THE
(W.P. Ordinance XII of 1959)
C O N T E N T S
Sections
1. Short title and extent.
2. Definitions.
3. Penalty for selling tobacco to juvenile.
4. Seizure of tobacco smoked by a juvenile in a public place.
5. Power to make rules.
6. Repeal.
[1]THE
[2][
(W.P. Ord. XII of 1959)
[
An Ordinance to amend and consolidate
the law relating to prevention of smoking of tobacco by juveniles in the
province of
[3][the
Preamble.—
WHEREAS it is expedient to amend and consolidate the law relating to
prevention of smoking of tobacco by juveniles in the province of
[4][the
Now, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-
1. Short title and extent.—
(1) This Ordinance may be called the
[5][
(2) It extends to the whole of
the Province of
[6][the
2. Definitions.— In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—
(a) “affiliated college”
means any collegiate institution affiliated to any University, Board of
Secondary Education in
[9][the
[10] [(aa) “educational institution” means any institution, whether public or private, dispensing education;]
(b) “Government” means the
[11][Provincial
Government of the
(c) “juvenile” means any person who is under the age of [12][eighteen years];
(d) “public place” includes any public park, garden, railway station, ground, [13][* * *] vehicle [14][or any other place including borstal institutions, reformatories and educational institutions] to which the public for the time being have access, whether on payment or otherwise;
(e) “recognized school”
means any school recognized by any University or the Board of Secondary
Education in
[15][the
(f) “tobacco” means tobacco in any form and includes any smoking mixture intended as a substitute for tobacco.
3. Penalty for selling tobacco to juvenile.— [16][(1) Whoever sells or gives or attempts to sell or give a tobacco to a juvenile, whether for his own use or not, shall be punished in the case of a first offence with fine which may extend to two hundred rupees and in the case of a second offence, in addition to suspension of his licence with fine which may extend to five hundred rupees and in the case of a third or subsequent offence, in addition to cancellation of his licence, with imprisonment which may extend to six months or with fine which may extend to five thousand rupees.; and]
(2) If a person convicted under the last preceding sub-section holds a dealer’s licence under the [17][Punjab] Tobacco Vend Act, 1958[18], his conviction under this section shall be notified by the Magistrate to the District Excise and Taxation Officer concerned so as to enable him to [19][suspend or, as the case may be] cancel the convict’s licence.
[20][3-A. Non-Cognizable offence.– Notwithstanding anything contained in any other law for the time being in force, an offence under this Act shall be non-cognizable, bailable and would be tried summarily under Chapter XXII of Code of Criminal Procedure, 1898 (Act V of 1898).
3-B. Publicity for prohibition of sale of tobacco to juvenile.– Before giving effect to the provisions of section 3, Government shall give wide publicity to the provisions of this Act on the media, including television, radio, national and regional press, in Urdu, English and regional languages or by any other mode as may be prescribed, for a period not less than three months.]
4. Seizure of tobacco smoked by a juvenile in a public place.— If any juvenile be found smoking tobacco in any public place, it shall be lawful for any teacher or proctor of a recognized school or affiliated college or any other person authorised[21] by Government in this behalf, to seize such tobacco and destroy it.
5. Power to make rules.— Government may frame rules for carrying out the purposes of this Ordinance.
6. Repeal.— The following enactments are hereby repealed:-
(a) The
(b) The Punjab Juvenile
Smoking Act, 1918[23],
as applicable to the former state of
(c) The
[1]This Ordinance was promulgated by the Governor of West Pakistan on 21st March, 1959; published in the West Pakistan Gazette (Extraordinary), dated 26th March, 1959; pages 205-207; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).
[2]Substituted
by the
[3]Ibid.
[4]Ibid.
[5]Ibid.
[6]Ibid.
[7]The words “the Federal Capital and”, deleted by the West Pakistan Juvenile Smoking (Amendment) Ordinance, 1962 (XXXII of 1962).
[8]Substituted,
for the words “the Special Areas”, by the West Pakistan Laws (Extension
to
[9]Substituted
by the
[10]Added
by the
[11]Substituted,
for “Government of
[12]Substituted, for the words “sixteen years”, by the Punjab Juvenile Smoking (Amendment) Act 2003 (VII of 2003).
[13]Deleted
by the
[14]Inserted ibid.
[15]Substituted
by the
[16]Substituted
by the
[17]Substituted
by the
[18]W.P. XXXVIII of 1958.
[19]Inserted
by the
[20]Added
by the
[21]For notification authorising persons under this section, see Gazette of West Pakistan, 1960, Pt. I, page 339.
[22]Pb. VII of 1918.
[23]Ibid.
[24]N.W.F.P. II of 1933.
