LexThe KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF NON-SMOKERS ACT, 2001
Karnataka · state statute
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THE KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF
NON-SMOKERS ACT, 2001
Arrangement of Sections
Statement of Objects and Reasons
Sections:
1. Short title and commencement
2. Definitions
3. Prohibition of smoking, advertisement, sale and storage of smoking substances
4. Notice to be displayed
5. Penalties
6. Authorised Officer
7. Removal of a person from the Place of an offence
8. Court Competent to try offences under this Act and take cognizance of offences
9. Certain offences to be cognizable and Bailable
10. Offences under the Act to be tried summarily
11. Offences by Companies
12. Delegation of Powers
13. Compounding of offences
14. Repeal and savings
15. Power to make rules
STATEMENT OF OBJECTS AND REASONS
In order to protect the non-smoking public from the hazards of passive smoking it is
considered necessary to prohibit tobacco smoking, to start with atleast in a few selected
places, like places of public work or use and in public service vehicles, where large number
of people are present for prolonged periods.
Promotion of smoking through advertisements needs to be discouraged and the health
of the younger generation, particularly children, also needs to be protected from the ill-
effects of tobacco smoking by prohibiting sale of cigarettes, etc., to persons below 18 years
and sale, distribution or storing of such products within the premises of any Hospital, Health
Institution, Public Office, Court, Library, Place of worship, College, School or other
Institution.
Hence the Bill.
(L.C. Bill No. 3 of 2001)
(Entry 6 of List-II of the Seventh Schedule to the Constitution of India)
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KARNATAKA ACT 2 OF 2003
(First published in the Karnataka Gazette Extra-ordinary on the 10th day of March 2003)
THE KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF
NON-SMOKERS ACT, 2001
(Received the assent of the president of India on the Twenty eighth day of February 2003)
An Act to provide for prohibition of smoking in places of public work or use and in public
service vehicles and for the protection of health of non-smokers in the State of Karnataka
and to make provision for matters connected therewith or incidental thereto.
Be it enacted by the Karnataka State Legislature in the fifty second year of the Republic
of India as follows:-
1. Short title and commencement .- (1) This Act may be called the Karnataka
Prohibition of Smoking and Protection of Health of Non-Smokers Act, 2001.
(2) It shall come into force from such date, as the State Government may, by
notification, appoint and different dates may be appointed for different provisions of this Act.
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 repr esentation 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 an officer appointed under section 6;
(c) “Place of public work or use” means a place which is visited by general public
and includes Auditorium, Hospital Buildings, Health Institutions, Amusement
centres, Restaurants, Public Offices, Court Buildings, Educational Institutions,
Libraries, Places of worship and such other places notified by the State
Government to be a Place of Public Work or use but does not include any open
place;
(d) “Public Service Vehicle” means a vehicle as defined under clause (35) of section
2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988);
(e) “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
instrument.
3. Prohibition of smoking, advertisement, sale and storage of smoking
substances.- No person shall,- (1) engage in smoking in any place of public work or use,
where smoking is prohibited and such prohibition is displayed or conveyed through any
audio or visual medium, or in any Public Service Vehicle.
(2) notwithstanding anything contrary contained in any other law advertise in any place
of Public Work or use or in any Public Service Vehicle to promote smoking or the sale of
cigarettes and beedies:
Provided that this clause shall not apply in relation to,-
(a) an advertisement of cigarettes or beedies in or on a package containing
cigarettes or beedies;
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(b) advertisement of cigarettes or beedies which is displayed at the entrance or
inside a warehouse or a shop where cigarettes or beedies are offered for
distribution or sale.
(3) sell cigarettes, beedis or any other smoking substance to any person who is below
the age of eighteen years;
(4) himself or by any person on his behalf, store, sell or distribute cigarettes or beedis
or any other smoking substance within the premises of any Hospital, Health Institution,
Public Office, Court, Library, College, School or other Educational Institution and Place of
worship.
4. Notice to be displayed.- For the purpose of clause (1) of section 3, the owner or
manager or person incharge of a place of public work or use shall display or convey
through audio or visual medium in Kannada and English languages at a conspicuous place
or places in the premises of place of public work or use prominently stating that the entire
place or such part of it is a “No smoking Zone” and that “Smoking is prohibited in such place
or, as the case may be, part of it.”
5. Penalties.- Any person, who contravenes the provisions of: - (1) clause (1) of section
3 or of 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;
(2) clauses (2),(3),(4) of section 3 shall be punishable with fine which may extend to
five hundred rupees and in case of second or subsequent offence, shall be punishable with
imprisonment for a term which may extend to three months, and with a minimum fine of five
hundred rupees, but which may extend to one thousand rupees.
6. Authorised Officer.- (1) The State Government may by notification appoint one or
more persons in respect of any area or areas to be authorised officers for the purpose of this
Act.
(2) Every authorised officer 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).
7. Removal of a person from the Place of an offence.- Any person who contravenes
the provisions of section 3 and who is being asked by an authorised officer or a Police
Officer not below the rank of a Sub-Inspector of Police to desist from smoking persists, shall
be liable to be removed from the place of the offence. A person removed from the show
house, auditoria, amusement centre or a Public Service Vehicle shall not be entitled to
refund of any payment made by him for journey or for admission to the demonstration,
exhibition, assembly or meeting or to any other compensation.
8. Court Competent to try offences under this Act and take cognizance of
offences.- [1] No court other than the court of a Metropolitan Magistrate or Judicial
Magistrate First-Class shall take cognizance of and try an offence under this Act.
(2) No court shall take cognizance of any offence under this Act except on a
complaint in writing of an authorized officer with respect to offences under clause (1) of
section 3 or section 4 and on a report in writing of a Police Officer, not below the rank of
Sub-Inspector of Police, with respect to offences under clauses (2), (3) and (4) of section 3.
9. Certain offences to be cognizable and Bailable.- Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) offences under
clauses (2), (3) and (4) of section 3 shall be cognizable and bailable.
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10. Offences under the Act to be tried summarily.- All offences under this Act shall
be tried summarily in the manner provided for summary trial of cases under the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974).
11. Offences by Companies.- (1) Where an offence under this Act has been
committed by a company, every person, who, at the time the offence was committed, was in
charge of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be dee med to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment, if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section(1), where any offence under this
Act has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall be proceeded against and punished accordingly.
Explanation.- For the purposes of this section,-
(a) “Company” means a body corporate and includes a firm or other association of
individuals; and
(b) “Director”, in relation to a firm, means a partner in the firm.
12. Delegation of Powers.- 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 as may be mentioned therein and subject to such conditions, if any, as may be
specified therein.
13. Compounding of offences.- (1) The State Government or any person authorised
by the State Government in this behalf by general or special order, may either before or after
the institution of the proceedings compound any of the offences made punishable under this
Act.
(2) When an offence is compounded under sub-section (1), the offender if in custody
shall be discharged and no further proceeding shall be taken against him in respect of the
offence compounded.
14. Repeal and savings.- (1) The Karnataka Prohibition of Smoking in Show houses
and Public halls Act, 1963 (Karnataka Act 30 of 1963) is hereby repealed and in clause (y) of
sub-section (1) of section 92 of the Karnataka Police Act, 1964 (Karnataka Act 4 of 1964) the
words “smokes or” shall be omitted:
Provided that the provisions of section 6 of the Karnataka General Clauses Act, 1899
shall be applicable in respect of the repeal of the said enactment and the provisions of the
said law and sections 8 and 24 of the said Act shall be applicable as if the said enactment
and provisions had been repealed and re-enacted by this Act.
15. Power to make rules.- (1) The State Government may by notification and after
previous publication make rules generally for the purpose of carrying into effect the
provisions of this Act.
(2) Every rule made under this Act shall be laid as soon as may be after it is made,
before each House of the State Legislature while it is in session for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediatel y following the session or successive sessions
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aforesaid both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall from the date on which the modification or
annulment is notified by the Government in the Official Gazette have effect only in such
modified form or be of no effect, as the case may be, so however, that any modification or
annulment shall be without prejudice to the validity of anything previously done under such
rule.
The above translation of the |â³Àâ°~Ö}â ¾Íê©|â Àâ°yâ°K |â³Àâ°~Ö}â ÀâÃÖvâ{âÀâpâ Ap곩gâX pâdâ_Çê
%º¾Ìâ°Àâ°, 2001 (2003 pâ dâ}ÖËrdâ %º¾Ìâ°Àâ° ÉâªfêX 2) be published in the official Gazette under
clause (3) of Article 348 of the constitution of India.