Sikkim Prohibition of Smoking and Non Smokers Health Protection Act, 1997
(Act No. 12 of 1997)
Last Updated 5th March, 2020 [sik119]
(a) "advertisement" means and includes any notice, circular, wall paper, pamphlet, display on hoarding, any visible representation made by means of any other means of any light, sound, smoke gas or any other means which has the effect of promoting smoking and the expression advertise shall be construed accordingly;
(b) "authorised officer" means a person authorised under section 4
(f) "public service vehicle" means a vehicle as defined under clause 35 of section 2 of the Motor Vehicles Act, 1988 (59 of 1988) ;
(g) "rule" means any rule made under this Act.3. Declaration of places of public work or use as no-smoking places. - 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 of public work or use in the State to be no-smoking place for the purpose of this Act. 4. Power to the Government to authorise officers to act under the 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 in places of public work or use. - No person shall smoke in any place of public work or use. 6. Prohibition of smoking in Public Vehicles. - Without prejudice to the provisions of the Motor Vehicles Act, 1988 (59 of 1988), no person shall smoke in a public service Vehicle. 7. Prohibition on advertisement or cigarettes etc. - Notwithstanding anything contained in any other law for the time being in force, no person shall advertise in any place and any public service Vehicle which may promote smoking, or the sale of cigarettes and beedis etc. 8. Prohibition of sale of cigarettes, etc. to minors. - No. person shall sell cigarettes, beedis or any other such smoking substance to any person who is below the age of eighteen years. 9. Prohibition if storage, sale and distribution of cigarettes, etc. in the vicinity educational institutions. - No person shall himself or by any person on this behalf, store, sell or distribute cigarettes or beedis or any others such smoking substance within an area of one hundred metres around any College, School or educational institutions. 10. Display and Exhibition of Board. - The owner or manager or in-charge of affairs of every place of public work or use shall display an exhibit a board at a conspicuous place or places in and outside the premises visited or used by general public prominently stating that the place is a "No Smoking Zone" and that "Smoking is an Offence". 11. Penalties. - Any person who contravenes the provisions of -
(a) section 5, 6 or 9 shall be punishable with fine which may extend to one hundred rupees and in case of second or subsequent offence, shall be punishable with a minimum fine of two hundred rupees, but which may extend to five hundred rupees.
(b) section 7 or 8 shall be punishable with fine which may extend to five hundred rupees And in case of second or subsequent offence shall be .12. Election of violators of this Act from the place of public work, or use. - Any authorised officer or any police officer, not below the rank of sub-inspector, may eject any person from the place of public work or use who contravenes the provisions of this Act. 13. Court Competent to try offence under this Act and make cognience of offence. - (1) No court other than the court of a Magistrate of First class shall take cognizance of, 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 authorised officer with respect to offence under sections 5,6 and 9 and on a report in writing of a police officer, not below the rank of sub-inspector, with respect to the offences under sections 7 and 8. 14. Certain offence to be cognizable and bailable. - Not with standing anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) offences under sections 7 and 8 shall be cognizable and bailable. 15. Offence under the Act to be tried summarily. - All offences under this Act shall be tried summarily in the manner provided for summary trial under the Code of Criminal Procedure, 1973 (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 as may be mentioned therein, subject to such conditions, if any, as may be specified therein. 17. Composition of offences. - The Government or any person authorised by it by general or special order in this behalf may either before or after the institution of the proceedings compound any offences made punishable by or under this Act. 18. Power to make rule. - (1) The Government may make rules to provide for or regulate any matter in respect of which this Act makes no provision or makes insufficient provision and provision is, in its opinion, necessary. (2) Any rule made by the Government shall be subject to previous publication thereof in the Official Gazette. (3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly and if the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.