Smoking in Public if no notice board

[mvbsprasad]

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Kindly let me know, if a person smoking at public places is an offence even though no proper board is placed at the specified place as per GSR-417(E) (On 30th May, 2008 by a notification, the rules under Section 4 have been modified. These rules came into effect on 2nd October, 2008 all over the country.) under schedule-II for display of proper board.

Query-1 The incharge of the area who is responsible for implementing the prohibition of the smoking does not follow the prohibition of smoking rules-2008, in specific the rule 3 completely, as rule 3 has three parts a, b, c and each of the three are inter linked, then how it is justifiable to punish the citizens? Is this not a human rights violation?
Consider the case that a person from a particular area had entered another area which is not fully known to him, say a mumbai person enters karnataka. In mumbai there is no strict implementation of the smoking rules, but in karnataka they implement with out no specific notice boards as specified in rule-3 . According to the rule-3 there should be a board as specified in schedule II and should be displayed prominently at the area. Then sir, how it is justifiable to punish the citizens for the first time getting caught?
Is there any solution for this type of first time caught persons?
Query-2 If a persons was caught smoking at public place with no specific notice board, does the incharge of the area should give the police notice on the spot / should he take him to poilce station just like a criminal and then issue police notice ? Can you please help me in finding a way to avoid the penality, considering all these above explained facts.
Query-3 Is smoking at public places is a crime or offense? If offense then should a person be treated like a criminal? If you still say that what they are doing is right, then it will be a green flag for the incharge area persons to exploit the citzens, violating the human basic rights. Kindly read the `Prohibition of Smoking in Public Places' Rules, 2008 and in specific rule-3 schedule-II and then answer. Thank you for reading patiently.