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
|
Government of Bangladesh =VS= Professor Nurul Islam |
4 LM (AD) 125 |
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. …Bangladesh & ors Vs. Professor Nurul Islam & anr,
(Civil), 9 SCOB [2017] AD 46
....View Full Judgment
|
Bangladesh & ors Vs. Professor Nurul Islam & anr |
9 SCOB [2017] AD 46 |
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
|
Government of Bangladesh vs Professor Nurul Islam |
68 DLR (AD) 378 |
Stop production of tobacco leaves–
|
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
|
Government of Bangladesh =VS= Professor Nurul Islam |
4 LM (AD) 125 |