(1) This Act may be called theWest Bengal Prohibition of Smoking Short title, and Spitting and Protection of Health of Non-smokers and Minors Act, extent and commence-
2001. ment.
(2) It extends to the whole of West Bengal.
(3) It shall come into 2force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(1) "advertisement" means and includes any notice, circular, wall-paper, pamphlets, display on hoardings, telephone booths or any visible representation made by means of any light, sound, smoke, gas, writing instruments, stickers, symbol, Definitions.
For proceedings of the West Bengal Legislative Assembly, see the proceedings of the meeting of that Assembly held on the 12th December, 2001.
2 This Act came into force w.e.f. 1. 5. 2003 vide Health & Family Welfare Department Notification No. HF/O/PHP/211/0-1/2002, dt. 26. 3.2003, published in the Kolkata Gazette, Extraordinary, Part 1, dt. 4.4.2003.
311 The West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-smokers and Minors Act, 2001.
[West Ben. Act Declaration of places of public work or use.
Power of State Government to appoint person or persons to act as authorised officer or officers.
(Sections 3,4.)
colours, logo, trade mark, display on articles like T-shirts, shoes, sportswear, sportgears, caps, carry bags, 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;
(2) "authorised officer" means any person authorised under section 4 of this Act;
(3) "chewing" means chewing of tobacco, gul(tobacco powder), khaini, use of gudakhu (tobacco paste), supari with tobacco, pan masala, zarda, ghutka, and the like;
(4) "notification" means a notification published in the Official Gazette;
(5) "place of public work or use" means public places namely auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices and public conveyances including Railways;
(6) "public service vehicle" means a vehicle as defined under clause (35) of section 2 of the Motor Vehicles Act, 1988;
(7) "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 instrument;
(8) "spitting" means voluntary ejection of saliva from the mouth after or without chewing and ejection of mucus from the nose with or without inhaling snuff;
(9) "State Government" means the Government of the State of West Bengal.
3. After the commencement of this Act, the State Government may, by notification in the Official Gazette, declare from time to time, any place to be a place of public work or use in West Bengal, for the purposes of this Act.