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Section 4

The Sikkim Prohibition of Smoking and Non-Smokers Health Protection Act,1997State Act of Sikkim · Act 12 of 1997

(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.

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

7. 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 cigrettes and beedis etc.

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

Prohibition if storase, 9. No person shall himself or by any person on this behalf, store, sell sale and distribution or distribute cigarettes or beedis or any others such smoking substance within €!lcisurettes, etc. in an area of one hundred metres around any College, School or educational th e j'icini0' educational institution.

institutions, DIsplay and Exhibition if Board.

Penalties.

10. The owner or manager or incharge of affairs of every place of public work or use shall display an 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".

11. Any person who contravenes the provisions of -

(a) section 5, 6 or 9 shall be punishable with fine which may extend to one hundred rupees and in case of second or subsequent offence, shall be punishable with a minimum fine of two hundred rupees, but which may extend to five hundred rupees.

(b) section 7 or 8 shall be punishable with fine which may extend to five hnndred rllnP'P, ~4nrl in r~QP' "f' ","'(,,,tvl nr ""h"",nllO"nt "fl'O"n~~ ~k~ll 1...._ ' ••• 1 --- -- ----- 3 Ejection of violators oj' 12. Any authorised officer or any police officer, not below the rank of subthis Act from the place inspector, may eject any person from the place of public work or use who ~Ip!!hlic wcnl, or use, contravenes the provisions of this Act.

Court COl1We;ent to try offence.: under this Act and [eke coBnicnce ~foffencc.

Certain ~fJcnccs c() be cognizable arId bailable.

Where this provision sits

ActThe Sikkim Prohibition of Smoking and Non-Smokers Health Protection Act,1997
Section4
JurisdictionState of Sikkim
StatusIn force as published by the source

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