40A. [ Prohibition of smoking in certain places where entertainments are held. [Inserted by Madras City Police and Places of Public Resort (Amendment) Act, 1951 (Tamil Nadu Act XIII of 1951).]
(1)If any entertainment (including a cinematograph exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in an enclosed place or building, then, no person shall, during the prohibited period as defined in sub-section (2), smoke either -(a)on the stage except in so far as smoking may be part of the entertainment, or(b)in the auditorium, that is to say, in that portion of the enclosed place or building in which accommodation is provided for members of the public:Provided that the State Government may, by notification in the Tamil Nadu Government Gazette, exempt any class of the entertainments from the provisions of this sub-section.(2)For the purposes of sub-section (1), "prohibited period" means so much of the period commencing thirty minutes before the beginning of the entertainment and ending with the termination thereof, as may fall within the hours which the State Government may, by notification in the Tamil Nadu Government Gazette specify in this behalf for entertainments generally or any class of entertainments.(3)Any person who contravenes the provisions of this section shall also be liable to be ejected summarily from the enclosed place of building by any Police-officer and shall also be punishable with fine which may extend to fifty rupees.(4)A person ejected under sub-section (3) shall not be entitled to the refund of any payment made by him for admission to the entertainment or to any other compensation.]
