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Contents

Part II

39. Smoking in an area to which the public have access to be an offence

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

No person shall smoke or allow any person to smoke any tobacco product within any enclosed public place.

(2)

Any person who being the owner, occupier, proprietor, manager, trustee or person in charge of any enclosed public place shall ensure that no person smokes any tobacco product within any such enclosed public place :

Provided however,—

(a)

any hotel, guest house or lodge having thirty rooms or more ;

(b)

any restaurant or club having the seating capacity of a minimum of thirty persons ; or

(c)

an airport, may, notwithstanding the provisions of subsection (1), have within its premises an enclosed space or enclosed area as the case may be, set aside exclusively for smoking. Such area shall be provided with adequate ventilation and shall conform to the prescribed air quality standards.

(3)

The Minister may, in consultation with the Director-General of Health Services, from time to time, issue general or special directions not inconsistent with any written law, as may be required for the enforcement and monitoring of the provisions of this section.

(4)

Any person who contravenes the provisions of subsections (1) and (2) shall be guilty of an offence under this Act, and shall on conviction after summary trial before a

Magistrate be liable to a fine not exceeding two thousand rupees or to imprisonment for a period not exceeding one year or to both such fine and imprisonment.

(5)

For the purposes of this section,

“public place” means any place to which the public have access, whether as of right or otherwise,

“enclosed public place” includes any government department, statutory authority or board or public institution, office premises, bank, court house, auditorium, sports complex, hospital, clinic, dispensary, laboratory, school, university or other educational institution, library, museums, places of worship, hotel, guest house, lodge, hostel, restaurant, club, internet cafe, cinema, theatre, supermarket, airport, a waiting room in a railway station or bus terminal, any public conveyance, building, any built a in area and lift.