The Goa
Prohibition of Smoking and Spitting Act, 1999
Following is the recently-approved anti-tobacco bill that Goa has passed,
becoming one of the few states in the country to have such a strict law to fight
tobacco. This is to become law from October 2, the birth anniversary of
M.K.Gandhi. It is reproduced below as its provisions might be of interest
to some looking at this field. Please send your comments to sgvaidya@goa1.dot.net.in,
Dr Sharad Vaidya, who has long lobbied for this law against all odds.
--Frederick Noronha.
Panaji, 27th August, 1999 (Bhadra 5, 1921) SERIES I No.22
OFFICIAL GAZETTE GOVERNMENT
OF GOA
EXTRAORDINARY
No.22
GOVERNMENT OF GOA
Department of Law & Judiciary
Legal Affairs Division
Notification
7-21-97/LA
The Goa Prohibition of Smoking and Spitting Act, 1997 (Goa Act 5 of 1999), which
has been passed by the Legislative Assembly of Goa on 31-7-1997 and assented to
by the President of India on 18-8-1999, is hereby published for general
information of the Public.
P. V. Kadnekar, Joint Secretary (Law)
Panaji, 27th August, 1999
The Goa Prohibition of Smoking and Spitting
Act, 1997 (Goa Act No. 5 of 1999) [18-8-1999]
An Act to provide for prohibiting use of tobacco in any form and
spitting in places of public work or use and in public service vehicles in the
State of Goa and to make provision for other matters connected therewith.
Be it enacted by the Legislative Assembly of the State of Goa in the Forty-eighth
Year of the Republic of India as follows:-
1. Short title, extent and
commencement. ---- (1) This Act may be called the Goa Prohibition of
Smoking and Spitting Bill, 1997
(2) It extends to the whole of the State of Goa.
(3) It shall come into force on such date as the Government may, by notification
in the Official Gazette, appoint.
2. Definitions --- In this Act, unless the context otherwise requires.---
(a)
"advertisement" means and includes any notice, circular, wall
paper, pamphlets, display on hoardings or any visible representation made
by means of any light, sound, smoke, gas, writing instruments,
stickers, symbols, colours, logo, trade mark/ symbol, display on
articles like T-Shirts, shoes, sportswear, sports gears, caps, carrybags,
telephone booths, etc., or any other means which has direct or indirect
effect of promoting smoking and or tobacco chewing and the expression
'advertise' shall be construed accordingly":
(b) " authorised officer" means a person authorised under section 4 of
this Act.
(c) " chewing" means chewing of tobacco, gul (tobacco), use of tobacco paste, supari with tobacco, pan masala, zarda, gutkha and the like;
(d) "Goa" means the
State of Goa;
(e) "Official Gazette" means the Goa Government Gazette."
(f) "place of public work or use" means a place declared as such under
Section-3 of this Act, and includes auditoria, cinema/conference/seminar halls,
hospital buildings, health institutions, amusement centers,
restaurants, eating houses, hotel lounges, other waiting lounges, public offices,
court buildings, educational institutions, libraries, bus stations/stands, ferry
boats, places of worship, beaches sports stadium and
the like which are visited by the general public but does not include other open
places;
(g)" 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);
(h) "smoking" means
smoking of tobacco in any form, whether in the form of cigarette, cigar, beedies
or otherwise with the aid of pipe, wrapper, or any other instruments;
(i) "spitting" means voluntary ejection of saliva from the mouth
after chewing or without chewing and ejection of mucus from the nose after
inhaling snuff or without inhaling ;
3. Declaration of places of public work or use --- As soon as may be after
the commencement of this Act and thereafter from time to time, the Government
may, by notification in the Official Gazette, declare any place
to be a place of public work or use in Goa for the purposes of this Act.
4. Power of Government to authorise officers to act under this Act.---
(1) The Government may,
by notification in the Official Gazette, authorise one or more persons who
shall be competent to act 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, 1860 (45 of
1860).
5. Prohibition of smoking and spitting in places of public work or use.-- No person
shall smoke or spit in any place of public work or use.
6. Prohibition of smoking and spitting in public service vehicles.--- Without
prejudice to the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of
1988), no person shall smoke or spit while travelling in or using
a public service vehicle.
7. Prohibition of advertisement of smoking and chewing.--- Notwithstanding anything
contained in any other law for the time being in force, no person shall
advertise or cause to advertise in any place and on any public service vehicle
any material which may directly or indirectly promote smoking or chewing
of tobacco or any tobacco product or products containing tobacco even
if classified as by any other name.
8. Prohibition of sale of
cigarettes, etc. to minors.--- No person shall sell cigarettes, beedies,
chewing tobacco, gul (tobacco), tobacco paste, including tobacco based
tooth paste, supari with tobacco, pan masala, zarda, snuff, gutkha or any
other such smoking and/or chewing substance containing nicotine and/or tobacco
to any person who is below the age of twenty one years.
9. Prohibition of storage and sale and distribution of cigarettes etc-- No person
shall himself or by any person on his behalf, store, sell or distribute
cigarettes,beedies, chewing tobacco, gul (tobacco) tobacco paste,
supari with tobacco, pan masala, zarda, snuff, gutkha or any other such smoking
substance or substances containing tobacco within an area of 100 metres around
place of worship or any college, school or other educational institutions.
10. Display and exhibition of board.-- The owner or manager or incharge of affairs
of every place or 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 place is a "No Smoking and
No Spitting Zone" and that "Smoking/Spitting 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 offence, shall be punishable with a minimum fine of
two thousand rupees, but which may extend to five thousand rupees.
(2) Sections 7 and 8 shall be punishable with fine which may extend to one thousand
rupees and in case of second or subsequent offence, shall be punishable
with imprisonment which may extend to three months, or with a minimum fine
of five thousand rupees which may extend to ten thousand rupees, or with
both.
12. Power to eject
violators. --- Any authorised officer or any police officer, not below the
rank of a sub-inspector, may eject any person who contravenes any
provisions of this Act, from the place of public work or use, and any
driver/conductor of a public service vehicle may eject any person who
contravenes any provisions of this Act in the public service vehicles, from
the public service vehicle.
13.
Court competent to take cognizance and try offences.--- (1) No court other
than the court of a Judicial Magistrate First Class shall take cognizance
of, and try an offence under this Act.
(2) No court shall take cognizance of any offence except on a
complaint in writing of an authorised officer or an authorised
representative of a recognised non-government organisation devoted
to the cause of controlling tobacco use/spitting with respect to offences under
sections 5, 6, and 9 and on a report in writing of a police officer not
below the rank of sub-inspector, or an authorised representative of a
recognised non-government organisation devoted to the cause of controlling
tobacco use/spitting with respect to the offences under sections 7,8,9
and 10.
14. Certain offences to be cognizable and boilable.--- Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
offences under sections 5,6,7,8 and 9 of this Act shall be
cognizable and bailable.
15. Summary trial of offences ---- All offences under this Act shall be tried
summarily in the manner provided for summary trial under the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974)
16.
Power to delegate.-- The 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 and subject to such conditions, if any, as may be specified
therein.
17.
Composition of offences.--- (1) The Government may, by notification in the
Official Gazette, empower the authorised Officer or a police officer not below
the rank of sub-inspector to compound any offence committed under this Act on
payment of a sum not less than rupees one thousand which may extend upto rupees
five thousand by way of composition for the offence which such person
is suspected to have committed.
(2)
On payment of such sum to such Officer, the offender if in custody, shall
be released and no further proceedings shall be against such offender.
Secretariat
Annexe,
B. S. SUBBANNA
Panaji,
Secretary to the
Dated, 27th August, 1999.
Government of Goa
Law Department (Legal Affairs)
Frederick Noronha fred@goa1.dot.net.in