RTI

Public place smoking Public place smoking

5 months ago

Someone is smoking nearby the shop which is in the centre of the street. I went to shop with my son. When I told him to smoke in hideaway he also refused and shop keeper also defending him. Smoker is asking me wats ur problem, if u want u put mask and come like he is talking stubbornly. Do I have rights to ask questions about this or not? As per law smoking is prohibited in public places I know that. That shop also accessed by all including kids, adults and older people.

Legal Counsel Vidhikarya

Responded 5 months ago

View All Answers
A.Dear Client,
Section (4) of the 'Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003' (COTPA), prohibits smoking in public places. As per Section 3(l) of the COTPA, ‘public place’ means any place to which the public has access, but does not include any open space. Smoking is prohibited in open spaces visited by the public. However, public places do not include parking spaces, roads, open marketplaces, parks and private homes. A person caught smoking in public must pay a fine of Rs 200. In 2009, the Ministry of Health and Family Welfare started a helpline for reporting smoking law violations. People can dial the National Toll-Free Helpline No. 1800-110-456 and register their complaints. On complaint, Police constables are authorized to collect penalties only for violation of the Act if they are accompanied by officers above the rank of inspector of police. Apart, chief medical officers(CMO -H) at the district level and civil surgeons are among those who have additionally been authorized to take action on receipt of complaints of smoking in public places within a defined jurisdiction.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 5 months ago

View All Answers
A.Dear Client,
In India, smoking in public places is generally prohibited under the Cigarettes and Other Tobacco Products Act, 2003. Public places, as defined by the Act, include any place to which the public has access, whether it's a privately owned or government-owned establishment, and can include shops and streets. If the smoker continues to disregard your request and the shopkeeper does not take appropriate action, you can consider contacting the local law enforcement authorities to report the violation. They have the authority to take action against individuals who violate anti-smoking laws.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRegarding two degree simultaneously
Dear sir, It may happen because you are not attending any college in case of distance education. Thus it is legal to get two degrees simultaneously.
question iconADVOCATE SYMBOL
Dear sir You are not getting any benefit by using such symbol. If vehicle is not standing in your name then also it is fine. You should not misrepresent before the police about your present academic r...
question iconLand issue EWS certificate
Dear Client, The definition of EWS may include those categorized as “Below Poverty Line (BPL)”. There is no coherent single/unique definition for EWS in India. It is defined differently for different...
question iconRIGHT OF INFORMATION ACT2005
Dear Client, You can search the PDF copy of the R T I Act, 2005, and its Rules in the Google search engine and download it for your perusal. Alternatively, you can buy a copy of the Act from a Law Boo...
question iconCooperative housing societies
Dear Client, Cooperative Housing Societies registered under the Maharashtra Cooperative Societies Act are not considered public authorities under the RTI Act, 2005. But, any information as defined und...