The Andhra Pradesh Prohibition of smoking and Health Protection Act, 200

THE ANDHRA PRADESH PROHIBITION OF SMOKING AND HEALTH
PROTECTION ACT, 2002
ACT NO. 14 OF 2002.
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement
2. Definitions
3. Declaration of non-smoking places
4. Appointment of authorized officers
5. Prohibition of smoking in places of public work or use
6. Prohibition of smoking in public service Vehicles
7. Prohibition on advertisement on cigarettes etc.
8. Prohibition of sale of cigarettes etc., to minors
9. Prohibition of storage, sale and distribution of cigarettes etc. in
the vicinity of educational institutions
10. Display and Exhibition of Board
11. Penalties
12. Ejection of violators of this Act from the place of public work or
use
13. Offences to be non-cognizable and bailable
14. Summary trial
15. Delegation of Powers
16.  Protection of actions done in good faith
17. Power to compound the offences
18. Power to remove difficulties
19. Power to make rules
THE ANDHRA PRADESH PROHIBITION OF SMOKING AND HEALTH
PROTECTION ACT, 2002
ACT NO. 14 OF 2002
(3rd May, 2002)
AN ACT TO PROVIDE FOR PROHIBITION OF SMOKING IN PLACES OF
PUBLIC WORK OR PUBLIC USE AND IN PUBLIC SERVICE VE-
HICLES IN THE STATE OF ANDHRA PRADESH  AND FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra
Pradesh in the Fifty-third year of the Republic of India as follows,-
1.  Short title, extent and Commencement - (1) This Act may be called the
Andhra Pradesh Prohibition of smoking and Health Protection Act, 2002.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may by,
notification, in the Andhra Pradesh Gazette appoints.
2. Definitions - In this Act, unless the context otherwise requires,-
(a) “advertisement” means and includes any notice, circular,
wall paper, pamphlet, display on hoardings, or any visible
representation made by means of any light, sound, smoke, gas or
any other means which has the effect of promoting smoking and
the expression “advertise” shall be construed accordingly.
(b) “authorised officer’’ means a person authorised under
section 4;
(c) “Competentauthority" means any officer or authority
authorised by the Government by notification to perform the
functions of the competent authority under this Act, for such
area or for such purpose as may be specified in the notification.
(d) “Government” means the Government of Andhra Pradesh.
(e) “Place of public work or use” means a place declared as
such under section 3 and includes auditoria, Hospital buildings,
health institutions, educational institutions, libraries, court
buildings, public offices, public conveyances including railways,
amusement centres, restaurants and the like which are visited
by general public but does not include any open place.
(f) 'Prescribed' means prescribed by rules made under this
Act.
(g) “Public service vehicle” means a vehicle as defined under
clause (35) of section 2 of the Motor Vehicles Act, of 1988
(Central Act 59 of 1988).
(h) ’State’ means the State of Andhra Pradesh;
(i) “Smoking” means smoking of tobacco in any form whether
in the form of cigarette, cigar, beedis or otherwise with the aid of
a pipe, wrapper or any other instruments.
(j) 'Notification' means the notification published in the
Andhra Pradesh Gazette and the word 'notified' shall be
construed accordingly.
3.  Declaration of non-smoking places -As soon as may be after the
commencement of this Act and thereafter from time to time, the Government
may, by notification, declare any place of public work or public use  in the
state to be a non-smoking place for the purpose of this Act.
4. Appointment of authorised officers - (1) The Government may, by
notification, appoint one or more persons as authorised officers who shall be
competent to act under this Act.
(2) every person appointed under sub-section (1) shall be deemed to be
a public servant within the meaning of section 21 of the Indian Penal Code,
1860 (Central Act 45 of 1860).
5.  Prohibition of smoking in places of public work or use - No person shall
smoke in any place of public work or public use.
6.  Prohibition of smoking in public service Vehicles -Without prejudice
to the provisions of the Motor Vehicles Act, 1988 no person shall smoke in a
public service Vehicle.
7.  Prohibition on advertisement on cigarettes etc. - Notwithstanding
anything contained in any other law for the time being in force, no person
shall advertise in any place and any public service vehicle which may promote
smoking or the sale of cigarettes, cigar and beedis.
8.  Prohibition of sale of cigarettes etc., to minors - No person shall sell
cigarettes, beedis or any other such smoking substance to any person who is
below the age of eighteen years.
9.  Prohibition of storage, sale and distribution of cigarettes etc. in the
vicinity of educational institutions -No person shall himself or by any
person on his behalf store, sell or distribute cigarettes or beedis or any other
such smoking substance within the area of one hundred meters around any
college, school or other educational institution.
10. Display and Exhibition of Board - The owner or manager or in charge of
affairs of every place of public work or public use shall display and exhibit a
board at a conspicuous place or places in and outside the premises visited or
used by general public prominently stating that the “Smoking is strictly
Prohibited” and “Smoking is an Offence”.
11.     Penalties - (1) Whoever contravenes the provisions of sections  5,6 and
10 shall be punishable with a fine which may extend to Rs. 100/- (rupees one
hundred), and for second or  subsequent offence shall be punishable with a
minimum fine of Rs.200/- (rupees two hundred) but which may extend to Rs.
500/- (rupees five hundred).
(2) Whoever contravences section 7, 8 and 9 shall be punishable with a
fine which may extend to Rs. 500/- (rupees five hundred) and in case of
second or subsequent offence shall be punishable with imprisonment which
may extend to three months or with a minimum fine of Rs. 500/- (rupees five
hundred) but which may extend to Rs. 1000/-(rupees one thousand) or with
both.
12.  Ejection of violators of this Act from the place of public work or use
- Any authorised officer or any police officer, not below the rank
sub-inspector, may eject any person from the place of public work or public
use who contravenes the provisions of this Act.
13.  Offences to be non-cognizable and bailable - Any offence under this
Act shall be non-cognizable and bailable.
14.  Summary trial -(1) All offences under this Act shall be tried summarily
in the manner provided for summary trial under the Code of Criminal
Procedure, 1973 (Act 2 of 1974).
(2) Any offence punishable under section7, 8 and 9 of this Act, may be
tried summarily by a Magistrate of 1st  Class or Metropolitan Magistrate as
the case may be.
15.  Delegation of Powers -The Government may, by notification authorise
any officer or person to exercise any of the powers vested in them by this Act.
16.  Protection of actions done in good faith -No suit, prosecution or other
legal proceedings shall lie against any person for anything which is in good
faith done or intended to be done in pursuance of this Act or the rules made
thereunder.
17. Power to compound the offences -The State Government may
authorise by notification any officer to accept from any person who is
reasonably believed to have committed an offence under this Act or the rules
made thereunder a sum of money not exceeding rupees one hundred in case
of each violation by way of compounding such offence. Any proceedings taken
against such person in respect of such offence shall on payment of such
money be withdrawn and no further proceedings shall be taken in respect of
such offence.
18.  Power to remove difficulties -If any doubt or difficulty arises in giving
effect to the provisions of this Act, the Government may, by order make
provision or give such direction, not inconsistent with the provisions of this
Act, as may appear to it to be necessary or expedient for the removal of the
doubt or difficulty.
19.  Power to make rules -(1) The Government may, by notification, make
rules for carrying - out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be
laid before the Legislative Assembly of the State, if it is in session and if it is
not in session in the session immediately following, for a total period of
fourteen days, which may be comprised in one session or in two successive
sessions and if before the expiration of the session in which it is so laid or the
session immediately following, the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified, have effect only
in such modified form or shall stand annulled as the case may be, so however
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
K.G.SHANKAR,
Secretary to Government,
Legislative Affairs & Justice (FAC),
Law Department.

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