Tobacco Products (Control and Regulatory) Act, 2068 (2011)

Amendment of Some Nepal Act Amendment Act, 2072 (2016) 2062-11-13 (Feb 25, 2016)

Preamble

Whereas, it is expedient to make legal provision to reduce, control and regulate the import, production, sales and distribution and consumption of tobacco products as smoking and tobacco consumption is terribly injurious to human health and they also have adverse effect on social, economic and cultural activities; and Whereas, it is expedient to control such activities in order to improve the health, facility and
economic interest of general public:  Now, therefore, be enacted by the Constituent Assembly, pursuant to Sub-Article (1) of Article 83 of the Interim Constitution of Nepal, 2006.

Prohibition to smoke or consume tobacco in public places:

• No person shall be allowed to smoke or consume tobacco in public places.
• Notwithstanding anything contained in Sub-Section (1), a manager may make necessary arrangement in any particular place in prison, airport or tourist level hotels for smoking or consumption of tobacco subject not to make any adverse effect to other people.
• The basic requirements to be maintained in the places as specified for smoking and consumption of tobacco in accordance with Sub-Section (2) shall be as prescribed.

Public Notice to be displayed:

• The manager shall affix a visible or readable notice in different places, as required of their own public place, indicating that smoking and tobacco consumption is prohibited.
• Prohibition of smoking in home or private vehicle: No person shall be allowed to smoke in house or on private vehicle in a way to make affect to other person.

The following places shall be deemed as public places:

• The bodies, institutions or offices of the State and of the Government,
• Educational institutions, libraries, training and health related institutions,
• Airport, airlines service and vehicles of public transportation,
• Child Welfare Homes, Child Care Centers, Hermitage for senior citizens (Bridhashram), Orphanage, Children Park and Club,
• Public latrines,
• Workplace of industries and factories,
• Clarification: For the purpose of this Part, workplace means an office or space allocated by the industry and factory to perform the function.
• Cinema hall, cultural centers and theatres,
• Hotel, motel, resort, restaurant, bar, dining hall, canteen, lodge, hostel and guest houses,
• Stadium, covered halls, gymnasium, swimming pool and pool houses,
• Departmental store and mini market,
• Pilgrimage and religious places,
• Waiting-space for public vehicle and ticket counter.

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