The Telangana Prohibition of Smoking and Health Protection Act, 2002.

THE TELANGANA 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 authorised officers. 
5. Prohibition of smoking in places of public work or use. 
6. Prohibition of smoking in public service vehicles. 
7. Prohibition on advertisement of 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 noncognizable 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 TELANGANA PROHIBITION OF SMOKING AND 
HEALTH PROTECTION ACT, 2002.1 
 
ACT No.14 OF 2002. 
 
1. (1) This Act may be called the 2Telangana Prohibition 
of Smoking and Health Protection Act, 2002. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall come into force on such date as the 
Government may by, notification, in the 2Telangana Gazette 
appoint. 
 
2. 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 per son authorised 
under section 4; 
 
 (c) “Competent authority ” means any officer or 
authority authorised by the Government by notification to 
perform the functions of the competent authority under this 
                                                           
1. The Andhra Pradesh Prohibition of Smoking and Health Protection 
Act, 2002 received the assent of the Governor on the 2nd May, 2002. The 
said Act in force in the combined State, as on 02.06.2014, has been 
adapted to the State of Telangana, under section 101 of the Andhra 
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the  
Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, 
Law (F) Department, dated 01.06.2016. 
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No.14 of 2002] 
Act, for such area or for such purpose as may b e specified 
in the notification; 
 
 (d) “Government” means the Government of 
3Telangana; 
 
 (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 o f the Motor Vehicles Act, 
1988; 
 
 (h) “State” means the State of 3Telangana; 
 
 (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 
3Telangana Gazette and the word „ notified‟ shall be 
construed accordingly. 
 
3. 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 
                                                           
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Declaration of 
non-smoking 
places. 
Central Act 59 of 1988. 
[Act No.14 of 2002]  3 
in the State to be a non -smoking place for the purpose of 
this Act. 
 
4. (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. 
 
5. No person shall smoke in any place of public work or 
public use. 
 
 
6. Without prejudice to the provisions of the Motor 
Vehicles Act, 1988 no person shall smoke in a public service 
vehicle. 
 
7. Notwithstanding anything contained in any other law 
for the time being in force, no  person shall advertise in any 
place and any public service ve hicle which may promote 
smoking or the sale of cigarettes, cigar and beedis. 
 
8. No person shall sell cigarettes, beedis or any other 
such smoking substance to any person who is below the 
age of eighteen years. 
 
9. 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. 
 
 
 
Prohibition of 
smoking in places 
of public work or 
use. 
Prohibition of 
smoking in public 
service vehicles. 
Prohibition on 
advertisement of 
cigarettes etc. 
Prohibition of sale 
of cigarettes, etc., 
to minors. 
Prohibition of 
storage, sale and 
distribution of 
cigarettes etc. in 
the vicinity of 
educational 
Institutions. 
Appointment of 
authorised 
officers. 
Central Act 45 of 1860. 
4  [Act No.14 of 2002] 
10. 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 tha t the “Smoking is strictly prohibited”  and 
“Smoking is an Offence”. 
 
11. (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 hundr ed) but which may extend to 
Rs. 500/- (rupees five hundred). 
 
 (2) Whoever contravenes sections 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. 1,000/ - 
(rupees one thousand) or with both. 
 
12. 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 public use who contravenes the 
provisions of this Act. 
 
13. Any offence under this Act shall be noncognizable and 
bailable. 
 
14. (1) All offences under this Act shall be tried summarily 
in the manner provided for summary trial under the Code of 
Criminal Procedure, 1973. 
 
 (2) Any offence punishable under sections 7, 8 and 9 of 
this Act may be tried summarily by a Magistrate of  1st Class 
or Metropolitan Magistrate as the case may be. 
Display and 
Exhibition of 
Board. 
Penalties. 
Ejection of 
violators of this 
Act from the place 
of public work or 
use. 
Offences to be 
noncognizable 
and bailable. 
Summary trial. 
 
Central Act 2 of 1974. 
[Act No.14 of 2002]  5 
15. The Government may, by notification , authorise any 
officer or person to exercise any of the powers vested in 
them by this Act. 
 
16. 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. 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 vio lation 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. 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. (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 Legislature 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 o ne 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 Legislature agrees in making any modification 
in the rule or in the annulment of the rule, the rule shall, from 
Delegation of 
Powers. 
Protection of 
actions done in 
good faith. 
Power to 
compound the 
offences. 
Power to remove 
difficulties. 
Power to make 
rules. 
6  [Act No.14 of 2002] 
the date on which the modifi cation 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. 
 
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