The Himachal Pradesh Prohibition of Smoking and Non-smokers Health Protection Act, 1997

(1) Ths Act may be called the Himachai Pradesh Prohibition of Smoking and Non-Smokers Health Protection Act, 1997. (2) It extends to the whole of the Himachal Pradesh. (3) It shall come into force on such date as the Government may, by Notification in the Official Gazette, appoint ; Provided 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 contest otherwise require,- (a) "advertisement" means and includes any notice, circular, wall paper, pamphlet, display on hardings, or any visible representation made by means of any light, sound, smoke, gas or any other means which has the affect on promoting smoking and the expression 'advertise' shall be construed accordingly; (b) "authorised officer" means a person authorised under section 4 ; (c) "State" means the State of Himachal Pradesh ; (d) "Government" means the Government of Himachal Pradesh ; (e) "place of public work or use" means a place declared as such under section 3 and includes auditoria, hospital buildings, health institutions, amusement centres, public offices, court buildings, educational institutions, libraries, but does not include any open place ; (f) "public service vehicle" means a vehicle as defined under clause (35) of section 2 or Motor Vehicles Act, 1988 (53 of 1988) ; and (g) "smoking" means smoking of tobacco in any form whether in the form of cigarette, cigar, beedies or otherwise with the aid of a pipe, wrapper or 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 or public work or use in the State to be a non-smoking place for the purpose 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 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, beedies etc.

No person shall, himself or by any person on his behalf, sell or distribute or store for sale of cigarettes or beedies or any other smoking substances within the place of public work or use.

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'.

Any person, who conbavenes the provisions of- (i) sections 5, 6 or 9 shall be punishable xvjth fine ~vl~icll may cxteild to one hundred mpccs and in case of second or subsequent offcnce, shall be punishable with a minimum fme of two hundred rupees, but wlich may extend to five hundred rupees ; (ii) section 7 or 8 shall be punishablewith h e which may extend lo five hundred n~pees and in case of sewnd or subsequcnl offcnce, shall be punishable wilh imprisonment which may extcnd to three nlon t [is or with a mininluni frnc of fivc hundrcd rupccsl but which may extend to one thousand rupees or with both.

authariscd officcr or any police officer, not b c l o ~ ~ ~ the rank OT Sub-Inspector. may ejcct ally pcrson from tlie place of public work or usc ivtlo cunIr;fi1cnes tlic provjsio~ls ofthis Act.

( I ) No court otller ihan UIC couri oC a Judicial M;~gjs~rate dm11 take cogtiir.ancc or, and try an offe~lce u~idzr this Act. (3) No coi~rt shall takc cogniz~mce 01 any offe~~ce under this Act escept on a coplaint i11 writing of an anul.liorised officer with respect to offences under scctions 5, 6 and 9 and on a rcporl in wiling of a poIicc ofliccr, nnt, bclow thc rank or sub-Inspector, with respcct to the offcnces undcr scctjo~ls 7 and 8.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offences under sections 7 and 8 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 (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 as may be mentioned therein, subject to such conditions, if any, as may be specified therein.

The Government or any person authorised by it by general or special order in this behalf, may either before or after the institution of the proceedings compound any offences made punisable by or under this Act.

(1) The Himachal Pradesh Prohibition of Smoking (Show Houses) Act, 1968 ( 4 of 1969) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.