GOVERNMENT OF ANDHRA PRADESH

A B S T R A C T 

 

RULES – Andhra Pradesh Prohibition of Smoking and HealthProtection Rules, 2002 – Notification – Orders – Issued.

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HEALTH, MEDICAL AND FAMILY WELFARE (J1) DEPARTMENT

 

G.O.Ms.No.267                                                                                                        Dated29th June, 2002

                                                                        Read the following:

 

Andhra Pradesh Prohibitionof Smoking and Health

Protection Act, 2002 (ActNo.14 of 2002)

* * *

 

O R D E R:-

 

            Thefollowing notification will be published in the Extra-ordinatory issue of theAndhra Pradesh Gazette dated   4thJuly, 2002.

 

NOTIFICATION

 

            In exerciseof the powers conferred by sub section (1) of Section 19 of the Andhra PradeshProhibition of Smoking and Health Protection Act, 2002 (Act No.14 of 2002), theGovernor of Andhra Pradesh hereby makes the following Rules in respect ofProhibition of Smoking in places of public work or use and in public servicevehicles in the State:

 
RULES

1. Short Title and extent  :

1.      (i)      These rules may be called “The AndhraPradesh Prohibition of Smoking and Health Protection Rules, 2002;

(ii)     These rules shall extend to whole of theState of Andhra Pradesh;

 

     2.   Definitions :   In these rules, unless, the contextotherwise requires;

(i)                “Act”means the “Andhra Pradesh Prohibition of Smoking and Health Protection Act,2002.

 

(ii)             “Smoking”means smoking of tobacco in any form whether in the form of cigarettes, cigar,beedies or otherwise with the aid of a pipe, wrapper or any other instruments.

 

(iii)           “PublicService Vehicle” means a vehicle as defined under clause (35 )of section 2 ofthe Motor Vehicles Act, 1988;

 

 

(iv)            “AuthorisedOfficer” means a person authorized under section-4 of the Act.

 

(v)               “Placeof public work or use” means a place declared as such as per section (2) (e)and 3 of the Act.

 

(vi)            Non-Smokingplaces:  The following places have beendeclared as non-smoking places under section 3 of the Act.

 

(1)    Auditoria;

(2)    Hospital Buildings;

(3)    Health Institutions;

(4)    Educational Institutions

(5)    Libraries;

(6)    Court Buildings;

(7)   Public Offices;

(8)   Public conveyances including Railways;

(9)   Amusement Centres;

(10)Restaurants  and Hotels including pubs;

  (11) Function Halls;

  (12) Monuments and Stadia.

(13)Shops and Shopping Complexes

(14)Cinema Halls.

 

3.         Noperson shall smoke in any of the non-smoking places of public work or use asdeclared under rule 2(vi) of these rules.

 

4.       Authorised Persons:  The officer or person shown against theplaces mentioned below shall act as the Authorised Officer or Person toexercise any of the powers vested in them by this Act and to impose penalty onany person who contravenes the provisions of the Andhra Pradesh Prohibition ofSmoking and Health Protection Act, 2002:

 

Sl.No.

Name of place of public work or use

Authorised Officer or Person

(1)

(2)

(3)

a)

Auditoria, Amusement Centres, Cinema Halls, Restaurantes / Hotels / Pubs,  Function Halls, Monuments and Stadia, shops and shopping complexes.

Manager / Assistant Manager / Incharge Person of the concerned establishment.

 

b)

Hospital Buildings and Health Institutions

Principal / Superintendent / Resident Medical Officer / Medical Officer  of the concerned Department.

 

c)

Educational Institutions

Head of the Institution /  Principal / Head of the concerned Department / Teachers

 

d)

Libraries

Concerned Librarian / Assistant Librarian.

 

e)

Court Buildings

Registrar / Assistant Registrar of the concerned Court.

 

f)

Public Offices.

Gazetted Officers of the Central / State / Central Public Sector undertaking / State Public Sector undertaking.

 

g)

Public Service vehicles

Driver and Conductor

 

 

5.         The owneror manager or the person incharge of affairs of every place of public work orpublic use shall display and exhibit a notice board stating that “Smoking isStrictly Prohibited” and Smoking is an offence at a conspicuous place or placesboth inside and outside the non-smoking places declared under rule 2 (vi) ofthese rules.

 

6.   (1) No personor agency shall advertise in any place and any public service vehicle which maypromote smoking, or the sale of cigarettes, cigar or beedies or other suchsmoking substances.

 

No person or agency shalladvertise in any print, media by way of any notice, circular, wall paperpainting, pamplet, display of hoardings or through any visible representationmade by means of any light, sound, smoke, gas or through electronic media orradio or any other audio means, or any other means to promote the smoking orsale of cigarettes, cigar and beedies. No advertisement or promotion of smoking shall be made in publictransportation vehicles or any other carriers or trains.

 

7)        No person shall sellcigars, beedies or any other such smoking substance to any person who is belowthe age of eighteen years;

 

8)        No personshall himself or by person on his behalf store, sell or distribute cigarettesor beedies or any other such smoking substance within the area of one hundredmeters around any college, school or other educational institutions.

 

9)        Penalties: (i) Anyone who contravene the provisions of sections 5, 6, & 10 of theAndhra Pradesh Prohibition of Smoking and Health Protection

Act, 2002 in the non-smoking places declared in rule undersection 2(e) and 3 at the Act shall be punishable with a fine of Rs.100/-(Rupees one hundred only) for first time and for second or subsequent offenceshall be punishable with a minimum of Rs.200/- (Rupees two hundred only) butwhich may extend to Rs.500/- (Ruppes five hundred only).

 

(ii)      Any one who contravenes the provisions ofsection 7, 8 and 9 of the Andhra Pradesh Prohibition of Smoking and HealthProtection Act, 2002 in the non-smoking places, declared under section 2(e) and3 of the Act, shall be punishable with a fine which may extend to Rs.500/-(Rupees five hundred) for first time and in case of second or subsequentoffence shall be punishable with imprisonment which may extend to three monthsor with a minimum fine of Rs.500/- (Rupees five hundred) but which may extendto Rs.1000/- (Rupees one thousand) or with both.

 

10.       Theauthorized persons who were declared by notification in G.O.Ms.No.265, Health,Medical and Family Welfare (J1) Department, dated 29th June, 2002shall impose the punishment for violation of the said provisions, fine theoffender and remit the amount in the Government Treasury by way ofchallan.  The Authorised Officer shallbe responsible for maintenance of proper account of the money so collected by wayof penalties and for remittance of the same into the Government Treasury.

 

11.       The Directorof Health shall arrange for the printing of receipt books or challan books andfurnish the same to the District Collectors, who will in turn distribute thesame to the concerned authorized persons to free of cost within theirdistricts.

 

12.       If any personcontravene the provision of sections 7, 8 and 9 of the Act, the authorizedofficer shall file a complaint with the Station House Officer of the PoliceStation concerned.  On such complaintbeing filed the Station House Officer shall take file the same before the 1stClass Megistrate or Metropolitan Magistrate as the case may be to take actionin terms of sub section (2) of section 14 of the Act.

 

13.       AnyPolice Officer, not below the rank of Sub Inspector, may eject any person fromthe place of public work or public use who contravenes the provisions of theAct and the rules.

 

14.       Inter-pretation:  If there is any doubt or dispute regardingthe application or interpretation of these rules, the decision of theGovernment thereon shall be final.

 

15.       For effectiveimplementation of the Act and the rules it shall be competent for theGovernment to constitute a Regulatory body headed by the District Collectorwith the district level Officers from regulatory Departments like Revenue,Police and Forest Departments.

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRAPRADESH)

 

ASOKEKUMAR TIGIDI

PRINCIPALSECRETARY TO GOVERNMENT

 

 To

The Commissioner of Printing, Stationary & StoresPurchase (Printing

Wing), Andhra Pradesh, Hyderabad(with a request to publish the above Notification and furnish 200 copies toGovernment and 200 copies to all the District Collectors in the State).

All the Heads of Departments under the control of Health,Medical

and Family Welfare Department

All the Departments of Secretariat, A.P., Hyderabad (witha request to

communicate to all the Heads ofDepartments under their control).

All the District Collectors / Superintendents of Police inthe State.

The Commissioners of Police, Hyderabad / Visakhapatnam /Vijayawada.

The Commissioner of Information and Public Relations,A.P., Hyderabad 

(with a request to give widepublicity to the  Notification in thenewspapers).

The Joint Secretary to Government of India, Ministry ofHealth & Family

Welfare, Nirman Bhavan, New Delhi– 11

The Advocate-on-Record for the State of Andhra Pradesh,Andhra Bhavan, No.1 Asoka Road, New Delhi – 01.

The J.S. to C.M.

The P.S. to Minister (HM&FW).

The P.S. to Principal Secretary to Government (Health).

The General Administration (SB) Department.

The Law (E) Department.

 

/ / FORWARDED :  : BY ORDER / /

 

 

SECTION OFFICER