The Delhi Prohibition of Smoking and Non-Smokers Health Protection Act, 1996

(1) This Act may be called the Delhi Prohibition of Smoking and Non-smokers Health Protection Act, 1996. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Government may by Notification in the Official Gazette appoint: Provide that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

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 other 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) "Delhi" means the National Capital Territory of Delhi; (d) "Government" means the Government of the National Capital Territory of Delhi; (e) "Legislative Assembly" means the Legislative Assembly for Delhi; (f) "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, educational institutions, libraries and the like which are visited by general public but does not include any open place; (g) "Official Gazette" means the Delhi Gazette; (h) "public service vehicle" means a vehicle as defined under clause (25) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); (i) "rule" means the rule made under this Act; (j) "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 in any other instruments.

As soon as may be after the commencement of this Act and thereafter from time to time, the Government may, by notification in the Official Gazette, declare any place of public work or use in the Delhi to be no-smoking place for the purpose of this Act.

(1) The Government may, by notification to 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 (45 of 1860).

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

Without prejudice to the provisions of the Motor Vehicles Act, 1988 (59 of 1988) no person shall smoke in a public service vehicle.

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.

No person shall sell cigarettes, beedis or any other such smoking substance to any one who is below the age of eighteen years.

No person shall himself or by any person on this behalf, store, sell or distribute cigarettes or beedis or any other such smoking substance within an area of one hundred metre around any college, school or educational institution.

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 general public prominently stating that the place is a “No Smoking Zone” and that “Smoking is an Offence”.

(i) section 5, 6 or 10 shall be punishable with fine which may extend to Rs. 100 and in case of second or subsequent offence, shall be punishable with a minimum fine of Rs. 200, but which may extend to Rs. 500; (ii) section 7, 8 or 9 shall be punishable with fine which may extend to Rs. 500 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, but which may extend to Rs. 1000, or with both.

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.

(1) No court other than the court of a Metropolitan 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 of an authorised officer with respect to offence under sections 5, 6 and 10 and on a report in writing of a police officer not below the rank of sub-inspector with respect to the offences under sections 7, 8 and 9.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) offences under sections 7, 8 and 9 shall be cognizable and bailable.

All offences under this Act shall be tried summarily in the manner provided under the Code of Criminal Procedure, 1973 (1974 of 2).

The power exercisable by the Government 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.

(1) The Government may make rule to provide for or regulate any matter in respect of this Act on which no provision or makes insufficient provision and provision is in its opinion necessary. (2) Any rules made by the Government shall be subject to previous publication thereof in the official Gazette. (3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly and the House agrees in making any modification in the rule or the House 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.