(1) The State Government may, by notification, make rules for Power to carrying out the provisions of this Act. make rules.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modifications in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
West Ben.
Act LV of
1950.
West Ben.
Act XVI of
1953.
19. With effect from the date of coming into force of this Act, the West Bengal Prohibition of Smoking in Show Houses and Public Halls Act, 1950 and the Prohibition of Smoking in Passenger Vehicles Act, 1953, shall stand repealed:
Provided that the repeal shall not affect—
(a) the previous operation of any law so repealed or anything done or suffered thereunder, or
(b) any penalty, punishment incurred in respect of any offence committed against any law so repealed, or
(c) any investigation, legal proceeding or remedy in respect of penalties, punishment as aforesaid;
and any such legal proceedings or remedy may be instituted, constituted or enforced, or any such punishment, penalty may be imposed, as if this Act has not been passed.
Repeal and savings.
315 The West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-smokers and Minors Act, 2001.
. [West Ben. Act XXXV of 2001.]
Statement of objects and reasons on The West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-smokers and Minors Bill, 2001 (Bill No. 37 of 2001).
STATEMENT OF OBJECTS AND REASONS In pursuance of the judgement passed by the Hon'ble Supreme Court in the case between Murli S. Deora versus Union of India and Others { vide Writ Petition (Civil) No. 316 of 1999} and in order to protect the nonsmoking public from the hazards of passive smoking, it is considered necessary to prohibit smoking or spitting of tobacco (in any form or manner) in places of public work or use and in public service vehicles which are visited by people commonly.
Further to the above, promotion of the use of tobacco through advertisement also needs to be discouraged to protect the health of the citizens, particularly the minors. As such, sale of tobacco (in any form or manner) also needs to be prohibited to persons below the age of 18 years and sale, distribution or storing of such tobacco products within a place of 100 metres around place of worship, or any college, school or other educational institutions also needs to be restricted.
2. The Bill has been prepared with the above objects in view.
KOLKATA, SURJYA KANTA MISHRA, The 7th December, 2001. Member-in-charge.
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