Wednesday, October 01, 2008

Ban on Smoking - HR Policy and Guidelines


As you are aware that the Government of India has prohibited smoking
in public places. This will also apply to the office premises. Part A is about
the guidelines. and Part B is about the legislation which comes into effect from

How is your company coping with this ? Have you created smoking zones ?

Share your best practices with others.

Founder HRinIndia
Indias Biggest HR Network
HR Guru & Strategist
Bangalore, India

Part A

Implementation from 2nd October, 2008, pan India.
No Smoking in Public places in all private/ public establishments.
HR Manager/ Admn. Head is authorized to impose fine or take action on
If the HR Manager/ Admn Manager fails to implement or fails to act on
complaints, he will be fined as no. of individual offences.
Notice to be displayed showing the authorized person to take action on any
contravention in the Act.
Posters with pictures & footer showing “NO SMOKING AREA” “SMOKING HERE IS AN
OFFENCE” to be displayed in each floors or entrance or places where public
assemble or public place

Smoking room or area or space defined:-
- physically separated and surrounded by full height walls on all four sides;
- as an entrance with an automatically closing door normally kept in dose
- has an air flow system, with non re-circulating exhaust ventilation system
- has negative air pressure in comparison with the remainder of the building.

Part B

In the interest of public health, the Ministry of Health & Family
Welfare had issued a detailed Notification dated 30th May, 2008 making
Rules under the Cigarettes and other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production, Supply
and Distribution) Act, 2003 for the prohibition of smoking of
cigarettes and other tobacco products.

Attached is the regulation

The following are some of the salient aspects of the revised Rules:

(a) Restrictions with regard to smoking apply clearly to hotels,
restaurants, refreshment rooms, public places etc. which would also
include workplaces among other places as defined in each category.
Section 4 of the Act envisages a separately ventilated smoking room
that is termed as "Smoking Area".
(b) The Rules provide that the owner, proprietor or the manager of all
public places shall ensure that no person smokes in the prohibited
areas under his jurisdiction. It also calls for a sign board to be
displayed at the entrance of the premises on each floor including the
staircases and entrance to the lift.
(c) Detailed provisions have been incorporated for strict
implementation of the prohibitory orders.
(d) The manager of the establishment is liable to be fined for any
violation by any person of the above prohibition.
(e) The head of the Institution / H.R.Manager / head of administration
has to be designated / authorised to prohibit smoking at offices and
(f) Ashtray, match boxes, lighters or other things designed to
facilitate smoking should not be provided at the workplace.
(g) It will be necessary for the manager to display in the
establishment prominently, the name of the person to whom complaints
can be made by any person for violating the provisions of these Rules.

Read the Previous Posts