Nepal

Section 5 of the Tobacco Products Act imposes a duty on a manager to post signs indicating that “Smoking and consumption of tobacco products is prohibited.” The Regulations further specify that no-smoking signs must be posted at the main entrance door and on the inner door of public places. The sign at the main entrance must be 30cm by 20cm, and the sign on the inner door must be 20cm by 15cm. Signs must also be posted in smoking areas that state: “Smoking and consuming tobacco is injurious to health.” Examples of such signage should be made available on the government website.

Section 17(5)(a) of the Tobacco Products Act subjects violators to a fine of up to 5,000 rupees.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for a range of penalties, including license suspension or revocation, and should also provide for higher penalties for repeat violations.

The Tobacco Products Regulations impose a duty on business managers to remove items used for smoking, such as ashtrays, lighters and matches, from the premises. There is no specific fine for violating this provision; therefore, Section 17(5)(e) of the Tobacco Products Act applies, which imposes a fine of up to 5,000 rupees for violations of provisions that do not carry specific fines.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for a range of penalties, including license suspension or revocation, and should also provide for higher penalties for repeat violations.

Section 17(1)(a) of the Tobacco Products Act imposes a duty on the manager of a place to attempt to stop a person from smoking and to expel the person from the premises if the person continues to smoke. Section 17(5)(e) of the Tobacco Products Act imposes a fine of up to 5,000 rupees for violations by managers.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for a range of penalties, including license suspension or revocation, and should also provide for higher penalties for repeat violations.

The law imposes a duty on managers not to smoke or consume tobacco where prohibited. If the duty is violated, the manager shall be “warned or departmental action taken pursuant to service laws.” Departmental action can be a warning letter, lack of promotion, reduction of salary, reduction of grade, or demotion in initial scale of salary.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for administrative sanctions for managers who violate the law.

Section 4(1) of the Tobacco Products Act imposes a duty on smokers not to smoke where prohibited. Under Section 17(1)(a) of the Act, a person who violates smoking provisions is subject to a fine of 100 rupees or may be expelled from a place, or both. The fine shall be deposited in a “revenue account.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to fines for smokers.