West Bengal Prohibition Of Smoking And Spitting And Protection Of Health Of Non-Smokers And Minors Act, 2001
No: 35 Dated: Mar, 12 2003
THE WEST BENGAL PROHIBITION OF SMOKING AND SPITTING AND PROTECTION OF HEALTH OF NON-SMOKERS AND MINORS ACT, 2001
West Bengal Act XXXV of 2001
An Act to provide for prohibiting the use of tobacco in any form and spitting in places of public work or use and in public service vehicles in the State of West Bengal and to make provisions for the protection of health of non-smokers and minors and other matters connected therewith or incidental thereto.
Whereas it is expedient, in the public interest, to prohibit the use of tobacco in any form and spitting in places of public work or use and in public service vehicles and to protect the health of non-smokers and minors in the State of West Bengal;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-smokers and Minors Act, 2001.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(1) "advertisement" means and includes any notice, circular, wall-paper, pamphlets, display on hoardings, telephone booths or any visible representation made by means of any light, sound, smoke, gas, writing instruments, stickers, symbol, colours, logo, trade mark display on articles like T-shirts, shoes, sportswear, sportgears, caps, carry bags, etc., or any other means which has direct or indirect effect of promoting, smoking and/or tobacco chewing and the expression 'advertise' shall be construed accordingly;
(2) "authorised officer" means any person authorised under section 4 of this Act;
(3) "chewing" means chewing of tobacco, gul (tobacco powder), khaini, use of gudakhu (tobacco paste), supari with tobacco, pan masala, zarda, ghutka and the like;
(4) "notification" means a notification published in the Official Gazette -,
(5) "place of public work or use" means public places namely auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices and public conveyances including Railways;
(6) "public service vehicle" means a vehicle as defined under clause (35) of section 2 of the Motor Vehicles Act, 1988;
(7) "smoking" means smoking of tobacco in any form, whether in the form of cigarette, cigar, beedies or otherwise with the aid of pipe, wrapper, or any other instrument;
(8) "spitting" means voluntary ejection of saliva from the mouth after or without chewing and ejection of mucus from the nose with or without inhaling snuff;
(9) "State Government" means the Government of the State of West Bengal.
3. Declaration of places of public work or use. - After the commencement of this Act, the State Government may, by notification in the Official Gazette, declare from time to time, any place to be a place of public work or use in West Bengal, for the purposes of this Act.
4. Power of State Government to appoint person or persons to act as authorised officer or officers. - (1) The State Government may, by notification in the Official Gazette, authorise one or more persons, who shall be competent to act as authorised officer or officers under this Act.
(2) Every person authorised under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
5. Prohibition of smoking and spitting in places of public work or use. - No person shall smoke or spit in any place of public work or use.
6. Prohibition of smoking and spitting in public service vehicles. - No person shall smoke or spit while travelling in, or using, a public service vehicle.
7. Prohibition of advertisement of smoking and chewing. - Notwithstanding anything contained in any other law for the time being in force, no person shall advertise or cause to advertise, in any place of public work or use and in any public service vehicle, any material which may directly or indirectly promote smoking or chewing of tobacco or any product or products containing tobacco even if classified by any other name.
8. Prohibition of sale of cigarettes etc. to minors. - No person shall sell cigarettes, beedies, chewing tobacco, gul (tobacco powder), gudakhu (tobacco paste), including tobacco based tooth paste, supari with tobacco, pan masala, zarda, snuff, ghutka, khaini or any such other smoking or chewing substances or substances containing nicotine and/or tobacco to any person who is below the age of eighteen years.
9. Prohibition of storage, sale and distribution of cigarettes, etc. - No person shall, by himself or by any person on his behalf, store, sell or distribute cigarettes, beedies, chewing tobacco, gul (tobacco powder), gudakhu (tobacco paste), supari with tobacco, pan masala, zarda, snuff, ghutka, khaini or any such other smoking substance or substances containing tobacco within an area of 10 metres around educational institutions.
10. Display and exhibition of board. - The owner or manager or incharge of affairs of every place of public work or use shall display and exhibit a board at a conspicuous place or places in and outside the premises visited or used by the general public prominently stating that the place is a "No Smoking" and "No Smoking Zone" and that "Smoking and Spitting in place of public work or use is an Offence".