4Prohibition of smoking in a public place
No person shall smoke in any public place:
Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made.
STATE AMENDMENT
Gujarat
Insertion of new section 4A is Act 34 of 2003."In the principal Act, after section 4, the following section shall be inserted, namely:--
Prohibition of hookah bar.--"4A."Notwithstanding anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house.
Explanation.-- The term "eating house" shall have the same meaning as assigned to it by clause (5A) of section 2 of the Gujarat Police Act, 1951 (Bom. XXII of 1951).".
[Vide Gujarat Act 27 of 2017, s. 3.]
Maharashtra
Insertion of new section 4A in Act 34 of 2003.--After section 4 of the principal Act, the following section shall be inserted, namely:--
Prohibition of hookab bar.--"4A."Notwithstading anything contained in this Act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house.
Explanation.--The term "eating house" shall have the same meaning as assigned to it in clause (5A) of section 2 of the Maharashtra Police Act (XXII of 1951).".
[Vide Maharashtra Act 60 of 2018, s. 3.]
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- 1 Short title, extent and commencement
- 2 Declaration as to expediency of control by the Union
- 3 Definitions
- 4 Prohibition of smoking in a public place
- 5 Prohibition of advertisement of cigarettes and other tobacco products
- 6 Prohibition on sale of cigarette or other tobacco products to a person below the age of eighteen years and in particular area
- 7 Restrictions on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products
- 8 Manner in which specified warning shall be made
- 9 Language in which the specified warning shall be expressed
- 10 Size of letters and figures
- 11 Testing laboratory for nicotine and tar contents
- 12 Power of entry and search
- 13 Power to seize
- 14 Confiscation of package
- 15 Power to give option to pay costs in lieu of confiscation
- 16 Confiscation not to interfere with other punishments
- 17 Adjudication
- 18 Giving opportunity to the owner of seized packages
- 19 Appeal
- 20 Punishment for failure to give specified warning and nicotine and tar contents
- 21 Punishment for smoking in certain places
- 22 Punishment for advertisement of cigarettes and tobacco products
- 23 Forfeiture of advertisement and advertisement material
- 24 Punishment for sale of cigarettes or any other tobacco products in certain places or to persons below the age of eighteen years
- 25 Prevention, detention and place of trial of offences under sections 4 and 6
- 26 Offences by companies
- 27 Offences to be bailable
- 28 Composition of offences
- 29 Protection of action taken in good faith
- 30 Power to add any tobacco products in the Schedule
- 31 Power of Central Government to make rules
- 32 Act not to apply to cigarettes of other tobacco products which are exported
- 33 Repeal and savings