The Juvenile Smoking Act, 1919

An Act for the Prevention of Smoking by Juveniles.

Section 1. Short title, local extent and commencement

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

(2) It extends in the first instance to Dhaka:

Provided that the ²Government may, from time to time, by notification in the Official Gazette, extend this Act to any other town or place in ³Bangladesh.

(3) It shall come into force on such date as the ⁴Government may, by notification in the Official Gazette, direct.

Section 2. Definitions

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

Section 3. Prohibition against sale of tobacco, etc., to young persons

(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 believe that it was for the use of that person.

(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 Taka 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.

Section 4. Power of police-officers and others to seize and destroy tobacco, etc., in the possession of a young person in certain places

It shall be lawful for a police-officer in uniform, or any other person or class of persons duly authorized by the ⁵Government 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.

Section 5. Institution of proceedings

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 a seizure under section 4.

Section 6. 6.Act not to apply in certain cases

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.