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Start Free TrialKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Preamble 1
Title: Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001
State: Karnataka
Year: 2001
Preamble 1 - KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF NON-SMOKERS ACT, 2001 THE KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF NON-SMOKERS ACT, 2001 [Act, No. 2 of 2003]1 [28th February, 2003] PREAMBLE An Act to provide for prohibition of smoking in places of public work or use and in public service vehicles and for the protection of health of non-smokers in the State of Karnataka and to make provision for matters connected therewith or incidental thereto. Be it enacted by the Karnataka State Legislature in the fifty second year of the Republic of India as follows:- ________________________________ 1. First published in the Karnataka Gazette Extra-ordinary on the 10th day of March 2003.
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Complete Act
Title: Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001
State: Karnataka
Year: 2001
Preamble 1 - KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF NON-SMOKERS ACT, 2001 Section 1 - Short title and commencement Section 2 - Definitions Section 3 - Prohibition of smoking, advertisement, sale and storage of smoking substances Section 4 - Notice to be displayed Section 5 - Penalties Section 6 - Authorised Officer Section 7 - Removal of a person from the Place of an offence Section 8 - Court Competent to try offences under this Act and take cognizance of offences Section 9 - Certain offences to be cognizable and Bailable Section 10 - Offences under the Act to be tried summarily Section 11 - Offences by Companies Section 12 - Delegation of Powers Section 13 - Compounding of offences Section 14 - Repeal and savings Section 15 - Power to make rules
List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 1
Title: Short Title and Commencement
State: Karnataka
Year: 2001
(1) This Act may be called the Karnataka Prohibition of Smoking and Protection of Health of Non-Smokers Act, 2001. (2) It shall come into force from such date, as the State Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 14
Title: Repeal and Savings
State: Karnataka
Year: 2001
(1) The Karnataka Prohibition of Smoking in Show houses and Public halls Act, 1963 (Karnataka Act 30 of 1963) is hereby repealed and in clause (y) of sub-section (1) of section 92 of the Karnataka Police Act, 1964 (Karnataka Act 4 of 1964) the words "smokes or" shall be omitted: Provided that the provisions of section 6 of the Karnataka General Clauses Act, 1899 shall be applicable in respect of the repeal of the said enactment and the provisions of the said law and sections 8 and 24 of the said Act shall be applicable as if the said enactment and provisions had been repealed and re-enacted by this Act.
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 2
Title: Definitions
State: Karnataka
Year: 2001
In this Act, unless the context otherwise requires,- (a) "advertisement" means and includes any notice, circular, wall paper, pamphlet, display on hoardings, or any visible representation made by means of any light, sound, smoke, gas or any other means which has the effect of promoting smoking and the expression 'advertise' shall be construed accordingly; (b) "Authorised Officer" means an officer appointed under section 6; (c) "Place of public work or use" means a place which is visited by general public and includes Auditorium, Hospital Buildings, Health Institutions, Amusement centres, Restaurants, Public Offices, Court Buildings, Educational Institutions, Libraries, Places of worship and such other places notified by the State Government to be a Place of Public Work or use but does not include any open place; (d) "Public Service Vehicle" means a vehicle as defined under clause (35) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988); (e) "smoking" means smoking of tobacco in any form, whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instrument.
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 3
Title: Prohibition of Smoking, Advertisement, Sale and Storage of Smoking Substances
State: Karnataka
Year: 2001
No person shall,- (1) engage in smoking in any place of public work or use, where smoking is prohibited and such prohibition is displayed or conveyed through any audio or visual medium, or in any Public Service Vehicle. (2) notwithstanding anything contrary contained in any other law advertise in any place of Public Work or use or in any Public Service Vehicle to promote smoking or the sale of cigarettes and beedies: Provided that this clause shall not apply in relation to,- (a) an advertisement of cigarettes or beedies in or on a package containing cigarettes or beedies; (b) advertisement of cigarettes or beedies which is displayed at the entrance or inside a warehouse or a shop where cigarettes or beedies are offered for distribution or sale. (3) sell cigarettes, beedis or any other smoking substance to any person who is below the age of eighteen years; (4) himself or by any person on his behalf, store, sell or distribute cigarettes or beedis or any other smoking substance within the premises of any Hospital, Health Institution, Public Office, Court, Library, College, School or other Educational Institution and Place of worship.
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 4
Title: Notice to Be Displayed
State: Karnataka
Year: 2001
For the purpose of clause (1) of section 3, the owner or manager or person incharge of a place of public work or use shall display or convey through audio or visual medium in Kannada and English languages at a conspicuous place or places in the premises of place of public work or use prominently stating that the entire place or such part of it is a "No smoking Zone" and that "Smoking is prohibited in such place or, as the case may be, part of it."
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 5
Title: Penalties
State: Karnataka
Year: 2001
Any person, who contravenes the provisions of: - (1) clause (1) of section 3 or of section 4 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; (2) clauses (2),(3),(4) of section 3 shall be punishable with fine which may extend to five hundred rupees and in case of second or subsequent offence, shall be punishable with imprisonment for a term which may extend to three months, and with a minimum fine of five hundred rupees, but which may extend to one thousand rupees.
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 6
Title: Authorised Officer
State: Karnataka
Year: 2001
(1) The State Government may by notification appoint one or more persons in respect of any area or areas to be authorised officers for the purpose of this Act. (2) Every authorised officer appointed under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 7
Title: Removal of a Person from the Place of an Offence
State: Karnataka
Year: 2001
Any person who contravenes the provisions of section 3 and who is being asked by an authorised officer or a Police Officer not below the rank of a Sub-Inspector of Police to desist from smoking persists, shall be liable to be removed from the place of the offence. A person removed from the show house, auditoria, amusement centre or a Public Service Vehicle shall not be entitled to refund of any payment made by him for journey or for admission to the demonstration, exhibition, assembly or meeting or to any other compensation.
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