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LEGISLATIVE ASSEMBLY OF GOA

The Goa Prohibition of Smoking and Spitting Bill 1997
(Bill No.22 of 1997)


REPORT OF THE SELECT COMMITTEE
GOA LEGISLATURE SECRETARIAT
ASSEMBLY HALL, PANAJI

JULY, 1997

Bill No.22 of 1997

A

BILL

to provide for prohibiting smoking and spitting in places 
of public work or use and in public service vehicles in 
the State of Goa and to make provision for other matters 
connected therewith.


             COMPOSITION OF THE SELECT COMMITTEE

  CHAIRMAN

	1.   Dr. Wilfred Menezes Mesquita --- Minister for Environment

  MEMBERS

	2.   Smt. Fatima D'Sa, M.L.A.
	3.   Smt.Sangeeta Parab, Minister of State for Education
 	4.   Smt. Victoria Fernandes, M.L.A.
	5.   Smt. Shashikala Kakodkar, M.L.A.
	6.   Shri. Manohar Parrikar, M.L.A.
	7.   Shri. Pandurang Bhatale, M.L.A.
	8.   Shri. Arecio D'Souza, M.L.A
	9.   Shri. Sadanand Malik, M.L.A

  SECRETARIAT

	1.   Shri. Ashok B. Ulman, Secretary Legislature
	2.   Shri. U. M. Desai, Under Secretary, Legislature
	3.   Shri. Narvekar, Section Officer, Legislature
	4.   Smr. Celiza Fernandes, Sr.Astt. Legislature



                                  GOVERNMENT REPRESENTATIVES

	1.   Dr. G.C. Srivastava---- Chief Secretary
	2.   Shri. B. S. Subbanna ---- Law Secretary
	3.   Dr. N.P.S. Varde --- Scientist & Joint Secretary


                                  REPORT OF THE COMMITTEE

	I, the Chairman of the Select Committee to which Bill No.22 of
1997---- The Goa Prohibition of  Smoking and Spitting Bill, 1997 was
referred, having been authorised by the Committee to submit the report on
its behalf present the report with the Bill as amended by the Committee
annexed hereto :-

	The Bill was introduced in the Legislative Assembly of Goa on 14th
July, 1997 and was referred to the Select Committee on 17th July, 1997.

	The Committee held its meeting on 22nd July, 1997.  The amendments
tabled by Dr. Kashinath Jhalmi, Leader of Opposition mainly regarding
Prohibition of Advertisements of smoking and chewing tobacco products and
prohibition of storage and sale of or distribution of cigarettes etc.
near the educational institutions, were placed before  the Committee, and
also certain suggestions including that of Dr. S. G. Vaidya,  Chairman of
the National Organisation for Tobacco Eradication which appeared in the
press were also placed before the Committee.  The Committee after holding
the discussion in detail, decided to incorporate almost all the amendments
of Dr. Jhalmi in the Bill.  The suggestion to prohibit the sale of
cigarettes etc., to persons below the age of 21 years have been accepted
by the Committee.  The Bill has been accordingly amended by the Committee
as annexed hereto.

	The Report was considered and adopted by the Committee in its
meeting held on 29th July, 1997.


Assembly Hall,                           (DR. WILFRED MENEZES MESQUITA)
Panaji.                                  Minister for Environment


CHAIRMAN

Dated: 29th July, 1997.

THE GOA PROHIBITION OF SMOKING AND SPITTING BILL, 1997
(Bill No.22 of 1997)

A
Bill
to provide for prohibiting use of Tobacco in any form and Spitting in
places of public  work or use and in public service vehicles  in the State
of Goa and to make  provision for other matters connected therewith.

	Be it enacted by the Legislative Assembly of the State of Goa in
the Forty-eighth Year of the Republic of India as follows:-

	1. Short title, extent and commencement. ---- (1) This Act may be
called the Goa Prohibition of Smoking and Spitting Bill, 1997

	(2) It extends to the whole of the State of Goa.

	(3)  It shall come into force on such date as the Government may,
by notification in the Official Gazette, appoint.


	2. Definitions --- In this Act, unless the context otherwise
requires.---

"(a)    "advertisement" means and includes any notice, circular, wall
paper, pamphlets,  display on hordings or any visible representation made
by means of any  light, sound, smoke, gas, writing instruments, stickers,
symbols, colours, logo, trade   mark/  symbol, display on articles like
T-Shirts, shoes, sportswear, sports, gears caps, carry bags, telephone
booths, etc., or any other means which has direct  or indirect effect  of
promoting smoking and or tobacco chewing and the expression 'advertise'
shall be  construed accordingly":

(b)" authorised officer" means a person authorised under section 4 of this
Act.

(c) " chewing" means chewing of tobacco, gul (tobacco), use of tobacco
paste,  supari with tobacco, pan masala, zarda, gutkha and the like;

(d)	 "Goa" means the State of Goa;

(e)	 "Official Gazette" means the Goa Government Gazette."

(f)	 "place of public work or use" means a place declared as such
under Section-3 of this Act, and includes auditoria,
cinema/conference/seminar halls, hospital buildings, health
institutions, amusement centers, restaurants, eating houses, hotel
lounges, other waiting lounges, public offices, court buildings,
educational   institutions, libraries, bus stations/stands, ferry boats,
places of worship, beaches  sports stadium and the like which are visited
by the general public but does not  include other open place; [or any
other place declared as such section 3 of this Act.;]

(g)	" 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);

(h)  "smoking" means smoking of tobacco in any form, whether in the form
of cigarette, cigar, beedies or otherwise with the aid of pipe, wrapper,
or any other instruments; 

(i) "spitting" means voluntary ejection of saliva from the mouth after
chewing or without chewing and ejection of mucus from the nose after
inhaling snuff or without inhaling ;

	3. Declaration of places of public work or use --- 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 to be a place of public work or use in Goa for the purposes of this
Act.

	4. Power of Government to authorise officers to act under this
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 and spitting in places of public work or
use.-- No person shall smoke or spit in any place of public work or use.

	6. Prohibition of smoking and spitting in public service
vehicles.--- Without prejudice to the provisions of the Motor Vehicles
Act, 1988 (Central Act 59 of 1988), no person shall smoke or spit while
travelling in or using a public service vehicle.

      "7. 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 and on
any public service vehicle any material which may directly or indirectly
promote smoking or chewing of tobacco or any tobacco product or products
containing tobacco even if classified as by any other name."

	8. Prohibition of sale of cigarettes, etc. to minors.--- No person
shall sell cigarettes, beedies, chewing tobacco, gul (tobacco), tobacco
paste, including tobacco based tooth paste, supari with tobacco, pan
masala, zarda, snuff, gutkha or any other such smoking and/or chewing
substance containing nicotine and/or tobacco to any person who is below
the age of  Twenty one years.

	"9.  Prohibition of storage and sale and distribution of
cigarettes etc-- No person shall himself or by any person on his behalf,
store, sell or distribute cigarettes,  beedies, chewing tobacco, gul
(tobacco) tobacco paste, supari with tobacco, pan masala, zarda, snuff,
gutkha or any other such smoking substance or substances containing
tobacco within an area of 100 mtrs. around place of worship or any
college, school or other educational institutions".

	10.  Display and exhibition of board.-- The owner or manager or
incharge of affairs of every place or public work or use shall display and
exhibit a board at a conspicuous place or places in and outside the
premises visited or used by the general public prominently stating that
place is a "No Smoking and No Spitting Zone" and that "Smoking/Spitting is
an Offence".

	11.  Any person who contravenes the provisions of --(1) sections
5,6,9 or 10 shall be punishable with fine which may extend to one thousand
rupees and in case  of second or subsequent offence, shall be punishable
with a minimum fine of two thousand rupees, but which may extend to five
thousand rupees.

	(2)  sections 7 and 8 shall be punishable with fine which may
extend to one thousand rupees and in case of second or subsequent offence,
shall be punishable with imprisonment which may extend to three months, or
with a minimum fine of five thousand rupees which may extend to ten
thousand rupees, or with both.

	12. Power to eject violators. --- Any authorised officer or any
police officer, not below the rank of a sub-inspector, may eject any
person who contravenes any provisions of this Act, from the place of
public work or use, and any driver/conductor of a public service vehicle
may eject any person who contravenes any provisions of this Act in the
public service vehicles, from the public service vehicle.

	13. Court competent to take cognizance and try offences.--- (1) No
court other than the court of a Judicial Magistrate First Class shall take
cognizance of, and try an offence under this Act.

	(2)  No court shall take cognizance of any offence except on a
complaint in writing of an authorised officer or an authorised
representative of a recognised non-government  organisation  devoted to
the cause of controlling tobacco use/spitting with respect to offences
under sections  5,6, and 9 and on a report in writing of a police officer
not below the rank of sub-inspector, or an authorised representative of a
recognised non-government organisation devoted to the cause of controlling
tobacco use/spitting with respect to the offences under sections  7,8,9
and 10.

	14.Certain offences to be cognizable and bailable.---
Notwithstanding anything contained in the Code of Criminal Procedure, 1973
(Central Act 2 of 1994), offences under sections 5,6,7,8 and 9 of this Act
shall be cognizable and bailable.

	15. Summary trial of offences ---- All offences under this Act
shall be tried summarily in the manner provided for summary trial under
the Code of Criminal Procedure, 1973 (Central Act 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 and subject to such conditions,
if any, as may be specified therein.

	17. Composition of offences.--- (1) The Government may, by
notification in the Official Gazette, empower the authorised Officer or a
police officer not below the rank of sub-inspector to compound any offence
committed under this Act on payment of a sum not less than rupees one
thousand which may extend upto rupees five thousand by way of composition
for the offence which such person is suspected to have committed.

	(2) On payment of such sum to such Officer, the offender if in
custody, shall be released and no further proceedings shall be against
such offender.