(1) This Regulation may be called the Andaman and Nicobar Islands Opium Smoking (Prohibition) Regulation,
1955.
(2) It extends to the whole of the territory of the Andaman and Nicobar Islands.
(3) It shall come into force at once.
Short title, extent and commencement.
2. In this Regulation, unless the context otherwise requires,—
(a) "Chief Commissioner" means the Chief Commissioner of the Andaman and Nicobar Islands;
(6) "Collector" means the Collector of land revenue in the Islands and includes any other person appointed by the Chief Commissioner to discharge all Definitions.
(95) 96 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II or any of the functions or to exercise all or any of the powers of the Collector under this Regulation in relation to any local area;
(c) "Excise-officer" means any person who may be appointed by the Chief Commissioner to discharge all or any of the functions or to exercise all or any of the powers of an Excise-officer under this Regulation hi relation to any local area;
(d) "Islands" means the Andaman and Nicobar Islands;
(e) "notification" means a notification published in the Official Gazette;
(f) "opium smoker" means a person who smokes prepared opium;
(g) "place" includes a building, house, shop, booth, tent, vessel, raft, vehicle and enclosure, and any part thereof;
(h) "prepared opium" means chandu, madak or any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and includes the dress or other residue remaining after opium is smoked; and
(1) "registered" in relation to any person means registered on or before the thirtieth day of September, 1953, as a smoker of prepared opium in the Islands and deemed under section 3 to have been registered as such under the Regulation.
Validation of certain acts and proceedings.
3- All acts and proceedings which haye been done and taken with respect to registration of opium smokers in the Islands on or before the thirtieth day of September 1953, by the Chief Commissioner or by any person acting under the authority of the Chief Commissioner or otherwise in pursuance of any order or notification made or Issued by the Chief Commissioner before the commencement of this Regulation,, shall be valid and operative, as if such acts and proceedings had been done and taken in accordance with law; and all persons registered in pursuance of any such order or notification made or issued by the Chief Commissioner, shall be deemed to have been registered under this Regulation, as if this Regulation was in force on the date of such order or notification and authorised the registration of opium smokers in the Islands on or before the thirtieth day of September, 1953, in accordance with the provisions of such order or notification.
Smokinglof prepared opium.
4. Whoever, not bemg registered, smokes prepared opium shall be punished for the first offence with Imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and for every such subsequent offence with imprisonment which may extend to one year, or with fine which may extend to one thousand, rupees, or with both.
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5. If any person, not being registered, is found in possession of prepared opium or of any apparatus used for the smoking of, or in the manufacture of, prepared opium, it shall be presumed, until the contrary is proved, that such person smokes prepared opium.
Presumption of smoking prepared opium In certain catea.
6. Whoever manufactures, possesses, barters, sells, keeps or exposes for sale or attempts to sell any prepared opium, or assists any other person whether registered or not, in the manufacture of prepared opium, shall be punished with imprisonment which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
Exception.—Manufacture, or possession for his own use, by a registered opium smoker of prepared opium, not exceeding one tola in .weight or such other lesser quantity as the Chief Commissioner may, by notification, direct, shall not be an offence under this section.
Manufacture, possession or sale of prepared opium.
7. Whoever opens, keeps or uses any place, or permits any place to be used, for the purpose of enabling two or more persons, whether registered or not, to meet together to smoke prepared opium, or has the care of management of or in any way assists In conducting the business of, any place used or kept for the said purpose, shall be punished with Imprisonment which may extend to two years or with fine which may extend to two thousand rupees, or with both.
Keeping «r having charge of place uled for imoking prepared opium.
8. If two or more persons, whether registered or not, assemble In any place for the purpose of smoking prepared opium, each such person shall be punished with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Smoking of prepared opium in AMembly of two or more.
9. If any prepared opium or any apparatus used for smoking, or in the manufacture of, prepared opium, is found in any place where two or more persons, whether registered or not, are assembled, it shall be presumed, until the contrary is proved, that the place is used, and that the persons are present In such place, for the purpose of smoking prepared opium.
Presumption from presence of prepared opium, etc., in certain places.
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