The Haryana Prohibition of Smoking in Cinema and Theatre Halls Act, 1974(26 of 1974)

HARYANA GOVT OAZ. (EXTRA.), AUGUST 5, 1974 665
(SRAVANA 14, 1896 SAKA)

_
PART I

LEGISLATIVE DEPARTMENT
Notification

The 5th August, 1974
No. 30-Leg.174.—The following Act of the Legislature of the State of

Haryana received the assent of the Governor of Haryana on the 2nd August.
..--- 1974, and is hereby published for general information :—

Haryana Act No. 26 of 1974

THE HARYANA PROHIBITION OF SMOKING IN CINEMA
AND THEATRE HALLS ACT, 1974,

AN
ACT

to provide for the prohibition of smoking in cinema and theatre halls.
BE it enacted by the Legislature of the State of Haryana in the Twenty-

fifth Year of the Republic of India, as follows :-

1. (1) This Act may be called the Haryana Prohibition of Smoking in Short title
Cinema and Theatre Halls Act, 1974. and West.

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

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

(a) "auditorium" means the portion of the building occupied by the
audience or spectators during a show ;

(b) "Inspector" means an officer appointed by the State Government
to perform the functions of an Inspector under this Act ;

(c) "prohibited period" means the period beginning from half an hour
before the commencement of a show till the end thereof ;

(d) "show" means a cinematograph exhibition or performance of
a drama or dance ;

(e) "smoking" means smoking of tobacco in any form, whether as
cigarette, cigar, been or in pipe or Hukka.

3. (1) No person shall smoke in cinema or theatre hall, during the pro- Offences.
hibited period, either in the auditorium or o n the stage. except in so far as
the smoking may be a part of the performance.

r
"Ilf

(2) Any person who contravenes the provisions of sub -section (1) shall
be liable to be turned out of the cinema or theatre hall without payment of
any compensation or refund of any payment made by him and shall also be
liable to arrest for the purposes of section 42 of the Code of Criminal Pro-
cedure, 1973, and on conviction to a fine which may extend to twenty rupees.

4. An Inspector may enter a cinema or theatre hall to satisfy himself
that the provisions of this Act are not being contravened.

5. No prosecution under this Act shall be instituted except on the com-
plaint, in writing, of an Inspector authorised in this behalf by a general or
special order of the Director of Health Services, Haryana.

Power of
Inspector.

Power to institute
Prosecution.



Pos4er to try
summarily.

Power to make
rules.

Repeal.

HARNANA GOVT GAZ. ( xTRA.), AUGUST 5, 1974 666
(SRAVANA 14, 1896 SAKA)

6. All cases under this Act shall be tried in the manner provided for
the summary trial under the Code of Criminal Procedure, 1973.

7. (1) The State Government may, by notification, make rules for
carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be
after it is made before the House of the State Legislature while it is in session
for a total period of ten days which may be comprised in one session or in
two successive sessions, and if before the expiry of the session in which it is
so laid or the session immediately following, 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 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.

8. The Punjab Prohibition of Smoking (Cinema and Theatre Halls)
Act, 1951 (Punia.b Act 8 of 1951), in its application to the State of Haryana,
is hereby repealed.

SARUP CHAND GOYAL,
Secretary to Government, Harytma,

Legislotive