Meghalaya Prohibition of Smoking and Non-smokers health Protection Act, 1998
No: 6 Dated: Jul, 13 1998
THE MEGHALAYA PROHIBITION OF SMOKING AND NON-SMOKERS HEALTH PROTECTION ACT, 1998
ACT NO. 6 OF 1998
An Act to provide for prohibiting of Smoking in places of public work or use and in public services vehicles in the state of Meghalaya and to make provision for other matters connected therewith. Be it enacted by the Legislature of the State of Meghalaya Forty-ninth year of the Republic of India as follows:-
1. Short title and commencement:- (1) This Act may be called the Meghalaya Prohibition of Smoking and Non-smokers health Protection Act, 1998
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force on such date as the State Government may, by a notification in the Official Gazette appoint.
2. Definitions:- In this Act, unless the context otherwise require-
(a) “advertisement” means and includes any notice, circular, wall paper, pamphlet, display on boarding 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 expression ‘advertise’ shall be construed accordingly;
(b) “authorised Officer” means a person authorised under section 4;
(c) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(d) “place of public work or use” means a place declared as such under section 3 and includes auditoria, hospital buildings, health institutions, cinema halls and amusement centres, restaurant, public offices court buildings, educational institutions, libraries and the like which are visited by general public but does not include any open place;
(e) “public services vehicles” mean a vehicle as defined under clause (35) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988);
(f) “smoking” means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of pipe, wrapper or any other instruments; and
(g) “State Government” means the Government of the State of Meghalaya.
3. Declaration of non-smoking places of public work or use:- As soon as may be after the commencement of this Act and thereafter from time to time, the State Government may, by notification in the Official Gazette, declare any place of public work or use in Meghalaya to be a non smoking place for the purpose of this Act.
4. Power of Government to authorise officers to Act under this Act:- (1) The State 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 authorise under sub-section (1) shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860)