Government of West Bengal
No. 457-L, dated 12.03.2003
The following Act of the West Bengal Legislature, having been assented to by the President of India, is hereby published for general information:-
West Bengal Act XXXV of 2001
The West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-smokers and Minors Act, 2001
[Passed by the West Bengal Legislature]
[Assent of the President of India was first published in the Kolkata Gazette, Extraodinary of the 12th March, 2003]
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 concerned therein or incidental thereto.
WHERAS 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 in any public service vehicles and to protect the health of non-smokers and minors in the State of West Bengal;
It is hereby enacted in the Fifty-second Year of the Republic of India, by the Legislature of West Bengal, 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.
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, sportsgears, 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 purpose 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 tabacco 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 based, supari with tobacco, pan masala, zarda, spuff, ghutka, khaini or any such other smoking or chewing substance 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 tobaco within an are of 10 meters 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 of a conspicious 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”.
Any person, who contravenes the provisions of,
(1) section 5,6,9 or 10, shall be punishable with fine which may extend to one thousand rupees and in case of second or subsequent conviction, shall be punishable with fine which shall not be less than two thousand rupees, but which may extend to five thousand rupees;
(2) section 7 or 8, shall be punishable with fine which may extend to one thousand rupees and in case of second or subsequent conviction, shall be punishable with imprisonment which may extend to three months, or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees, or with both.
12. Power to arrest without warrant:-
(1) The driver, or the conductor, of a passenger vehicle in whose presence a person commits an offence punishable under section 6, may request such to desist from smoking, and if such person fails to comply with the request, any authorised officer or any police officer not below the rank of Sub-Inspector, may arrest such person without warrant.
(2) No suit, prosecution or other legal proceeding shall lie against an authorised officer or a police officer for any arrest in good faith under sub-section (1).
13. Court competent to take cognizance and try offences:-
(1) No court other than the Court of Judicial Magistrate of First Class shall take cognizance of, and try, an offence under this Act.
(2) No court shall take cognizance of an offence except, on a complaint in writing by an authorised officer, or on submission of a report in writing by a police officer not below the rank of Sub-Inspector, or by an authorised representative of a recognised non-government organisation devoted to the cause of controlling tobacco use and spitting, with respect to the offences under sections 5,6,7,8,9 and 10.
14. Certain offences to be cognizable and hairable:-
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences under sections 5,6,7,8,9 and 10 shall be cognizable and hairable.
15. Summary trial of offences:-
All offenses under this Act shall be tried summariliy in such manner as provided for under the Code of Criminal Procedure, 1973.
16. Power to delegate:-
The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may also be exercised by such officer, subject to such conditions, as may be specified therein.
17. Compositions of offences:-
(1) The State Government may, by notification in the Official Gazette, empower an authorised officer, or a police officer not below the rank of Sub-Inspector, to competent any offence committed under this Act on payment of a sum which may not less than one thousand rupees but may extend five thousand rupees by way of composition of the offence for which such person is suspected to have committed.
(2) On payment of such sum to such officer specified under sub-section (1), the offender, if in custody, shall be released and no further procedures shall be taken against such offender.
18. Power to make rules:-
(1) The State Government may, by notification, make rules for carrying out the provisions of this Act.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Stat Legislature agrees in making any modifications in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or amendment shall be without prejudice to the validity of anything previsously done under that rule.
19. Repeal and saving:-
With effect from the date of coming into force of this Act, the West Bengal Prohibition of Smoking in Passenger Vehicles Act, 1953, shall stand repealed:
Provided that the repeal shall not affect-
(a) the previous operation of any law so repealed or anything done or suffered thereunder; or
(b) any penalty, punishment incurred in respect of any offence committed against any law so repealed; or
(c) any investigation, legal proceeding or remedy in respect of penalties, punishment as aforesaid;
and any such legal proceedings or remedy may be instituted, constituted or enforced, or any such punishment, penalty may be imposed, as if this Act has not been passed.
By order of the Governor,
Principal Secy. to the Govt. of West Bengal &
Secy., Law Department.