LexThe Meghalaya Prohibition of Smoking and Non-Smokers Health Protection Act No.6, 1998
Meghalaya · state statute
Open in Lexace · Ask the AI about this actThe 13th July
No. LL(B) 51/97/14- The Meghalaya Prohibition of Smoking and Non-Smokers Health
Protection Act, 1998 (Act No.6 of 1998) is hereby published for general information.
MEGHALAYA ACT NO. 6 OF 1998
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 10th July 1998.
Published in the Gazette of Meghalaya, Extra Ordinary, issue dated 13th July, 1998
THE MEGHALAYA PROHIBITION OF SMOKING AND NON-SMOKERS
HEALTH PROTECTION ACT, 1998
An
Act
to provide for prohibiting of Smoking in places of public work or use and in public
services vehicles in the state of Meghalaya and to make provision for other matters connected
therewith.
Be it enacted by the Legislature of the State of Meghalaya Forty-ninth year of the
Republic of India as follows:-
Short title and
commencement
Definitions
1
2
(1) This Act may be called the Meghalaya Prohibition
of Smoking and Non- smokers health Protection
Act, 1998
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force on such date as t he State
Government may, by a notification in the Official
Gazette appoint.
In this Act, unless the context otherwise require-
(a) “advertisement” means and includes any notice,
circular, wall paper, pamphlet, display on boarding
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 expression
‘advertise’ shall be construed accordingly;
(b) “authorised Officer” means a person authorised
under section 4;
(c) “Code” means the Code of Criminal Procedure,
1973 (2 of 1974);
Declaration of non-smoking
places of public work or use
Power of Government to
authorise officers to Act
under this Act.
Prohibition of smoking in
places of public worker use
Prohibition of smoking in
public services vehicles
Prohibition on advertisement
of cigarettes etc.
Prohibition of cigarettes, etc
to minors.
3
4
5
6
7
8
(d) “place of public work or use” means a place
declared as such under section 3 and includes
auditoria, hospital buildings, health institution s,
cinema halls and amusement centres, restaurant,
public offices court buildings, educational
institutions, libraries and the like which are visited
by general public but does not include any open
place;
(e) “public services vehicles” mean a vehicle as
defined under clause (35) of section 2 of the Motor
Vehicles Act, 1988 (59 of 1988);
(f) “smoking” means smoking of tobacco in any form
whether in the form of
cigarette, cigar, beedis or
otherwise with the aid of pipe, wrapper or any other
instruments; and
(g) “State Government” means the Government of the
State of Meghalaya.
As soon as may be after the commencement of this Act
and thereafter from time to time, the State Government
may, by notification in the Official Gazette, declare any
place of public work or use in Meghalaya to be a non
smoking place for the purpose of this Act.
(1) The State Government may, by notification in the
Official Gazette, authorise one o
r more persons
who shall be competent to act under this Act.
(2) Every person authorise under sub- section (1) shall
be deemed to be public servant within the meaning
of Section 21 of the Indian Penal Code, 1860 (45 of
1860)
No person shall smoke in any place of public work or
use.
Without prejudice to the provisions of the Motor
Vehicles Act, 1988 (59 of 1988) no person shall smoke
in a public services vehicle.
Notwithstanding anything contained in any other law
for the time in force, no person shall advertise in any
place and any public service vehicle, which may
promote smoking, or the sale of cigarettes, cigar beedis
or any smoking substance.
No person shall sell cigarette, cigar beedis or any other
such smoking substance to any person who is below the
age of eighteen years.
Prohibition storage, sale and
distribution of cigarettes, etc
in the vicinity of educational
Institutions.
Display and Exhibition of
Board
Penalties
Ejection or viola tore of his
Act from the place of public
work or use.
Court competent to try
offences under this Act and
take cognizance of offences
Certain offences to be
cognizable and bailable
Offences under the Act, to be
tried summarily.
9
10
11
12
13
14
15
No person shall himself or by any person on his behalf
stores, sale or distribute cigarette, cigar beedis or any
other such smoking substance within an area of one
hundred metres around any college, school or other
educational institution.
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 place in and outside the
promises visited or used by the general public
prominently stat ing that the place is a “No Smokinf
Zone” and that “Smoking is an Offence”.
Any person who contravenes the provision of-
(a) Section 5,6 or 10 shall be punishable with fine
which may extend to one hundred rupee and in case
of a second or subsequent offence wi th a minimum
fine of two hundred rupees, and but which may
extent to five hundred rupees;
(b) Section 7,8 or 9 shall be punishable with fine which
may extend five hundred rupee and in case of a
second or subsequent offence with imprisonment
which may extend to three months or with a
minimum fine of five hundred rupees but which
may extend to one thousand rupees or with both.
Any authorised officer or any police officer not below
the rank of Sub- Inspector may eject any person from
the place of public work or use who contravenes the
provisions of this Act.
(1) No court other than the court of Judicial Magistrate
of the 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 comp
laint in writing by an
authorised officer with respect to offence under
sections 5,6 and 10 and on a report in writing by a
police officer not below the rank of Sub-Inspector,
with respect to the offence under section 7,8 and 9.
Notwithstanding anything c ontained in the Code,
offences under sections 7, 8 and 9 shall be cognizable
and bailable.
All offences under this Act shall be tried summarily in
the manner provided for summary trial under the Code.
Power to delegate
Composition of offences
Power to make rules
Repeal
16
17
18
19
The State Government may, by notification in the
official Gazette delegate any of the powers exercisable
by it under this Act, subject to such conditions, if any,
as it may impose, to such officer as may be specified in
such notification.
The State Government or any person authorise by it or
by general or special order in this behalf, may either
before or after the institution of the proceeding
compound any offences made punishable by or, under
this Act.
(1) The State Government may and subject to
previous publication make rules to provide for
or regulate any matter in respect or which this
Act makes no provision or makes insufficient
provision and provision is, in its opinion,
necessary.
(2) Every rule make under this Act shall be laid in
the Legislative Assembly.
The Meghalaya Prohibition of Smoking in Show
Houses Act and the Meghalaya Prohibition of Smoking
in passenger Vehicles Act (Assam Act IX of 1951 and
XVII of 1954 respectively as adapted by Meghalaya)
are hereby repealed
L.M.SANGMA
Under Secretary to the Govt. Of Meghalaya,
Law (B) Department.