Telangana act 014 of 2002 : The Telangana Prohibition of Smoking and Health Protection Act, 2002.

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹Telangana Prohibition of Smoking and Health Protection Act, 2002.

(2) It extends to the whole of the State of ¹Telangana.

(3) It shall come into force on such date as the Government may by, notification, in the ¹Telangana Gazette appoint.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 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) “Competent authority” means any officer or authority authorised by the Government by notification to perform the functions of the competent authority under this Act, for such area or for such purpose as may be specified in the notification;

(d) “Government” means the Government of ¹Telangana;

(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 of the Motor Vehicles Act, 1988;

(h) “State” means the State of ¹Telangana;

(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 ¹Telangana Gazette and the word 'notified' shall be construed accordingly.

1. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Section 3.Declaration of non-smoking places.

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 in the State to be a non-smoking place for the purpose of this Act.

Section 4.Appointment of authorised officers.

(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.

Section 5.Prohibition of smoking in places of public work or use.

No person shall smoke in any place of public work or public use.

Section 6.Prohibition of smoking in public service vehicles.

Without prejudice to the provisions of the Motor Vehicles Act, 1988 no person shall smoke in a public service vehicle.

Section 7.Prohibition on 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, cigar and beedis.

Section 8.Prohibition of sale of cigarettes, 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.

Section 9.Prohibition of storage, sale 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 the area of one hundred meters around any college, school or other educational institution.

Section 10.Display and Exhibition of Board.

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 that the “Smoking is strictly prohibited” and “Smoking is an Offence”.

Section 11.Penalties.

(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 hundred) 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.

Section 12.Ejection of violators 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 public use who contravenes the provisions of this Act.

Section 13.Offences to be noncognizable and bailable.

Any offence under this Act shall be noncognizable and bailable.

Section 14.Summary trial.

(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.

Section 15.Delegation of Powers.

The Government may, by notification, authorise any officer or person to exercise any of the powers vested in them by this Act.

Section 16.Protection of actions done in good faith.

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.

Section 17.Power to compound the offences.

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 violation 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.

Section 18.Power to remove difficulties.

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.

Section 19.Power to make rules.

(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 one 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 the date on which the modification 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.