Manual of Goa Laws (Vol. III) – 911 – Prohibition of Smoking and Spitting Act

(1) This Act may be called the Goa Prohibition of Smoking and Spitting Act, 1997. (2) It extends to the whole of the State of Goa. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,— (a) “advertisement” means and includes any notice, circular, wall paper, pamphlets, display on hoardings or any visible representation made by means of any light, sound, smoke, gas, writing instruments, stickers, symbol, colours, logo, trade mark/symbol, display on articles like T-shirts, shoes, sportswear, sport gears, caps, carry bags, telephone booths, 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; (b) “authorised officer” means a person authorised under section 4 of this Act; (c) “chewing” means chewing of tobacco, gul (tobacco), use of tobacco paste, supari with tobacco, pan masala, zarda, ghutka and the like; (d) “Goa” means the State of Goa; (e) “Official Gazette” means the Goa Government Gazette; (f) “place of public work or use” means a place declared as such under section 3 of this Act, and includes auditoria, cinema/conference/seminar halls, hospital buildings, health institutions, amusement centres, restaurants, eating houses, hotel lounges, other waiting lounges, public offices, court buildings, educational institutions, libraries, bus stations/stands, ferry boats, places of worship, beaches, sports stadia and the like which are visited by the general public but does not include other open places; (g) “public service vehicle” means a vehicle as defined under clause (35) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988); (h) “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 instruments; (i) “spitting” means voluntary ejection of saliva from the mouth after chewing or without chewing and ejection of mucus from the nose after inhaling snuff or without inhaling.

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 to be a place of public work or use in Goa for the purposes of this Act.

(1) The Government may, by notification in 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 or spit in any place of public work or use.

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

Notwithstanding anything contained in any other law for the time being in force, no person shall advertise or cause to advertise in any place and on any public service vehicle any material which may directly or indirectly promote smoking or chewing of tobacco or any tobacco product or products containing tobacco even if classified by any other name.

No person shall sell cigarettes, beedies, chewing tobacco, gul (tobacco), tobacco paste, including tobacco based tooth paste, supari with tobacco, pan masala, zarda, snuff, ghutka or any other such smoking and/or chewing substance containing nicotine and/or tobacco to any person who is below the age of twenty one years.

No person shall himself or by any person on his behalf, store, sell or distribute cigarettes, beedies, chewing tobacco, gul (tobacco), tobacco paste, supari with tobacco, pan-masala, zarda, snuff, ghutka or any other such smoking substance or substances containing tobacco within an area of 100 metres around place of worship or any college, school or other educational institutions. Provided that the Government may, by notification in the Official Gazette, specify the tobacco products and words/localities within the limits of municipal councils, for which, the aforesaid prohibition shall not apply.

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 Spitting Zone” and that "Smoking/Spitting is an Offence”.

(1) Sections 5, 6, 9 or 10 shall be punishable with fine which may extend to Rs. 1,000 and in case of second or subsequent offence, shall be punishable with a minimum fine of Rs. 2,000, but which may extend to Rs. 5,000. (2) Sections 7 and 8 shall be punishable with fine which may extend to Rs. 1,000 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. 5,000 which may extend to Rs. 10,000, or with both.

Any authorised officer or any police officer, not below the rank of a sub-inspector, may eject any person who contravenes any provisions of this Act, from the place of public work or use, and any driver/conductor of a public service vehicle may eject any person who contravenes any provisions of this Act in the public service vehicles, from the public service vehicle.

(1) No court other than the Court of a Judicial Magistrate First Class shall take cognizance of, and try an offence under this Act. (2) No court shall take cognizance of any offence except on a complaint in writing of an authorised officer or an authorised representative of a recognised non-Government organisation devoted to the cause of controlling tobacco use/spitting with respect to offences under sections 5, 6 and 9 and on a report in writing of a police officer not below the rank of sub-inspector, or an authorised representative of a recognised non-Government organisation devoted to the cause of controlling tobacco use/spitting with respect to the offences under sections 7, 8, 9 and 10.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), offences under sections 5, 6, 7, 8, and 9 of this Act shall be cognizable and bailable.

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

The Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, may also be exercised by such officer and subject to such conditions, if any, as may be specified therein.

(1) The Government may, by notification in the Official Gazette, empower the 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 not less than Rs. 100 which may extend upto Rs. 500 by way of composition for the offence which such person is suspected to have committed. (2) On payment of such sum to such Officer, the offender if in custody, shall be released and no further proceedings shall be taken against such offender.

With the issue of Notification of the Goa Prohibition of Smoking and Spitting Act, 1997 with effect from 2nd October, 1999, it has become necessary to take measures for the effective implementation of the Act. As there are a number of issues that have to be considered relating to the administrative, educational, communication and motivational aspects of its implementation, it has been decided that a period of 3 months would be treated as the implementation phase within which no legal action shall be resorted to under the penal provisions of the Act upto 31-12-1999. 2. In order to finalise the implementation arrangements, a High Power Committee is hereby constituted with immediate effect consisting of the following: 1. Chief Secretary, Goa — Chairman. 2. Environment Secretary — Member. 3. Health Secretary — Member. 4. Dr. Sharad G. Vaidya — Chairman, NOTE INDIA. 5. Director of Health Services — Member. 6. Director Environment — Member. 7. Smt. Victoria Fernandes, M.L.A. — Member. 8. Leader of Opposition — Member. 9. Shri Isidore Fernandes, M.L.A. — Member. 10. Dr. B. S. Sonde, Vice-Chancellor, Goa University — Member. 11. Mr. Subhash Velingkar, Vice-President, All Goa School Complexes — Member. 12. Dr. Sekhar Salkar, Caner Surgeon — Member. 13. President, Chamber of Commence — Member. 14. Dr. Pramod Salgaonkar, Chairperson, Women Commission — Member. 15. Director of Information and Publicity — Member Secretary. 3. The Committee shall examine all the aspects required to ensure the effective implementation of the Act. This includes media campaign, preventive aspects, policing aspects, notification of public places, educational, health, motivational and awareness creation. The Committee shall recommend to the Government the administrative arrangements required to ensure that the Act can be effectively and fully implemented by 1st January, 2000.

In exercise of the powers conferred by sub-section (3) of section 1 of the Goa Prohibition of Smoking and Spitting Act, 1997 (Goa Act 5 of 1999) (hereinafter called the “said Act”), the Government of Goa hereby appoints the 2nd October, 1999, as the date on which the provisions of the said Act shall come into force.

In exercise of the powers conferred by section 3 of the Goa Prohibition of Smoking and Spitting Act, 1997 (Goa Act 5 of 1999) (hereinafter referred to as the “said Act”), the Government of Goa hereby declares the following places as places of public work or use in Goa for the purposes of the said Act. (a) Auditoria; (b) Cinema/Conference/Seminar halls; (c) Hospital buildings; (d) Health institutions; (e) Court buildings; (f) Educational institutions; (g) Libraries; (h) Places of worship; (i) Airports, except in designated areas; (j) Buses; (k) Waiting rooms at railway stations; (l) Restaurants, except in designated areas; (m) Eating house/lounges in hotels, except in designated areas; (n) Public offices where the general public have free access. This Notification shall come into force with effect from 26th Janaury, 2000.

In exercise of the powers conferred by sub-section (1) of section 4 of the Goa Prohibition of Smoking and spitting Act, 1997 (Goa Act 5 of 1999) (hereinafter referred to as the “said Act”) the Government of Goa, hereby authorizes the Collectors, Deputy Collectors and Mamlatdars to act under the said Act, with immediate effect. Further, in exercise of the powers conferred by section 17 of the said Act, the Government of Goa hereby empowers the above cited officers and also police officer, not below the rank of sub-inspector to compound any offence committed under the said Act, with immediate effect.

In exercise of the powers conferred by sub-section (1) of section 4 of the Goa Prohibition of Smoking and Spitting Act, 1997 (Goa Act 5 of 1999) (hereinafter referred to as the “said Act”), the Government of Goa, hereby authorizes the Joint Mamalatdars in the State of Goa, to act under the said Act, with immediate effect. Further, in exercise of the powers conferred by section 17 of the said Act, the Government of Goa hereby empowers the Joint Mamlatdars to compound any offence committed under the said Act, with immediate effect.

In exercise of the powers conferred by Section 3 of the Goa Prohibition of Smoking and Spitting Act, 1997 (Goa Act 5 of 1999) (hereinafter called the “said Act”), the Government of Goa hereby also declares the following places as places of public work or use in Goa for the purposes of the said Act. (a) Railway platforms (b) Sports stadia (c) Ferry boats (d) Amusement centres (e) Bus stations/stands (f) Beaches (g) Other waiting lounges This Notification shall come into force from the date of its publication in the Official Gazette.