The Jharkhand Prohibition of Smoking and Non-Smokers Health Protection Act, 2002

1. (i) This Act may be called the Jharkhand Prohibition of Smoking and Non-Smokers Health Protection Act, 2002.
2. (ii) It extends to the whole of the State of Jharkhand.
3. (iii) 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:-

1. (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;
2. (b) 'authorized officer' means a person authorized under section 4;
3. (c) "State" means the State of Jharkhand.
4. (d) 'Government' means the Government of Jharkhand.
5. (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;
6. (f) "public service vehicle" means a vehicle as defined under clause

1. (35) of section-2 of Motor Vehicle Act, 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 of public work or use in the State to be a non-smoking place for the purpose of this Act.

(i) The Government may, by notification in the official Gazette, authorize one or more persons who shall be competent to act under this Act. (ii) Every person authorized under sub-section (1) shall be deemed to be a "public servant" within the meaning of section 21 of the Indian Penal Code, 1860.

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

Without prejudice to the provisions of the Motor Vehicles Act, 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 other smoking substance within the place of public work or use.

The owner or manager or in-charge 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 offences"

1. (i) sections, 5, 6 or 9 shall be punishable with fine which may extend to one hundred rupees and in case of second or subsequent offences, shall be punishable with a minimum fine of two hundred rupees, but which may extend to five hundred rupees;
2. (ii) Sections 7 or 8 shall be punishable with fine which may extend to five hundred rupees and in case of second or subsequent offences, shall be punishable with imprisonment which may extend to three months or with a minimum fine of five hundred rupees, but which may extend to one thousand rupees or with both.

Any authorized officer, or any Executive Magistrate or any police officers, not below the rank of sub-Inspector, may eject any person from the place of public work or use who contravenes the provision of this Act.

1. (i) Notwithstanding anything to the contrary contained in the Criminal Procedure Code, 1973 no court other than the court of a Executive Magistrate shall take cognizance of any try an offence under this Act.
2. (ii) No court shall take cognizance of any offence this Act except on a complaint in writing or an authorized officer 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, with respect to the offences under sections 7 & 8.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 offences under section 7 & 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

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 authorized by it by general or special order in this behalf, may either before or after the institution of the proceeding, compound any offences made punishable by or under this Act.