(1) No person in any compartment of a train shall, if objected to by any other passenger in that compartment, smoke therein.
(2) Notwithstanding anything contained in sub-section (1), a railway administration may prohibit smoking in any train or part of a train.
(3) Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be 4[liable to penalty of two thousand rupees in addition to being liable to forfeiture of his pass or ticket and shall also be removed by any railway servant and if he refuses to pay the penalty, he shall be produced before the competent court having jurisdiction, shall be punishable with fine which may extend to five thousand rupees:]
[Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of two thousand rupees.]