(1) This Act may be called the Bengal Juvenile Smoking Act, 1919.

(2) It extends in the first instance to Calcutta, as defined in clause (7) of section 3 of the Calcutta Municipal Act, 18992 (Ben. Act III of 1899):

(Sections 2, 3.)

Provided that the 3[State Government] may, From time to time, by notification in the 4[Official Gazette], extend 5this Act to any other town or place in 6[West Bengal].

(3) It shall come into force on such date7as the 3[State Government] may, by notification in the 4[Official Gazette], direct.

In this Act unless there is anything repugnant in the subject or context,

(a) cigarettes include cut tobacco rolled up in paper, tobacco leaf or other material in such form as to be capable of immediate use for smoking;

(b) police-officer means a member of an established police force above the rank of a head constable; and

(c) tobacco means tobacco in any form, and includes any smoking mixture intended as a substitute for tobacco.

(1) No person shall sell or give to a person apparently under the age of sixteen years any tobacco, pipes or cigarette papers, whether for his own use or not:

Provided that a person shall not be guilty of an offence under this sub-section for selling tobacco, other than cigarettes, to a person apparently under the age of sixteen years if he did not know, and had no reason to belief, that it was for the use of that person.

(Sections 4-6.)

(2) If any person contravenes the provisions of sub-section (1), he shall be liable on summary conviction before a Magistrate to a fine not exceeding ten rupees, and in the case of a second offence to a fine not exceeding twenty rupees, and in the case of a subsequent offence to a fine not exceeding fifty rupees.

It shall be lawful for police-officer in uniform, or any other person or class of persons duly authorised by the 8[State Government] in this behalf, to seize any tobacco, pipes or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and to destroy any such article.

No Magistrate shall take cognizance of an offence under this Act, except upon a complaint made by, or at the instance of, the parent or guardian of the young person concerned or a police-officer or other person empowered to make seizure under section 4.

The provisions of this Act shall not apply when the person to whom the tobacco, pipes or cigarette papers are sold, or in whose possession they are found, was at the time employed by a manufacturer of, or dealer in such articles either wholesale or retail, for the purposes of his business.

1 For Statement of Objects and Reasons, see the Calcutta Gazette of 1917, Pt. IV. page 18; and for Proceedings in Council, see ibid. Pt. IVA, pages 853-858, and see the Calcutta Gazette of 1918, Pt. VA. pages 1030-1035, and page 1194. And pages 1277-1281.

2 Bengal Act III or 1899 was repealed and re-enacted by the Calcutta Municipal Act,) 923 (Ben. Act III of 1923) which Act was again repealed and re-enacted by the Calcutta Municipal Act, 1951 (West Ben. Act XXXIII of 1951) which was finally repealed and re-enacted by the Calcutta Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980). And this reference should now be construed as a reference to clause (9) of section 2 of the last mentioned Act.

3 The words Provincial Government were originally substituted for the words Local Government by paragraph 4(1) of the Government of India (Adaptation or Indian Laws) Order, 1937, and thereafter the ward State was substituted for the word Provincial by paragraph 4(1) of the Adaptation of Laws Order, 1950.

4 These words were substituted for the words Calcutta Gazette by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order 1937.

5 The provisions of this Act were extended to (1) the town of Berhampore with effect from the 15.4.21 by notification No. 1130 P.H., dated the 8.4.21, published in the Calcutta Gazette of 1921, Pant. page 582. (2) the town or Jalpaiguri with effect from the 15.4.19 by notification No. 101S, P.H., dated 3.4.19, published in the Calcutta Gazette of 1919, Part I, page 667. (3) all towns and places in West Bengal, where these have not already been extended, with effect from the 1st January, 1957, by notification No. P.H./3053/95-6/55, dated 21.8.56, published in the Calcutta Gazette or J956. Part 1, page 3453.

6 These words were substituted for the word Bengnl by paragraph (2) of Article 3 of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

7 The 1st February, 1919. see notification No. 114 San., dated the 27th January, 1919, published in the Calcutta Gazette of 1919. Pt. IB. pope 22.

8 See foot-note 1 on page 566 ante.