The ODISHA OPIUM SMOKING ACT, 1947

Orissa Act 16 Of 1947
*THE ORISSA OPIUM SMOKING ACT, 1947
[Received the assent of the Governor on the 13th May 1947, first published in an
extraordinary issue of the Orissa Gazette, dated the 23r d MAy 1947.]
AN ACT TO PROVIDE FOR THE CONTROL OF THE  PRACTICE OF
OPIUM SMOKING AND TO SECURE THE ULTIMATE
PROHIBITION OF OPIUM SMOKING
WHEREAS it is expedient to control the practice of opium smoking, to
prevent the assembling of person for the purpose of such practice and to secure
the ultimate prohibition of opium smoking :-
It is hereby enacted as follows:—
1. Short title and commencement.:- (1) This Act may be called the
Orissa Opium Smoking Act, 1947.
(2) It extends to the whole of the Province of Orissa*.
(3) It shall come into force in the Nawapara Subdivision of the district of
Sambalpur at once. In other areas of the Province the whole Act with the exception
of section 8 shall come into force on such date as the Provincial ‘Government
may, by notification appoint in this behalf. At the expiration of one year after the
said date-
(a) section 8 shall come into force,
(b) section 10 shall have eifect asif the figure ‘8’ were inserted after the
figure ‘7’,
(c) section 12 shall have effect as if the figure ‘8’ were inserted after the
figure ‘7’, and
(d) sub-sections (1) and (2) of section 13 shall have eifect as if the words
“the smoking of opium is carried on in any place or that" were inserted after the
words “has reason to believe that”.
2. Repeal of enactments:-  From the date on which all or any of the
* ‘Extended to all the partially-excluded areas by notification No. 4902, dated the lst July
1947 (Vide Orissa Gazette, dated the 4th July 1947, Part III, page 213).
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 4902 Date : 23rd May 1947
2
provisions of this Act come into force in any local area or areas, the enactment
mentioned against such area or areas in the Schedule l0 this Act shall cease to
be in force in such area or areas.
3. Definitions :- In this Act, unless there is anything repugnantin the
subject or context-
(a) "Collector" includes any officer whom the Provincial Government
may, by notification, declare or appoint to be a Collector for the
purpose of this Act;
(b) "Opium" means chandu, madak and every preparation or admixture
of opium which may be used for smoking and includes dross and
other residues  remaining when opium has been smoked;
(c) “place” includes a building, house, shop, booth, tent, vessel, raft,
vehicle and enclosure, and any part thereof;
(d) “prescribed” means prescribed by rules made under this Act.
4. Opium smoking assembly :- An assembly of two or more persons is
designated an ‘opium smoking assembly’ if the common object of the persons
composing that assembly is to smoke opium or to prepare opium for smoking
purposes.
ExpIanation - An assembly which was not an opium smoking assembly
when it assembled may subsequently become such an assembly.
5. Member of the opium  smoking assembly :- Whoever being aware
of facts which render an assembly an opium smoking assembly intentionally
joins that assembly, or continues therein is said to be a member of that assembly.
6. Presumption from the presence of opium and opium smoking
apparatus :- If in any place where two or more persons are assembled, presence
of there are found opium and any pipe or apparatus for the smoking opium and of
opium or apparatus for the preparation of opium, a Court shall presume, unless
and until the contrary is proved, that such  persons have assembled at such
place for the purpose of smoking ' opium or of preparing opium for smoking
purposes.
7. Penalty for being the member of opium smoking assembly :-
Whoever is as member of an opium smoking assembly  shall be 1[punishable
with imprisonment which may extend to one year or with fine which may extend
to one thousand rupees or with both.]
8. Penalty for smoking opium and for prossessing of opium etc. :-
(1) It shall be an offence for any person-
(a) to possess or smoke opium, or
(b) to possess any pipe or apparatus for the purpose of smoking opium
or of preparing opium for smoking purposes.
1. Substituted vide Orissa Act XI of 1951
3
1[(2) Any person who commits an offence imder sub-section (1) shall ‘he
punishable with imprisonment for a. term which may extend to one your or with
fine which may extend to one thousand rupees or with both ; and any person who
abets such offences shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to five hundred rupees or
with both.]
9. Penalty for openning,keeeping or having charge of place used
for opium smoking assembly :- Whoever opens, keeps or uses any place, or
permits any place to be opened, kept or used for the purposes of an opium
smoking assembly, or has the care or management of, or in any way assists in
condfucting the business of, any place used or kept for the purposes aforesaid
shall be 1[punishable with imprisonment which my extend to one year or with fine
which may extend to one thousand rupees or with both.]
10. Enhancement of punishment on second conviction. :- Whoever
having been previously convicted of an offence punishment under section 7or
section 9 is again convicted of an of fence under this Act shall be liable to be
1[punished with imprisonment for a term which may extend to two years or with
fine may extend to one thousand rupees or with both.]
11. Penalty when owner fails to give notice of use of place for opium
smoking assembly :- Whoever being the owner, occupier or in charge of any
place and knowing or having reason to believe that such place is being or is
about to be used for the purpose of an opium smoking assembly, intentionally
omits, either himself or through his agent or manager, to give the earliest possible
notice of such knowledge or belief to the nearest Magistrate or to the officer-in-
charge of the nearest police-station or to an Excise Officer shall be punishable
with fine which may extend to five hundred rupees.
1[12. Penalty in default of payment of fine :- When fine immposed
under section 7, 9 or 10,convicting Magintrate shall direct the offendor to be
imprisoned in default of payment of fine for a term which may extend to six
months and such imprisonment shall be in excess of any other imprisonment to
which may have boen sentenced.]
13. Search warrents and power to search :- (1) If a Magistrate of the
first or second class upon information received and after such enquiry if any as
he considers necessary has reason to believe that any place is used for the
purposes of an opium smoking assembly or of keeping opium, he may-
(a) enter any such place by day or night with any persons whose
assistance such officer may consider necessary;
(b) search all parts of such place in which such officer has reason to
believe that any opium or any apparatus for the perparation of opium
or for opium smoking is concealed and all or any person he may
find in such place;
(c) arrest any person found in such place whom he has reason to
believe to be guilty of an offence under this Act;
1. Substituted vide Orissa Act XI of 1951
4
(d) seize all opium and apparatus for opium smoking or for preparation
of opium which may be found in such place; or
(e) give an authority by special warrant under his hand, when in his
discretion he shall think it, to any Excise or Police Of ficer, not
being below the rank of Sub-Inspector, authorising him to do any of
the acts specified in clause (a), (b), (0), or (d) of this sub-section.
(2) Whenever any Excise or Police Officer, not being below the rank of a
Sub-Inspector, has reason to believe that any place is used for the purposes of
an opium smoking assembly or of keeping opium and that a search warrant
connot be obtained without affording the offenders an opportunity of escape or of
concealing evidence of the offence, he may after recording the grounds of his
belief do any of the acts specified in clause (a), (b), (c) or (d) of sub-section (1).
14. Application of the Code of Criminal Procedure, 1898, to warrents
and searches. :- The provisions of the Code of Criminal Procedure, 1898, shall
apply to the execution of warrants issued and searches made under section 13.
15. Report to be made in case of arrest or seizure :- Whenever any
officer makes any arrest or seizure under this Act, he shall, within twenty-four
hours next after such arrest or seizure, make a full report of all particulars thereof
to his immediate official superior; and every person arrested and thing seized
shall be forwarded without delay to the officer by whom the warrant was issued or
to the nearest police-station.
16. Bail and Security :- When any person arrested under this Act is
prepared to furnish bail, he shall be released on bail or, at the discretion of the
officer making the arrest, on his own bond.
17. Aid to Excise Officer :- Every Revenue Officer, or Police Of ficer,
every village head man and every village watchman shall be bound to give
reasonable aid to any Excise Officer carrying out the provisions of this Act upon
notice given and request made.
18. Confiscation or destruction of opium and things seized on
conviction.:- On the conviction of any person for an offence under this Act the
Court may order that any opium or any instrument or apparatus in respect of, or
by means of which such offence has been committed or any receptacle, package
or covering in which such opium, instrument or apparatus was found and any
other contents of such receptacle, package or covering shall be confiscated or
destroyed.
19. Confiscation or destruction of opium and  things seized. :- Any
opium or other thing liable to confiscation under the provisions of the Opium Act,
1878, or any other law for the time being in force relating to opium, or any apparatus
for preparation of opium or for opium smoking seized in accordance with the
provisions of this Act shall be confiscated or destroyed.
20. 1[ x x x ]
21. Cognizance of offences :- No Magistrate shall take cognizance of
an offence punishable under this Act except on the complaint or report of the
Collector or an Excise Officer or a Police Officer not being below the rank of a
Sub-Inspector.
1. Deleted vide Orissa Act 40 OF  1975
5
22. Bar of certain Suits. :- No suit shall lie in any Civil Court against the
Crown or any servant of the Crown for any act in good faith done or ordered to be
done in pursuance of this Act.
23. Limitation of suits and prosecutions :- No Civil Court shall try any
suit against the Crown or any servant of the Crown in respect of anything done or
alleged to have been done in pursuance of this Act and no Criminal Court shall
take cognizanceof any offence under this Act against any person unless the suit
or prosecution, as the case may be, is instituted withinsix months from the date
of the act  complained of:
Provided that the Provincial Government may sanction the prosecution of
any person for an offence under this Act even after the expiry of the said period of
six months.
24. Tender of p ardon to accused per on turning approver .:- 1[(1)
Whenever two or more persons are prosecuted for an offeme under this Act, the
provisions relating to tender of pardon ctmtained in section 306 of the (Code of
Criminal Procedure 1973) shall apply, notwithstanding anything to: the contrary
contained in the said Code.]
(2) Such accused person shall, on accepting the tender, be a competent
witness in the case and shall not liable to punishment so long as the pardon
remains in force.
25. Power to make Rules :- (1) The Provincial Government may make
rules to carry out the objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such rules may -
(a) regulate the disposal of things confiscated under this Act ;
(b) prescribe and regulate the payment of rewards out of fines imposed
under this Act.
SCHEDULE
(See section 2)
Area or areas where repealed Enactments repealed  Extent of repeal
1 2 3
The subdivision of The Central Provinces Whole
Nawapara in the Opium Smoking Act,
district of Sambalpur. 1929 (C. P. Act IV of
The disuicts of Cuttack, The Bihar and Orissa Whole
Puri Balasore, Angul Opium Smoking Act,
Khondmals and 1928 (B.&O. Act
Sambaipur excluding of 1928).
Nawapara.
1. Substituted vide Orissa Act 40 OF  1975

‹ Prev All Odisha acts Next ›