The West Bengal Prohibition Of Smoking And Spitting And Protection Of Health Of Non-smokers And Minors Act, 2001

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXXV of 2001' 
THE WEST BENGAL PROHIBITION OF SMOKING 
AND SPITTING AND PROTECTION OF HEALTH 
OF NON-SMOKERS AND MINORS ACT, 2001. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Kolkata 
Gazette, Extraordinary, of the 12th March, 2003.] 
An Act to provide for prohibiting the use of tobacco in any form and 
spitting in places of public work or use and in public service vehicles in 
the State of West Bengal and to make provisions for the protection of 
health of non-smokers and minors and other matters connected therewith 
or incidental thereto. 
WHEREAS it is expedient, in the public interest, to prohibit the use of 
tobacco in any form and spitting in places of public work or use and in 
public service vehicles and to protect the health of non-smokers and 
minors in the State of West Bengal; 
It is hereby enacted in the Fifty-second Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called theWest Bengal Prohibition of Smoking Short title, 
and Spitting and Protection of Health of Non-smokers and Minors Act, extent and 
commence- 
2001. 	 ment. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into 2force on such date as the State Government 
may, by notification in the Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires,— 
(1) "advertisement" means and includes any notice, circular, 
wall-paper, pamphlets, display on hoardings, telephone booths 
or any visible representation made by means of any light, 
sound, smoke, gas, writing instruments, stickers, symbol, 
Definitions. 
For proceedings of the West Bengal Legislative Assembly, see the proceedings of the 
meeting of that Assembly held on the 12th December, 2001. 
2  This Act came into force w.e.f. 1. 5. 2003 vide Health & Family Welfare Department 
Notification No. HF/O/PHP/211/0-1/2002, dt. 26. 3.2003, published in the Kolkata Gazette, 
Extraordinary, Part 1, dt. 4.4.2003. 
 
311 
The West Bengal Prohibition of Smoking and Spitting and Protection 
of Health of Non-smokers and Minors Act, 2001. 
[West Ben. Act 
Declaration 
of places of 
public work 
or use. 
Power of 
State 
Government 
to appoint 
person or 
persons to 
act as 
authorised 
officer or 
officers. 
(Sections 3,4.) 
colours, logo, trade mark, display on articles like T-shirts, 
shoes, sportswear, sportgears, caps, carry bags, etc., or any 
other means which has direct or indirect effect of promoting, 
smoking and/or tobacco chewing and the expression 
'advertise' shall be construed accordingly; 
(2) "authorised officer" means any person authorised under 
section 4 of this Act; 
(3) "chewing" means chewing of tobacco, gul(tobacco powder), 
khaini, use of gudakhu (tobacco paste), supari with tobacco, 
pan masala, zarda, ghutka, and the like; 
(4) "notification" means a notification published in the Official 
Gazette; 
(5) "place of public work or use" means public places namely 
auditoriums, hospital buildings, health institutions, 
educational institutions, libraries, court buildings, public 
offices and public conveyances including Railways; 
(6) "public service vehicle" means a vehicle as defined under 
clause (35) of section 2 of the Motor Vehicles Act, 1988; 
(7) "smoking" means smoking of tobacco in any form, whether 
in the form of cigarette, cigar, beedies or otherwise with the 
aid of pipe, wrapper, or any other instrument; 
(8) "spitting" means voluntary ejection of saliva from the mouth 
after or without chewing and ejection of mucus from the nose 
with or without inhaling snuff; 
(9) "State Government" means the Government of the State of 
West Bengal. 
3. After the commencement of this Act, the State Government may, 
by notification in the Official Gazette, declare from time to time, any place 
to be a place of public work or use in West Bengal, for the purposes of this 
Act. 
4. (1) The State Government may, by notification in the Official 
Gazette, authorise one or more persons, who shall be competent to act as 
authorised officer or officers 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. 
59 of 1988. 
45 of 1860. 
312 
The West Bengal Prohibition of Smoking and Spitting and Protection 
of Health of Non-smokers and Minors Act, 2001. 
XXXV of 2001.] 
(Sections 5-11) 
5. No person shall smoke or spit in any place of public work or use. Prohibition 
of smoking 
and spitting 
in places of 
public work 
or use. 
6. No person shall smoke or spit while travelling in, or using, a public Prohibition 
service vehicle. 
	
	 of smoking 
and spitting 
in public 
service 
vehicles. 
7. Notwithstanding anything contained in any other law for the time Prohibition 
of being in force, no person shall advertise or cause to advertise, in any place advertise- of public work or use and in any public service vehicle, any material which ment of 
may directly or indirectly promote smoking or chewing of tobacco or any smoking and 
product or products containing tobacco even if classified by any other chewing.  
name. 
8. No person shall sell cigarettes, beedies, chewing tobacco, gul Prohibition 
(tobacco powder), gudakhu (tobacco paste), including tobacco based of sale of 
tones, tooth paste, supariwith tobacco, pan masala, zarda, snuff, 	 ci 
ghutka, khaini etc. to or any such other smoking or chewing substance or substances containing minors. 
nicotine and/or tobacco to any person who is below the age of eighteen 
years. 
9. No person shall, by himself or by any person on his behalf, store, 
sell or distribute cigarettes, beedies, chewing tobacco, gul (tobacco 
powder), gudakhu (tobacco paste), supari with tobacco, pan masala, 
zarda, snuff, ghutka, khaini or any such other smoking substance or 
substances containing tobacco within an area of 10 metres around 
educational institutions. 
10. 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 in and outside the premises visited or used by the general public 
prominently stating that the place is a "No Smoking" and "No Smoking 
Zone" and that "Smoking and Spitting in place of public work or use is an 
Offence". 
11. Any person, who contravenes the provisions of,— 
(1) sections 5, 6, 9 or 10, shall be punishable with fine which may 
extend to one thousand rupees and in case of second 
or subsequent conviction, shall be punishable with fine 
which shall not be less than two thousand rupees, but 
which may extend to five thousand rupees; 
Prohibition 
of storage, 
sale and 
distribution 
of cigarettes, 
etc. 
Display and 
exhibition 
of board. 
Penalty. 
313 
Power to 
arrest 
without 
warrant. 
Court 
competent to 
take 
cognizance 
and try 
offences. 
The West Bengal Prohibition of Smoking and Spitting and Protection 
of Health of Non-smokers and Minors Act, 2001. 
[West Ben. Act 
(Sections 12-17.) 
(2) section 7 or 8, shall be punishable with fine which may 
extend to one thousand rupees and in case of second or 
subsequent conviction, shall be punishable with imprisonment 
which may extend to three months, or with fine which shall 
not be less than five thousand rupees but which may extend 
to ten thousand rupees, or with both. 
12. (1) The driver, or the conductor, of a passenger vehicle in whose 
presence a person commits an-offence punishable under section 6, may 
request such person to desist from smoking, and if such person fails to 
comply with the request, any authorised officer or any police officer not 
below the rank of Sub-Inspector, may arrest such person without warrant. 
(2) No suit, prosecution or other legal proceeding shall lie against an 
authorised officer or a police officer for any arrest made in good faith 
under sub-section (1). 
13. (1) No court other than the Court of Judicial Magistrate of First 
Class shall take cognizance of, and try, an offence under this Act. 
(2) No court shall take cognizance of an offence except, on a complaint 
in writing by an authorised officer, or on submission of a report in writing 
by a police officer not below the rank of Sub-Inspector, or by an authorised 
representative of a recognised non-government organisation devoted to 
the cause of controlling tobacco use and spitting, with respect to the 
offences under sections 5, 6, 7, 8, 9 and 10. 
Certain 	 14. Notwithstanding anything contained in the Code of Criminal 2 of 1974. 
offences 	 Procedure, 1973, offences under sections 5, 6, 7, 8, 9 and 10 shall be to be 
cognizable 	 cognizable and bailable. 
and bailable. 
Summary 	 15. All offences under this Act shall be tried summarily in such manner 
trial of 	 as provided for under the Code of Criminal Procedure, 1973. offences. 
Power to 	 16. The State Government may, by notification in the Official Gazette, 
delegate. 	 direct that any power exercisable by it under this Act may also be exercised 
by such officer, subject to such conditions, as may be specified therein. 
17. (1) The State Government may, by notification in the Official 
Gazette, empower an authorised officer, or a police officer not below the 
rank of Sub-Inspector, to compound any offence committed under this Act 
on payment of a sum which may not less than one thousand rupees but may 
extend five thousand rupees by way of composition of the offence for 
which such person is suspected to have committed. 
Composition 
of offences. 
314 
The West Bengal Prohibition of Smoking and Spitting and Protection 
of Health of Non-smokers and Minors Act, 2001. 
XXXV;of 2001.] 
(Sections 18, 19.) 
(2) On payment of such sum to such officer specified under sub-
section (1), the offender, if in custody, shall be released and no further 
proceedings shall be taken against such offender. 
18. (1) The State Government may, by notification, make rules for Power to 
carrying out the provisions of this Act. 	 make rules. 
(2) Every rule made by the State Government under this Act shall be 
laid, as soon as may be after it is made, before 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 immediately following the session or the successive 
sessions aforesaid, the State Legislature agrees in making any modifications 
in the rule or the State Legislature agrees that the rule should not be made, 
the 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 under that rule. 
West Ben. 
Act LV of 
1950. 
West Ben. 
Act XVI of 
1953. 
19. With effect from the date of coming into force of this Act, the West 
Bengal Prohibition of Smoking in Show Houses and Public Halls Act, 
1950 and the Prohibition of Smoking in Passenger Vehicles Act, 1953, 
shall stand repealed: 
Provided that the repeal shall not affect— 
(a) the previous operation of any law so repealed or anything 
done or suffered thereunder, or 
(b) any penalty, punishment incurred in respect of any offence 
committed against any law so repealed, or 
(c) any investigation, legal proceeding or remedy in respect of 
penalties, punishment as aforesaid; 
and any such legal proceedings or remedy may be instituted, constituted 
or enforced, or any such punishment, penalty may be imposed, as if this 
Act has not been passed. 
Repeal and 
savings. 
315 
The West Bengal Prohibition of Smoking and Spitting and Protection 
of Health of Non-smokers and Minors Act, 2001. 
. 	 [West Ben. Act XXXV of 2001.] 
Statement of objects and reasons on The West Bengal 
Prohibition of Smoking and Spitting and Protection of 
Health of Non-smokers and Minors Bill, 2001 
(Bill No. 37 of 2001). 
STATEMENT OF OBJECTS AND REASONS 
In pursuance of the judgement passed by the Hon'ble Supreme Court in 
the case between Murli S. Deora versus Union of India and Others { vide 
Writ Petition (Civil) No. 316 of 1999} and in order to protect the non-
smoking public from the hazards of passive smoking, it is considered 
necessary to prohibit smoking or spitting of tobacco (in any form or 
manner) in places of public work or use and in public service vehicles 
which are visited by people commonly. 
Further to the above, promotion of the use of tobacco through 
advertisement also needs to be discouraged to protect the health of the 
citizens, particularly the minors. As such, sale of tobacco (in any form or 
manner) also needs to be prohibited to persons below the age of 18 years 
and sale, distribution or storing of such tobacco products within a place of 
100 metres around place of worship, or any college, school or other 
educational institutions also needs to be restricted. 
2. The Bill has been prepared with the above objects in view. 
KOLKATA, 	 SURJYA KANTA MISHRA, 
The 7th December, 2001. 	 Member-in-charge. 
316 

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