Assam act 009 of 1951 : The Assam Prohibition of Smoking and Non-Smokers' Health Protection Act, 1951

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ASSAM ACT IX OF 1951

' TH E ASSAM PROH IBITIO N OF SMOK ING IN SHOW HOUSES ACT,

1951

[Published in the "Assam Gazette", dated the 18th Apri l 1951]

An Act to prohibit smoking in cinema halls and other show houses in Assam

Whereas it is exped ient to prohibi t smoking in show houses in Assam :

It is hereby enacted as follows :—

1. Short title, extent and commencement.—(1) This Act may be called the Assam Prohibition of Smoking in Show Houses Act, 1951.

(2) It extends to the whole of Assam. *For Statement of Objects and Reasons see "Assam Gazette", 1951, Pa rt V,

page 43. ■

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(3) It shall come into force on such date and at such places as the State Government may, by notifica tion in the official Gazet te, appoint.

2. Definit ion.— In this Act,—

"show house" means any building, tent, or any roofed and enclosed structure, used ordinarily or occasionally for the demonstration or exhib ition to the public, whether on payment or otherwise, of cinematographic films, dra ma - tical or musical perform ances, dances, physical feats of human beings or animals conjuring tricks or sleights of hand , or any other indoor amusement whatsoever, but does not include such build ing or tent o r roofed or enclosed structure in which meals are served along with the demonstra tion or exhibition.

3. Penalty for smoking in show houses.—Whoever smokes, during a de- monstrat ion, or exhibi tion, in any par t of a show house reserved for the audience or the specta tors shall be punishab le with fine which may extend to one hundred rupees.

Explanation.—Fo r the purpose of this section "demonstrat ion or exhibitio n"

shall be deemed to commence when the audience or the specta tors or any par t of them have entered the show house to witness a show therein and to continue until they have left the house after the close of the show.

4. Power to arrest without warrant.—Any police officer not below the rank of Sub-Inspec tor may arrest without war rant any person committing an offence under section 3 in his presence.

5. Management to post notices or exhibi t slides.— (1) Every person res- ponsible for the management of a demonstra tion or exhibition in a show house shall bring to the notice of the audience or the spectators, by posting notices prominent ly or by exhibi ting slides, tha t any person smoking during a demons- tra tion or exhibition, in any pa rt of such house reserved for the audience or spectators shall be liable to arrest without war rant and to fine.

(2) Whoever contravenes the provisions of sub-sec tion (1) shall be punish- able with fine which may extend to two hun dred rupees.

6. Power to exclude from the operation of the Act.— The State Govern- ment or any officer of the State Government authorised in this behalf may, by general or special order in writing, direc t tha t the provisions of this Act shall not apply in respec t of any show house or any demonstra tion or exhibi tion therein.

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