(1) The State Government may, by notification in the Official Gazette, authorise one or more persons, who shall be competent to act as authorised officer or officers 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.
59 of 1988.
45 of 1860.
312 The West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-smokers and Minors Act, 2001.
XXXV of 2001.]
(Sections 5-11)
5. No person shall smoke or spit in any place of public work or use. Prohibition of smoking and spitting in places of public work or use.
6. No person shall smoke or spit while travelling in, or using, a public Prohibition service vehicle.
of smoking and spitting in public service vehicles.
7. Notwithstanding anything contained in any other law for the time Prohibition of being in force, no person shall advertise or cause to advertise, in any place advertise- of public work or use and in any public service vehicle, any material which ment of may directly or indirectly promote smoking or chewing of tobacco or any smoking and product or products containing tobacco even if classified by any other chewing.
name.
8. No person shall sell cigarettes, beedies, chewing tobacco, gul Prohibition (tobacco powder), gudakhu (tobacco paste), including tobacco based of sale of tones, tooth paste, supariwith tobacco, pan masala, zarda, snuff, ci ghutka, khaini etc. to or any such other smoking or chewing substance or substances containing minors.
nicotine and/or tobacco to any person who is below the age of eighteen years.
9. No person shall, by himself or by any person on his behalf, store, sell or distribute cigarettes, beedies, chewing tobacco, gul (tobacco powder), gudakhu (tobacco paste), supari with tobacco, pan masala, zarda, snuff, ghutka, khaini or any such other smoking substance or substances containing tobacco within an area of 10 metres around educational institutions.
10. 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 the general public prominently stating that the place is a "No Smoking" and "No Smoking Zone" and that "Smoking and Spitting in place of public work or use is an Offence".
11. Any person, who contravenes the provisions of,—
(1) sections 5, 6, 9 or 10, shall be punishable with fine which may extend to one thousand rupees and in case of second or subsequent conviction, shall be punishable with fine which shall not be less than two thousand rupees, but which may extend to five thousand rupees;
Prohibition of storage, sale and distribution of cigarettes, etc.
Display and exhibition of board.
Penalty.
313 Power to arrest without warrant.
Court competent to take cognizance and try offences.
The West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-smokers and Minors Act, 2001.
[West Ben. Act (Sections 12-17.)
(2) section 7 or 8, shall be punishable with fine which may extend to one thousand rupees and in case of second or subsequent conviction, shall be punishable with imprisonment which may extend to three months, or with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees, or with both.