at the entrance of the public place and one at conspicuous place(s) inside, containing the warning “No Smoking Area - Smoking here is an offence. Only hotel and restaurant with a seating capacity of over 30 (or 30 rooms) can have a physically segregated smoking-area. The hotel if decides to have a smoking area then care has to be taken that both the physically separate smoking and non-smoking area display separate board for each section indicating thereon “Smoking Area/Non-Smoking area”.
There is no special exemption even for BARS. Only exemption is to Hotels and Restaurants having a seating capacity of over 30. Such hotels/restaurants can have a smoking area within the hotels/restaurants with the condition that; (i) The smoking and non-smoking areas are physically segregated; (i.e. air does not freely flow) (ii) The smoking area shall be located in such manner that the public is not required to pass through it in order to reach the non-smoking area; and (iii) Each area shall contain boards indicating thereon “Smoking Area/Non-Smoking area”. (iv) No food/drink can be served in the designated smoking area. No service is allowed in the smoking area If there is no board, then it constitutes an offence under Section 4 of the Act read with rule 3 of Cigarettes and other Tobacco Products Rules, 2004 According to Section 2(e) of the Prohibition of Smoking in Public Places Rules, 2008 2(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 dose 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.
Schedule I provides that; 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.
According to Section 3(c) of the Prohibition of Smoking in Public Places Rules, 2008 (c) No ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place.
Furhter According to 3(2) and 3(3) of the 2008 Rules (2) The owner, proprietor, manager, supervisor or incharge of the affairs of a public place shall notify and cause to be displayed prominently the name of the person(s) to whom a complaint may be made by a person(s) who observes any person violating the provision of these Rules. (3) If the owner, proprietor, manager, supervisor or the authorized officer of a public place fails to act on report of such violation, the owner, proprietor, manager. supervisor or the authorized officer shall be liable to pay fine equivalent to the number of individual offences. (Explanation: For the purpose of these rules the word offence means a person found violating any provision of the Rules).
Rule 4(4) (2008) further clarifies; 4(4) The owner, proprietor, manager, supervisor or in-charge of the affairs of a hotel having thirty or more rooms may designate separate smoking rooms in the manner prescribed as under: (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 infiltrate/permeate into the non-smoking areas of the hotel including lobbies and the corridors.
Person responsible: Owner, Manager, In-Charge Punishable under Section 21 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 with a fine of Rs. 200/- on the customer. The owner, proprietor, manager, supervisor or the authorized officer of Hotel/restaurant/bar shall also be liable to pay fine equivalent to the number of individual offences found in the hotel/restaurant/bar/eating joint. Special note: Can be penalized every day, till the time boards appear. Every customer smoking can be penalized. Every violation attracts criminal action against the owner/manager under Section 278 of the IPC. Other Possible Action: The license of the hotel/restaurant as issued under the "Prevention of Food Adulteration Act" can be cancelled. Action under section 278 of the Indian Penal Code against the person responsible can be taken. Customers can move the consumer court and/or civil court to claim damages against the Hotel/restaurant. |
