Last updated: July 26, 2021
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The National Tobacco Control Act restricts smoking in indoor workplaces. The Act states that smoking is prohibited in enclosed public places listed in the Second Schedule, which includes a “workshop, factory, offices, and other workplace”. Section 9 provides that designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas must not occupy more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.
All indoor public places
The National Tobacco Control Act restricts smoking in indoor public places. The Act states that smoking is prohibited in enclosed public places listed in the Second Schedule, which include healthcare facilities, primary and secondary education facilities, shops, police stations and prisons, higher education facilities, transport facilities, theaters, cinemas, stadiums and arenas, and bars and restaurants. Section 9 provides that designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas must not occupy more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.
All public transport
The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner”. Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in public transportation. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transportation.
Government facilities
The National Tobacco Control Act does not specifically address smoking in government facilities. However, the Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “offices, and other workplace; except where designated smoking areas are provided.” Because government facilities are workplaces for government workers, smoking in government facilities is restricted. Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including government facilities.
Private offices
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “workshop, factory, offices, and other workplace; except where designated smoking areas are provided.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including in private offices.
Hospitals
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including hospitals.
Residential healthcare facilities - public areas
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of residential healthcare facilities.
Non-residential healthcare facilities
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in non-residential healthcare facilities.
Childcare facilities/preschools
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “crèche, primary school and secondary school.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in childcare facilities and preschools.
Primary and secondary schools
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “crèche, primary school and secondary school.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in primary and secondary schools.
Universities/vocational facilities
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “college of education, monotechnic, polytechnic, universities and any other educational institution or training center, except where designated smoking areas are provided.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in universities and vocational facilities.
Shops
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule completely prohibits smoking in “sales shop, shopping mall, market or any other place where the members of the public gather to trade in goods or services.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in shops.
Cultural facilities
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “theatre, cinema hall, arena, stadia and other sporting, leisure or recreational facility except where designated smoking areas are provided.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including cultural facilities.
Indoor stadium/arenas
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “theatre, cinema hall, arena, stadia and other sporting, leisure or recreational facility except where designated smoking areas are provided.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including stadiums and arenas.
Restaurants
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including restaurants.
Bars/pubs/nightclubs
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in bars, pubs, and nightclubs.
Casinos
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” This is interpreted as including casinos.
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in casinos.
Hotels/lodging - public areas
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” The “hospitality” sector includes hotels.
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of hotels.
Hotels/lodgings - guest rooms
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” The “hospitality” sector includes hotels.
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including guest rooms of hotels.
Prisons/detention facilities - public areas
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule completely prohibits smoking in “police station, prisons and any other place where prisoners or crime suspect are kept or held in custody.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in trains, buses, and other shared ground transportation. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.
Taxis (for-hire vehicle)
The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in taxis. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.
Commercial aircraft
The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.”
Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in commercial aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.
Commercial watercraft
The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refers solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in commercial watercraft. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “bus stop, vehicle park, seaport, airport, rail service; except where designated smoking areas are provided.”
Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.
The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in public transport facilities.
Residential house co-occupied by a person who is below 18 years of age, except in a room exclusively occupied by the smoker
The National Tobacco Control Act prohibits smoking “in a residential house co-occupied by a person who is below 18 years of age, except in a room exclusively occupied by the smoker.”
To the extent that this provision regulates smoking in homes or dwellings that are also workplaces for some, the law aligns with para. 21 of the FCTC Art. 8 Guidelines. Further, para. 25 of the FCTC Art. 8 Guidelines states, “Public education campaigns should also target settings for which legislation may not be feasible or appropriate, such as private homes.”