Punjab act 007 of 1918 : Punjab Juvenile Smoking Act, 1918

Preamble

1Punjab Juvenile Smoking Act, 1918*

[Punjab Act No. 7 of 1918][6th June, 1918]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation
1918 VII The Punjab Juvenile Smoking Act, 1918 Amended by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G.G.O. 40). Amended by the Adaptation of Laws Order, 1950, Extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East. Punjab States, of Union by Punjab Act 18 of 1958. Amended by Punjab Act 25 of 19643 Amended by Haryana Adaptation of Laws (State and Concurrent) Subjects Order, 19684

An Act to prevent juveniles from smoking tobacco

Whereat it is expedient to prevent juveniles from smoking tobacco, and whereas the previous sanction of the Governor-General under section 79(2) of the Government of India, Act, 1915, has been obtained to the alteration of the law effected by section 5 of this Act. It is hereby enacted as follows:-

1. For Statement of Objects and Reasons, see Punjab Gazette, 1916, Part V, pages 22-23 and 178; for Select Committee's report, see ibid, Part V, 1918, pages 334-35, for debates in Council, see ibid, 1916, Part V, pages 205-10, ibid, 1918, Part V, pages 385-97.

* [Received the assent of the Lieutenant-Governor of the Punjab on the 6th June, 1918 and that of the Governor-General on the 25th June, 1918 and was first published in the Punjab Gazette of the 12th July, 1918]

3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, pages 935-937.

4. For Statement of Objects and Reasons, see Haryana Gazette dated the 29th October, 1968.

Preamble

1Punjab Juvenile Smoking Act, 19184

[Punjab Act No. 7 of 1918][6th June, 1918]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation
1918 .. VII The Punjab Juvenile Smoking Act, 1918 Amended by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G.G.O. 40) Amended by the Adaptation of Laws Order, 1950 Extended to Pepsu Territory by Punjab Act 18 of 19582 Amended by Punjab Act 25 of 19643

Whereas it is expedient to prevent juveniles from smoking tobacco, and whereas the previous sanction of the Governor-General under section 79(2) of the Government of India Act, 1915, has been obtained to the alteration of the law effected by section 5 of this Act; It is hereby enacted as follows:-

1 For Statement of Objects and Reasons, see Punjab Gazette, 1918, Part V, pages 22-23 and 178; for Select Committee's report, see ibid, Part V, 1918, pages 334-35, for debates in Council, see ibid, 1916, Part V, pages 205-10, ibid, 1918, Part V. pages 385-97.

2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 546K.

3 For Statement of Objects and Reasons, See Punjab Government Gazette (Extraordinary), 1964, pages 935-937.

4 [Received the assent of the Lieutenant-Governor of the Punjab on the 6th June, 1918, and that of the Governor-General on the 25th June, 1918 and was first published in the Punjab Gazette of the 12th July, 1918.]

Section 1. Short title and extent

1. Short title and extent.- (1) This Act may be called the Punjab Juvenile Smoking Act, 1918.

(2) It extends to the whole of 1[Haryana].

1. Substituted for the word "Punjab" by Haryana Adaptation of Laws Order, 1968.

Section 2. Definitions

2. Definitions.- In this Act-

"Tobacco" means tobacco in any form and includes any smoking mixture intended as a substitute for tobacco;

"Public place" means any place to which the public for the time being has access whether on payment or otherwise and includes a railway station and a railway carriage.

Section 3. Penalty for selling tobacco children

3. Penalty for selling tobacco children.- Whoever sells or gives or attempts to sell or give to a child apparently under the age of sixteen years any tobacco, whether for his own use or not shall be liable on conviction [2[* * *]] in the case of a first offence 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 third or subsequent offence to a fine not exceeding fifty rupees.

2. The words "by a Magistrate" omitted by Punjab Act 25 of 1964, section 2, Schedule, Part III.

Section 4. Seizure of tobacco being smoked by juvenile in a public place

4. Seizure of tobacco being smoked by juvenile in a public place.- If any boy apparently under the age of sixteen years be found smoking tobacco in any public place it shall be lawful for any lambardar, zaildar, teacher of a recognized school or affiliated college, member of a municipal committee, member of a district board, member of a notified area committee, legal practitioner, registered medical practitioner or magistrate to seize such tobacco and destroy it.

Section 5. Summary jurisdiction

3[5. Summary jurisdiction.- The High Court may confer on any Bench of Judicial Magistrates, invested with the powers of a Judicial Magistrate of the second class, powers to try summarily any offence under this Act.]

3. Substituted by ibid.

Section 2. Definitions

2. Definitions.- In this Act-

"Tobacco" means tobacco in any form and includes any smoking mixture intended as a substitute for tobacco;

"Public place" means any place to which the public for the time being has access whether on payment or otherwise and includes a railway station and a railway carriage.

Section 5. Summary jurisdiction

1[5. Summary jurisdiction.- The High Court may confer on any Bench of Judicial Magistrates, invested with the powers of a Judicial Magistrate of the second class, powers to try summarily any offence under this Act.]

1 Substituted by Punjab Act 25 of 1964.

Section 3. Penalty for selling tobacco to children

3. Penalty for selling tobacco to children.- Whoever sells or gives or attempts to sell or give to a child apparently under the age of sixteen years any tobacco, whether for his own use or not, shall be liable on conviction 1[] in the case of a first offence 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 third or subsequent offence to a fine not exceeding fifty rupees.

1 Omitted by Punjab Act 25 of 1964.

Section 1. Short title and extent

1. Short title and extent.- (1) This Act may be called the Punjab Juvenile Smoking Act, 1918.

(2) It extends to the whole of 1Punjab.

1 Substituted for the words "East Punjab" [which had been inserted for the word "the Punjab" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948] by the Adaptation of Laws Order, 1950.

Section 4. Seizure of tobacco being smoked by juvenile in a public place

4. Seizure of tobacco being smoked by juvenile in a public place.- If any boy apparently under the age of sixteen years be found smoking tobacco in any public place it shall be lawful for any lambardar, zaildar, teacher of a recognized school or affiliated college, member of a municipal committee, member of a district board, member of a notified area committee, legal practitioner, registered medical practitioner or magistrate to seize such tobacco and destroy it.

SECTIONS