Tamil Nadu Prohibition of Smoking and Spitting Act, 2002
No: 4 Dated: Feb, 28 2003
THE TAMIL NADU PROHIBITION OF SMOKING AND SPITTING ACT, 2002
ACT No.4 of 2003
An Act to provide for prohibition of smoking and Spitting in the place of Public Work or use and in Public Service Vehicle in the State of Tamil Nadu and for matters connected therewith.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fiftythird Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Prohibition of Smoking and Spitting Act, 2002.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date, as the Government may, by notification, appoint:
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 reference to the coming into force of that provision.
2. Definitions. - 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 direct or indirect effect of promoting smoking or tobacco chewing and the expression 'advertise' shall be construed accordingly;
(b) "authorised officer" means a person authorised under section 10;
(c) "Government" means the State Government;
(d) "Place of public work or use" means any place declared as such under section 3 and includes auditoria, hospital buildings, health institutions, cinema, seminar or conference halls, amusement centres, restaurants, eating houses, commercial establishments, public officers, court buildings, educational institutions, parks, libraries, sports complexes, bus stations, bus stops, beaches, bazaars, all the Government offices including local bodies, statutory bodies, co-operative institutions and religious places and the like which are visited by general public: but does not include any open place;
(e) " 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);
(f) " religious place" means a temple, church, mosque, mutt or a place by whatever designation known, used as a place of public religious worship;
(g)"smoking" means smoking of tobacco in the form of cigarette, cigar, beedi or otherwise with the aid of pipe, wrapper or any other instrument;
(h) "spitting" means voluntary ejection of saliva from the mouth after chewing tobacco, pan-masala, gutka, betal leaf with arecanut in any form or any tobacco product or products containing tobacco or ejection of mucus from the nose after inhaling snuff.
3. Declaration of places of public work or use. - The Government may by notification, declare any place of public work or use in the State of Tamil Nadu to be a place for the purpose of this Act.
4. Prohibition of smoking and spitting in place of public work or use. - No person shall smoke or spit in any place of public work or use.
5. Prohibition of smoking and spitting in public service vehicle. - Subject to the provisions of the Motor Vehicles Act, 1988 ( Central Act 59 of 1988). No person shall smoke or spit in any public service vehicle.
6. 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 of public work or use and on any public service vehicle any material which may directly or indirectly promote smoking or chewing of tobacco, pan-masala or gutka or any tobacco product or products containing tobacco even if classified as by any other name.
7. Prohibition of storage, sale and distribution of cigarettes, etc. - No person shall himself or by any person on his behalf, store, sell or distribute cigarettes, beedies, cigar, supari with tobacco, Zarda, snuff, or any other smoking or chewing substance or substances containing tobacco within an area of one hundred metres around any college, school or other educational institutions.
8. Display and exhibition of board. - Every person incharge of place of public work or use shall display an exhibit a board at a conspicuous place in or outside the place prominently stating that the place is a " No Smoking and No Spitting place" and that " Smoking or Spitting is an Offence".