(W.P. Act XXXVIII of 1958)
[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 [3][3][the Punjab]
Preamble.— 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 [4][4][the Punjab];
It is
hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called [5][5][the Punjab ] Tobacco Vend
Act, 1958.
(3) It shall be deemed to have come into
force from the first of April, 1958.
2. Definitions.— In this Act, unless there is anything repugnant in the
subject or context—
(a) “Collector” means any officer appointed[8][8] 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 West Pakistan [9][9] and includes any other officer appointed by Government to
exercise the functions and perform the duties of Commissioner under this Act;
(c) “dealer’s
licence” means a licence authorising a person to whom it is granted to sell or
keep for sale by retail manufactured tobacco;
(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, [11][11][town 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 [12][12][or any person authorised by him in this behalf] may issue a
dealer’s licence.
(2) Every such licence shall be granted—
(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.
5. 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 rupees.
(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[13][13]
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.
10. 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[14][14] may—
(a) 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[15][15] 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 granted;
(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.
(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 [17][17] 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 Assembly.
13. Repeal and
Savings.— (1) The following enactments are
hereby repealed:-
(a) The
Bombay (District) Tobacco Act, 1933[18][18], in its application to the former Province
of Sind ;
[19][19][(aa) The Bombay (District) Tobacco Act, 1933, in
its application to the district of Karachi];
(d) The
Punjab Tobacco Vend Fees Act, 1934[22][22] as applicable to the former State of Bahawalpur ;
and
(2) 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[24][24] made under the Punjab Tobacco Vend
Fees Act, 1934[25][25], in so far as they are consistent
with the provisions of this Act, shall be deemed to be rules made under this
Act.
This Act was passed by the W.P. Assembly on 3rd April, 1958:;
assented to by the Governor of W.P. on 30th April, 1958; and, published in the
W.P. Gazette (Extraordinary), dated 5th May, 1958, pages.791-95.
[2][2]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan ”.
[6][6]Substituted
by the West Pakistan Tobacco Vend (Extension to Karachi )
(Amendment) Act, 1964 (XV of 1964).
[7][7]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan ”.
[8][8]Every Deputy
Director and Assistant Director of Excise and Taxation has been authorised to
discharge the duties of a Collector under this section, see Gazette of West Pakistan, 1959, Pt. I, p.59.
[10][10]Substituted
by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan ”.
[11][11]Substituted
by the West Pakistan Tobacco Vend Act (Amendment) Ordinance, 1965 (XXXV of
1965), for “notified area”.
[19][19]Inserted by
the West Pakistan Tobacco Vend (Extension to Karachi )
(Amendment) Act, 1964 (XV of 1964).
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