Act/Law wise: Judgment of Supreme Court of Bangladesh

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Smoking and Tobacco Product Usage (Control) Act (XI of 2005)
Section/Order/Article/Rule/Regulation Head Note
Section 4 and 6

What we are observing daily is that the provisions of this Act and the Rules made thereunder are not being properly implemented particularly as regards prohibition of smoking in public places and selling of tobacco products to minors. We have also noticed that in public places, the facilities relating to smoking such as ashtrays, matches, lighters are kept. It has become necessary to save our posterity from the curse of tobacco addiction and to inform them about the Smoking and Tobacco Product Usage Control Act, 2005 as amended by the Smoking and Tobacco Usage (Control) Amended Act, 2013 and also the Rules made thereunder. Therefore, we are inclined to give four more directives in addition to the directives given by the High Court Division.
I. The law enforcing agencies are directed to implement the provision of section 4 of the Act, which provides that no person shall smoke in any public place and public transport and that if any person smokes in contravention of sub-section (1) shall be punishable with fine not exceeding three hundred taka and the penalty shall be doubled for each subsequent violation.
II. The law enforcing agencies are directed to ensure that no one can sell tobacco product to a minor as per sub-section (1) of section 6(a) and subsection (2) thereof provided if any person contravenes the provision of sub-section (1) he shall be punishable with fine which may extend to five thousand taka and if a person contravenes the provisions more than once, every time the amount of fine shall be doubled.
III. The owner, proprietor of a public place shall ensure that no person smokes in that place. Ashtrays, matches, lighters and other things designed to facilitate smoking are not to be provided in public place where smoking is prohibited altogether.
IV. The Ministry of Education, the Ministry of Primary and Mass Education and the National Curriculum Textbook Board (NCTB) are directed to incorporate a chapter in the curriculum of schools and intermediate colleges about the adverse effect of smoking and also about the latest law in this regard. .....Government of Bangladesh =VS= Professor Nurul Islam, (Civil), 2018 (1) [4 LM (AD) 125] ....View Full Judgment

Section 5

Smoking—Provisions of this Act and the Rules made thereunder are not being properly implemented particularly as regards prohibition of smoking in public places and selling of tobacco products to minors. In public places, the facilities relating to smoking such as ashtrays, matches, lighters are kept. Four more directives in addition to the directives given by the High Court Division. Government of Bangladesh vs Professor Nurul Islam, 68 DLR (AD) 378 ....View Full Judgment

The government shall take steps phase by phase to stop production of tobacco leaves–
Government has taken any measure to implement directives (a) and (b) of the impugned judgments. Directives (a) and (b) are reproduced again as under:
“a) The government shall take steps phase by phase to stop production of tobacco leaves in tobacco growing Districts of Bangladesh, giving subsidy to the farmers, if possible and necessary to produce other agricultural products instead of tobacco and for rehabilitation of the tobacco workers engaged in tobacco production, if possible with alternative beneficial jobs.
b) The Government shall restrict issuance of license for setting up tobacco industry or Bidi factory and direct the existing tobacco and Bidi Companies to switch over to some other industry to prevent production of Cigarette, Bidi and other tobacco related products, specifying a reasonable period for the purpose.” .....Government of Bangladesh =VS= Professor Nurul Islam, (Civil), 2018 (1) [4 LM (AD) 125] ....View Full Judgment