Section 4: Prohibition 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.]