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Karnataka 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

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Karnataka 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.

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Karnataka 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.

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Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 15

Title: Power to Make Rules

State: Karnataka

Year: 2001

(1) The State Government may by notification and after previous publication make rules generally for the purpose of carrying into effect the provisions of this Act. (2) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of 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 successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the Government in the Official Gazette have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done under such rule.

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Karnataka 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.

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Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 13

Title: Compounding of Offences

State: Karnataka

Year: 2001

(1) The State Government or any person authorised by the State Government in this behalf by general or special order, may either before or after the institution of the proceedings compound any of the offences made punishable under this Act. (2) When an offence is compounded under sub-section (1), the offender if in custody shall be discharged and no further proceeding shall be taken against him in respect of the offence compounded.

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Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 12

Title: Delegation of Powers

State: Karnataka

Year: 2001

The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act, may also be exercised by such officer as may be mentioned therein and subject to such conditions, if any, as may be specified therein.

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Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 11

Title: Offences by Companies

State: Karnataka

Year: 2001

.....liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section(1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordingly. Explanation.--For the purposes of this section,- (a) "Company" means a body corporate and includes a firm or other association of individuals; and (b) "Director", in relation to a firm, means a partner in the firm.

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Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 10

Title: Offences Under the Act to Be Tried Summarily

State: Karnataka

Year: 2001

All offences under this Act shall be tried summarily in the manner provided for summary trial of cases under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

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Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Section 8

Title: Court Competent to Try Offences Under This Act and Take Cognizance of Offences

State: Karnataka

Year: 2001

(1) No court other than the court of a Metropolitan Magistrate or Judicial Magistrate First-Class shall take cognizance of and try an offence under this Act. (2) No court shall take cognizance of any offence under this Act except on a complaint in writing of an authorized officer with respect to offences under clause (1) of section 3 or section 4 and on a report in writing of a Police Officer, not below the rank of Sub-Inspector of Police, with respect to offences under clauses (2), (3) and (4) of section 3.

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