Jammu and Kashmir Prohibition of Smoking and Non-Smokers Health Protection in Public Service Vehicles Act, 1997

No: 20 Dated: Jun, 02 1997

THE JAMMU AND KASHMIR PROHIBITION OF SMOKING AND NON-SMOKERS’ HEALTH PROTECTION IN PUBLIC SERVICE VEHICLES ACT, 1997

(Act No. XX of 1997)

    An Act to provide for prohibiting of smoking in public service vehicles in the State and to make provisions for other matters connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the Forty-eighth Year of the Republic of India as follows

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Prohibition of Smoking and Non-Smokers Health Protection in Public Service Vehicles Act, 1997.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force at once.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "advertisement" means and includes a notice, circular. Pamphlets, display in public service vehicles by visible representation made by means of any light, sound, smoke, gas or any other means which has, directly or indirectly, the effect of promoting smoking and the expression "advertise" shall be construed accordingly ;

(b) "authorised officer" means an officer authorised under section 4;

(c) "Government" means the Government of Jammu and Kashmir;

(d) "Public service vehicle" means a vehicle as defined under clause (25) of section 2 of the Motor Vehicles Act, 1988 (81 of 1988);

(e) "smoking" means smoking of Tobacco in any form, whether in the form of cigarettes, cigars, beedis or otherwise or with the aid of pipe, wrapper or any other instrument.

3. Power of Government to authorise officers to act under this Act. - (1) The Government may, by notification in the Government Gazette, authorise one or more officers, who shall be competent to act under this Act.

(2) Every officer authorised under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the State Ranbir Penal Code, Samvat 1989.

4. Prohibition of smoking in public service vehicles. - Without prejudice to the provisions of the Motor Vehicle Act, 1988 (81 of 1988) no person shall smoke in a public service vehicle.

5. Prohibition of advertisement of cigarettes etc. - Notwithstanding anything contained in any other law for the time being in force, no person shall advertise in any public service vehicle which may promote, directly or indirectly, smoking or the sale of cigarettes and beedies etc.

6. Penalties. - Any person, who contravenes the provisions of,-

(i) section 4 shall be punishable with fine which may extend to one hundred rupees and in case of second or subsequent offence, shall be punishable with a minimum fine of two hundred rupees, but which may extend to five hundred rupees;

(ii) section 5 shall be punishable with fine which may extend to five hundred rupees in case of second or subsequent offence, shall be punishable with a minimum fine of five hundred rupees, but which may extend to one thousand rupees.