The Andaman and Nicobar Islands Juvenile Smoking Regulation 1955

(1) This Regulation may be called the Andaman and Nicobar Islands Juvenile Smoking Regulation, 1955. (2) It extends to the whole of the Andaman and Nicobar Islands. (3) It shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint.

In this Regulation, unless the context otherwise requires- (a) "Chief Commissioner" means the Chief Commissioner of the Andaman and Nicobar Islands; (b) "cigarettes" includes cut tobacco rolled in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking; (c) "tobacco" means tobacco in any form, and includes any smoking mixture intended as a substitute for tobacco; (d) "Public place" means any place to which the public have access for the time being, whether on payment or otherwise, and includes a jetty and a water craft.

Whoever sells or gives to any young person apparently under the age of sixteen years any tobacco, cigarettes, pipes or cigarette papers, whether for the use of such person or not, shall be punishable:- (a) in the case of first conviction, with fine not exceeding fifty rupees; (b) in the case of second conviction, with fine not exceeding twenty rupees; and (c) in the case of any subsequent conviction, with fine not exceeding fifty rupees.

It shall be lawful for a police officer or any other person or class of persons authorised by the Chief Commissioner in this behalf to seize any tobacco, cigarettes, pipes or cigarette papers in the possession of any young person apparently under the age of sixteen years whom he finds smoking in any public place and to destroy any such article.

No magistrate shall take cognizance of an offence under Section 3 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.

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Chief Commissioner may confer on any magistrate of the Second or Third Class power to try summarily offences under Section 3.

The provisions of this Regulation shall not apply- (a) to any young person apparently under the age of sixteen years to whom tobacco, cigarettes, pipes or cigarette papers are sold or given or in whose possession they are found, if he was at the time employed by a manufacturer of, or a dealer in, such articles, either wholesale or retail, for the purposes of his business; (b) to members of any such bona fide tribe addicted to smoking as may be specified by the Chief Commissioner by notification in the Gazette.