Q: I am a public sector employee posted in Calcutta. Recently, being a non-smoker, I joined hands with a few of my colleagues and raised an objection to an employee who was smoking in the office premises. However, nothing much happened and certainly no steps were taken against him. The said employee continues to smoke under the pretext that there is no ban on smoking issued by the office authorities. He also has the support of the union in this matter and my problem is that I am a non-union member. Is there an official ban on smoking which is applicable to public sector offices? What is the punishment for offenders? What steps can we take to bring this offence to the notice of the employers? Is there any legal recourse? Please advise.
Name Withheld
A: Its official! Section 5 of the ?West Bengal Prohibition of Smoking & Spitting and Protection of Health of Non-Smokers & Minors Act 2001? (which came into effect on and from March 12, 2003 in West Bengal) the use of tobacco in any form and spitting in places of public work or use and in public service vehicles is prohibited.
The definition in the Act of ?a place of public work or use? includes public offices. Section 10 of the said Act imposes the responsibility on the owner/manager/ person in charge of affairs of every place of public work or use, to display and exhibit appropriate signs/boards at conspicuous places stating that smoking etc. is prohibited there. Violation of either section is punishable as an offence under the Act and a person may be summarily tried and may be fined up to Rs 5,000 if convicted.
Do note that smoking in public places (including public offices) is also prohibited under the ?Cigarettes & Other Tobacco Products (Prohibition and Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003? passed by Parliament in April 2003.
You and your colleagues have done the right thing in voicing your objection against this particular colleague who does not seem to realise that he is actually violating the law. But since nothing came out of that objection you must now write to the competent authority in charge of your particular office and seek compliance with the aforesaid regulations and/or at least suggest to him that he should provide for a separate smoking area or space to ensure your protection from involuntary exposure to tobacco smoke. Incidentally, these provisions are also applicable to auditoriums, health and educational institutions, court buildings, etc. And each time a person smokes in these places he/she is breaking the law.
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