The Assam Prohibition of Smoking and Non-Smokers' Health Protection Act, 1999
wit/ m **Registered No.768/97**

# THE ASSAM GAZETTE

### "sPTWH'f

## EXTRAORDINARY

4 ^ 4 M4T W lR ts

### PUBLISHED BY AUTHORITY

 72-E ^4^4, 1 ^ 4 , 1999, 11 C ^ , 1921 (W )

No. 72 Dispur, Thursday, 1st June, 1999, 11th Jyaistha, 1921 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY TOE GOVERNOR

LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH

NOTIFICATION

                                      - Th [e] l [s t] l [u n e]                                      - 1^99

No. LG L. 4 2/93/5 2.-T he following Ac t o f th e Assam Legislative Assem bly

which rece ived the atssent of the Go vernor is hereby publish ed for general
information.

ASSAM ACT NO. XVII OF 1999

(Received the ament of the Governor on 29th May 1999)

##### THE ASSAM PROHIBITION OF SMOKING AND NON-SMOKERS' HEALTH PROTECTION ACT, 1999.
 AN

ACT

##### to provide for prohibiting of smoking in places of public works or use and in public service vehicles in the State of Assam and to make provision for other matters connected therewith.

 It is hereby enacted in the Fiftieth Year of the Republic of
 India, as follows :-

 extent and'’ 1- (1) This Act may be called the Assam Prohibition of
### commence- Smoking and Non-Smokers' Health Protection Act, 1999.

**m e n t.**


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##### THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 1, 1999 553

(2) It extends to the whole of the State of Assam.

(3) It shall come into force on such date as the Government

may, by Notification in the Official Gazette, ap po int:

Provided 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.

Dcfini- 2. In this Act, unless the context otherwise require,

(a) "advertisement" means and includes any notice,

circular, wall paper, pamphlet, display on hoarding, or
any visible representation made by means o f any other
means of any light, sound, smoke, gas or any other
means which has the affect of promoting smoking and
the ex pre ss io n 'adv er tise ' sh all be co ns true d
accordingly;
(b) "authorised officer" means a person autho rised
under section 4 ;
(c) "Assam" means the State of Assam ;
(d) "Government" means the Governm ent of Assam ;
(e) "place of public wo rk or use" means a place

declared as such under sec tion 3 and includ es
auditoria, hospital buildings, health institution s,
am usem ent cen tres, theatres, restauran ts, public
offices, court buildings, educational institu tions,
libraries and the like which are visited by general
public but does not include any open place ;

(f) "Official Gazette" means the Assam Gazettes.

(g) "public service vehicle" means a vehicle **Act No.** **_59_**

as defin ed under clause (35) of **of** **1988.**

section 2 of the Motor Vehicles Act,

1988 ;

(h) "rule" means the rule made under this A ct;

##### (i) "Smoking" means smoking of tcbacoo in any form

whether in the form of cigarette, cigar, beedis or
otherw ise with the aid of a pipe, wrapper or any
other instruments.

##### Declaration 3. As soon as may be after the commencement of this Act and
smoking thereafte r from tim e to time, the Go vernme nt may, by

**pla ces** **of** notifica tion in the official Gazette, declare any place of

public work public work or use in Assam to be non-smoking place for

o r u s e ' the purpose of this Act.


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##### 554 THE ASSAM GAZETTE. EXTRAORDINARY. JUNE 1.1999

**Power of** 4. (I) The Government may, by notification in the Official
**Gov er nm en t** Gazette, authorise one or more persons who shall be
**to authorise**
**offic ers** **to** competent to act under this Act.

**act under**
**this Act.**

##### (2) Every person authorised under sub-section Act No. 45
 (i) shall be deemed to be a public servant of i8 60,
 within the meaning of section 21 of the Indian Penal Code, 1860.

**P rohib it io n** 5. No person shall smoke in any place of public work or use.
**of sm oking**
**in places of**
**public work**
**or use.**

**P roh ib it io n**

##### 6. Without prejudice to the provisions of the Motor Act No. 49

**of sm oking**
**in public** Vehicles Act 1988, no person shall smoke in a [of ] 1 988-
**sev ice** public service vehicle.
**v eh ic le**

**P roh ib it io n** 7. Notwithstanding anything contained in any other law for the
**of adver­**
**tisem ent** **of** time being in force, no person shall advertise in any place

**cig arett es** of public work or use and any public service vehicle
**etc.** which may promote smoking, or the sale of cigarettes and

##### beedis etc.

**P roh ib it io n** 8. No person shall sell cigarettes, beedis or any other such
**of sale of**
**cig arett es** smoking substance to any who is below the age of
**etc. to** eighteen years.
**m in ors.**

**P rohib it io nof sto rage,** 9. No person shall himself or by any person in his behalf,
**sale and dis­** store, sell or distribute cigarettes or beedis or any other
**tribution of**
**cig arett es** such smoking substance within an area of one hundred
**etc. in the** metre around any college, school or educational
**vicinity** **of**

**ed uca tional** institution.
**in stit u tio n s.**

**Display** 10. The owner or manager or incharge of affairs of every place
**and**
**E xh ib it io n** of public work or use and any public service vehicle shall
**of Board.** 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 place is a "No Smoking Zone" and that "Smoking is an offence".

**P en a lt ie s,** **j j Any person, who contravences the provisions of -**


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THE ASSAM GAZETTE . EXTRA ORDINARY. JUNE 1. 1999 555

(i) section 5, 6 or 10 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, which
may extend to five hundred rupees ;

(ii) section 7, 8 or 9 shall be punishable with fine which

may extend to five hundred rupees and in case of
second or subsequent offence, shall be punishab le
with im prisonment which may extend to three m onths
or with a minimum fine of five hundred rupees, which
may extend to one thousand rupees, or with both.

**Ejection of** 12. Any person or offic er autho rised in this behalf under
**vio la to rs**
**of this** **Act** section 4 or any police officer, not below the rank of

**from the** Sub-Inspector, may eject any person from the place of public
**place of**
**public work** work or use who contravenes the provisions o f this Act.
**or use.**

**Court com­** 13. (1) No court, other than the court of a Judicial Magistrate,
**petent to** shall take con gnizance of and an offence under this
**try offences**
**under this** Act.
**Act and to**
**take cong-** (2) No court shall take congnizance or any offence under
**nizance of**
**off ence.** this Ac t except on a complain t in writing of an

authorise d offic er with respect to offen ce under
section 5, 6 and 10 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 and 9.

**Certain**

14. No twithsta nding anyth ing contained in the **Act No. 2**

**offences** **to**

**be congniz­** Code of Crim inal Procedure, 1973 offences of **1974.**
**able and** under sections 7, 8 and 9 shall be congnizable
**bailable .**

and bailable.

**Offen ces**

15. All offences under this Act shall be tried **Act No. 2**

**under the**
**Act to be** summarily in the man ne r prov ided for of **1974.**
**tried sum­** summ ary trial under the Code of Criminal
**m ar ily .**

Procedure, 1973.

**Power to**

16. Th e Governm ent may by notifica tion in the Official

**deleg ate .**

Gazette, direct that any power excercisable 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.


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556 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 1 1999

**C om poun-** **(7** The G overnment or any person authorised by it by general

**ding of**
**o ffe n c e s.** or special order in this behalf, may, either before or after

the institution of the proceedings, compound any offences
made punishable by or under this Act.

**Power to** **18.** (1) The Go vernment may make rule to provid e for or

**m ak e** regulate any matter in respect of which this Act makes
**ru le s.** no pro visio n or makes insufficient provision and

provision is, in its opinion, necessary.

(2) Any rule made by the Government shall be subject to

previous publication thereof in the Official Gazette.

(3) Every rule made by the Governm ent under this Act

shall be laid, as soon as may be, after it is made,
before the Assam Legislative Assembly w hile it is in
session for a total period of thirty days which m ay be
co mprised in one session or more successive
sessions. The State Legislature may agree tha t there
should be mo dification in the rule or that the rule
should not be made. In tha t case the rules shall have
effect only in such modified form or be of no effect,
as the case may be. Any such modificatio n or
annulment shall, however, be without prejudice to the
validity of anything previously done under that rules.

**Repeal and** **19** (1) The Assam Prohibition of Sm oking In **Assam Ac t**

Passe nger Vehicles Act, 1954, and the ^f°-
Assam Prohibition of Smoking In Show
Hou ses Act, 1951 resp ec tiv ely, are
hereby repealed. an d

(2) Notwithsta nding such repeals anyth ing ^o ^tx [A c t]

done or any action taken under the Acts **of** **1951**

so repealed shall be deemed to have been res pec-

done or taken under the correspo nding **t I v e , y-**

provisions o f this Act.

M. K. DEKA,

Secretary to the Govt, of Assam,

Legislative Department.

GUWAHATI-Printed & published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam,

Guwahati-21 (Ex-Gazette) No. 143-500-600-1-6-1999


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