TOBACCO VEND ACT, 1958
(W.P. Act XXXVIII of 1958)
1. Short title, extent
3. Prohibition against
dealing in manufactured tobacco without dealer's licence.
4. Grant of dealer's
5. Penalty for
offences under section 3 and for breach of conditions of licence.
6. Powers of
magistrate to direct payment of licence fees in addition to fine.
7. Composition of
8. Officers of the
Excise and Taxation Department to have powers of investigation.
9. Penalty for
vexatious search or arrest.
10. Cognizance of
11. Powers to enter and
12. Powers to make
13. Repeal and Savings.
TOBACCO VEND ACT, 1958
(W.P. Act XXXVIII of
[5 May 1958]
An Act to consolidate the law
relating to the regulation of retail sale of manufactured tobacco in urban
areas in the interest of public health on a uniform basis in the Province of
WHEREAS it is expedient to consolidate the law relating to the regulation of
the retail sale of manufactured tobacco in urban areas in the interest of
public health on a uniform basis in the Province of
It is hereby enacted as follows:-
1. Short title, extent and
commencement.— (1) This Act may be called
Punjab] Tobacco Vend Act, 1958.
[(2) It extends to the
whole of the Province of [the
Punjab] except the Tribal Areas.]
(3) It shall be deemed to have come
into force from the first of April,
2. Definitions.— In this Act, unless
there is anything repugnant in the subject or context—
(a) “Collector” means any
by Government to discharge throughout any specified local area the functions
of a Collector under this Act;
(b) “Commissioner” means
the Head of the Excise and Taxation Department in
and includes any other officer appointed by Government to exercise the
functions and perform the duties of Commissioner under this Act;
“dealer’s licence” means a licence authorising a person to whom it is
granted to sell or keep for sale by retail manufactured tobacco;
(d) “Government” means
Government of the Punjab];
(e) “manufactured tobacco” means
tobacco in any shape or form intended for the purpose of smoking, chewing or
for use as snuff, or any preparation or admixture of tobacco intended for
the said purpose or use, and includes bidis, cigarettes or cigars;
(f) “prescribed” means
prescribed by rules made under this Act;
(g) “tobacco” includes the
leaves, stalks and stem of the tobacco plant (inicotiana rustica and
nicotiana tobacum); and
(h) “urban area” means any area within the limits of a municipality,
committees], cantonment or railway station.
3. Prohibition against dealing in
manufactured tobacco without dealer’s licence.— No person who does not
grow tobacco himself or with the aid of the members of his family or by
tenants or hired labour shall keep for retail sale or sell by retail
manufactured tobacco in any urban area without a dealer’s licence.
4. Grant of dealer’s licence.—
(1) The Collector [or
any person authorised by him in this behalf] may issue a dealer’s licence.
(2) Every such licence shall be
(a) on payment of such
fees and for such period as may be prescribed by Government; and
(b) subject to such conditions and in such form and containing such
particulars as may be prescribed by the Commissioner.
Penalty for offences under section 3 and for breach of conditions of
licence.— (1) Whoever, in
contravention of the provisions of section 3, keeps for sale or sells by
retail manufactured tobacco, or being the holder of a dealer’s licence
commits a breach of any of the conditions subject to which the licence has
been granted shall be punishable with fine which may extend to one hundred
(2) When any person is convicted under
sub-section (1) of a breach of any of the conditions of his licence, the
Collector may suspend or cancel his licence.
6. Powers of magistrate to direct payment
of licence fees in addition to fine.— When any person who does not hold
a dealer’s licence is convicted of an offence under sub-section (1) of
section 5, the magistrate may direct that such person shall pay, in addition
to the fine imposed on him, the fees payable for a dealer’s licence.
7. Composition of offences.— The
Collector or any magistrate authorised by him may accept from any person
against whom a reasonable suspicion exists that he has committed an offence
under this Act, a sum of money not exceeding one hundred rupees by way of
composition for such offence or alleged offence.
8. Officers of the Excise and
Taxation Department to have powers of investigation.—
Every officer of the Excise and Taxation Department not below such rank as
Government may prescribe
shall have the powers of a police officer in charge of a police station and
may investigate offences under this Act without the order of a magistrate
and exercise the same powers in respect of the investigation (except the
power to arrest without warrant) as an officer in charge of a police station
may exercise in a cognizable case.
9. Penalty for vexatious search or
arrest.— Any officer of the Excise and Taxation Department who without
reasonable ground or suspicion enters or searches or causes to be searched
any building or vexatiously and un-necessarily detains, searches or arrests
any person, shall be liable to be punished with imprisonment for a term
which may extend to three months or with fine which may extend to five
hundred rupees or with both.
Cognizance of offences.— No
magistrate shall take cognizance of any offence punishable under this Act
except on the complaint of the Collector or an officer authorised by him in
this behalf, within six months of the date on which the offence is alleged
to have been committed.
11. Powers to enter and inspect.—
Any officer of the Excise and Taxation Department not below such rank as
Government may prescribe
enter and inspect at any time within the hours during which sale is
permitted or at any other time during which the same may be open, any place
in which manufactured tobacco is kept for sale by any person holding a
licence under this Act; and
(b) examine accounts
maintained in such place.
12. Powers to make rules.—
(1) Government may make rules
for carrying out the purposes of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing powers, Government may make
rules for all or any of the following matters, namely:-
(a) prescribing the fees
on payment of which and the period for which a licence under this Act may be
(b) prescribing the rank
of officers of the Excise and Taxation Department for the purposes of
sections 8 and 11;
(c) regulating the
procedure to be followed by officers in the exercise of their powers and
performance of their duties under this Act and prescribing the restrictions
subject to which such powers shall be exercised.
(3) The Commissioner may make
for all or any of the following matters, namely:-
(a) prescribing the
conditions subject to which a licence under this Act may be granted;
(b) prescribing the
particulars to be contained in, and the form of, such licence;
(c) prescribing the manner
in which payment shall be made for such licence fees and the manner in which
such licences shall be issued.
(4) The rules made under this section
shall be published in the official Gazette.
(5) The rules made under this
section shall be laid upon the table of the West Pakistan
Provincial Assembly at the session of the said Assembly next following and
shall be liable to be modified or rescinded by a resolution of the said
13. Repeal and Savings.— (1) The
following enactments are hereby repealed:-
(a) The Bombay
(District) Tobacco Act, 1933,
in its application to the former Province of Sind;
Bombay (District) Tobacco Act, 1933, in its application to the district of
(b) The Punjab
Tobacco Vend Fees Act, 1934;
(c) The North-West
Frontier Province tobacco Vend Fees Act, 1938;
(d) The Punjab
Tobacco Vend Fees Act, 1934
as applicable to the former State of Bahawalpur; and
Baluchistan Tobacco Vend Fees Regulation, 1942.
Notwithstanding the repeal of the enactments mentioned in sub-section (1)
everything done, action taken, obligation, liability, penalty or punishment
incurred, inquiry or proceeding commenced, officer appointed or person
authorised, jurisdiction or power conferred, order or notification issued
under any of the provisions of the said enactments, shall if not
inconsistent with the provisions of this Act, continue in force, and be
deemed to have been respectively done, taken, incurred, commenced,
appointed, authorised, conferred or issued under this Act.
(3) Until rules are made under
this Act the rules
made under the Punjab Tobacco Vend Fees Act, 1934,
in so far as they are consistent with the provisions of this Act, shall be
deemed to be rules made under this Act.