The rajasthan prohibition of smoking and non-smoker's health protection act, 1999

Rajasthan Prohibition of Smoking and Non-Smoker’s Health 
Protection Act, 1999 
(Act No. 14 of 2000) 
 
[Received the assent of the Governor on the 11th day of May, 2000] 
An 
Act 
to provide for prohibition of smoking in places of public work or use and in public service 
vehicles in the territory of the State of Rajasthan and to make provision for other matters 
connected therewith 
Be it enacted by the Rajasthan State Legislature in th e Fifty first year of the Republic of 
India, as follows:- 
1. Short title, extent and commencement.  - (1) This Act may be called the Rajasthan 
Prohibition of smoking and Non-smokers’ Health Protection Act, 1999. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall come into force on such date as the State Government may, by notification in 
the Official Gazette, appoint: 
Provided that different dates may be appointed for different provisions of this Act and 
any reference in any such provision t o the commencement of this Act shall be construed as a 
reference to the coming into force of that provision. 
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) "place of public work or use" means a place declared as such under Section 3 
and includes auditoria, hospital buildings, health institutions, amusement centres, 
restaurants, public offices, court buildings, ed ucational institutions, libraries and the like 
which are visited by general public 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 No. 59 of 1988): 
(e) "rule" means the rule made under this Act: and 
(f) "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. 
3. Declaration of no -smoking place of public work or use.  - 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 or public work or use in the State of 
Rajasthan to be a no-smoking place for the purpose of this Act. 
4. Power of the State Government to authorise officers to act under this Act.  - (1) 
The State Government may, by notification in the Official Gazette, authorise one or more 
persons who shall be competent to act 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, 1860 (Central Act No. 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 use. 
6. Prohibition of smoking in public service vehicle.  - Without prejudice to the 
provisions of Motor Vehicles Act, 1988 (Central Act No. 59 of 1988), no person shall smoke in a 
public service vehicle. 
7. Prohibition of advertisement of 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 and beedis etc. 
8. Prohibition of sale of cigarettes, beedis 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 or storage, sa le 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 an area of one hundred 
meters around any college, school or other educational institution. 
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 and outside the premises visited or used by general public prominently stating that the 
place is a "No Smoking Zone" and that "Smoking is an Offence". 
11. Penalties. - Any person, who contravenes the provisions of.- 
(i) Sections 5, 6 or 10 shall be punishabl e with fine which may extent 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: 
(ii) Sections 7, 8 or 9 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 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. 
12. Ejection of violators of the provisions of this Act from the place of public work 
or use. - 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. 
13. Court competent to try offences under this Act and take cognizance ofoffences.  -     
(1) No court other than the court of Judicial Magistrate 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 made by an authorised officer with respect to offences under Sections 5, 6 and 10 and on 
a report in writing made by a police officer not below the rank of su b-inspector, with respect to 
the offences under Sections 7, 8 and 9. 
14. Certain offences to be cognizable and bailable.  - Notwithstanding anything 
contained in the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) offences under 
shall be cognizable and bailable. 
15. Offences under this Act to be tried summarily.  - All offences under this Act shall 
be tried summarily in the manner provided for summary trial under the Code of Criminal 
Procedure, 1973 (Central Act No. 2 of 1974). 
16. Power to deleg ate. - 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, subject to such conditions, if any, as may be specified 
therein. 
17. Composition of offences.  - The State Government or any person authorised by it by 
general or special order in this behalf, may either before or after the institution of the 
proceedings, compound any offences made punishable by or under this Act. 
18. Power to make rules.  - (1) The State Government may make rules for carrying out 
the purposes of this Act. 
(2) All rules made under this Act shall be laid, as soon as may be after they are made, 
before the House of the State Legislature while it is in ses sion, for a period of not less than 
fourteen days, which may be comprised in one session or in two successive sessions and if, 
before the expiry of the session in which they are so laid or of the session immediately following, 
the house of the State Legisl ature makes any modification in any of such rules, or resolves that 
any such rules should not be made, such 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 
annulment shall be without prejudice to the validity of anything previously done thereunder. 

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