The Assam Students and Juvenile Smoking Act, 1923
## THE ASSAM STUDENTS AND JUVENILE SMOKING
 ACT, 1923•

(Assam Act Il of,J923)

CONTENTS

Preamble

Section Section

I. Short title. 4. Power of Police Officer to seize
2. Definitions. and order to seize and to destroy

tobacco etc.

3. Prohibition against sale of tobac-

co to students and to all young 5. Institution of proceedings.
persons.

Preamble. Whereas it is expedient to make provision for the prevention

of smoking by students and by all young persons ; and whereas the previous
sanction of the Governor-General required under sub-S. (3) of S. 3 of S. 80-A
of the Government of India Act to Cls. 3 (2) and (4) mentioned herein below,
bas been obtained ;

### It is hereby enacted as follows :

1. Short title. (I) This Act may be called the Assam Students and
Juvenile Smoking Act, 1923.

(2) It extends to the whole of Assam :

Providt>d that the State Govern ment may, from time to time, by notifi·

cation in the official Gazette exempt any locality or localities from the

operation of this Act.

(3) It shall come into force on the first day of January nineteen hundred

and twenty-four.

2. Defini lions. In this Act, unless there is anything repugnant in the

subject or context-

(a) "Cigarettes" includes cut tobacco rolled up in paper, tobacco leaf,

or other material in such form as to be capable of immediate use

for smoking.

(b) "Tobacco" means tobacco in any form and includes any smoking
mixture intended as a substitute for tobacco.

         - ublished in the Assam Gazette, on the 17th October, 1923.

### [ 395 ]


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396 _North-Eastern Region Local Aqts &_ _Rules_ [S. 3

(c) ''Police Officer" means a member of an e~tablished pollee force
above the rank of a head constable.

(d) "Students" means any scholar in school or college.

3. Prohibition against sale of tobacco to students and to all young persons.
(1) No person sha11 or give to a person apparently under the age of 16, or to
a student apparently under the age of 18, an y tobacco, cigarettes, pipes or
cigarettes paper, whether for his own use or not :

Provided that a person shall not be guilty of an offence under sub-S. {1)

for selling tobacco otber than cigarettes, to a person apparently under the age
### of 16 or to a student under the age of 18, if he did not know or had no reason
to believe that it was for the use of that person.

{2) If any person contravenes the provisions of sub-S. (1) he shall be
liable on summary conviction before a Magistrate to a fine not exceeding
ten rupees, and In the tase 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.

(3) _Section not to apply in_ _certain cases._ The provisions of this section
shall not apply when the person to whom the tobacco, pipes, cigarettes or
cigarette papers are sold, or in whose possession they are found, was at that
time employed by a manufacturer of, or dealer in, such articles either wholesale
or retail for the purposes of his business.

4. Power of Police O fficer to seize and order to seize and to destroy tobacco
etc. in possession of young persons. It shall be lawful for a police officer in uni-
form, or any member of the Legislature of Assam or a member of Municipal or
Local !loard, or a member of a Village Authority constituted under S. 20

of the Assam Local Self-Government Act, 191 S, or of a Town Committee

constituted under S. 329, sub·Ss. (1) and (2), of the Assam Municipal Act, 1923
(Act 1 of 1923) or a teacher of a recognised school, professor of a college,
legal practitioner, duly accredited medical practitioner, minister or missionary
### of any recognised religious body, retired gazetted Government Officer, Secretary
and Member of the Committees of a recognised school, or any other person
or class of persons authorised by the State Government in this behalf, to
seize tobacco, pipes, cigarenes or cigarette papers in the possession of any
person apparently under the age of 16 or of any student under the age of 18,
whom be finds smoking in any street or public place, and to destroy any
such article.

5. Institution of proceedings. No Magistrate shall take cognizance of

an offence under S. 3 (I), except under a complaint made by, or at the instance
of, the parents or guardians of the young person concerned, a police officer,
or other person empowered to make seizure under S. 4.

_Explanation._ The student or young person to whom tobacco, cigarette,

pipes or cigarette papers are sold or given shall not be liable to prosecution for
abetment of such offence.

NOTES

Adapted by Megha1aya Thi~ Aot has been adapted for its application in
the State of Megba1aya. _vide_ the Meghalaya Adaptation of Laws Order (No. 4)
of 197 1, effective from the appointed day i.e., the 2nd day of April 1970, with
the following amendm ~ots:


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# s. 5] Assam Students and Juvenile Smoking Act, 1923 397

For sub-Ss. (2) and (3) of S. I of the Assam Act, the following shall
be substituted.

"(2) The Gove rnment of Megbalaya may. by notification exempt
any locality from the operation of this Act."

ln S. 4 of tbe A s~am Act for the words, "Assam or a member of ~1uni­

cipal or local Board or a member of villape authority constituted under S. 20
### of the Assam Local SeJf.Goveroment Act. 1915, or of a Town Committee
constituted under S. 329, !.ub-Ss. (1) and (2) of the Assam Municipal Act 1913'',
shall be substituted by the words, ".Meghalaya".


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