PROHIBITION OF SMOKING AND PROTECTION OF
NON-SMOKERS HEALTH ORDINANCE, 2002
( LXXIV OF
2002)
[15th
October, 2002]
An
Ordinance
to
provide for prohibition of smoking and other tobacco uses in places of public
work or use and public service vehicles and to protect the health of
non-smokers
Whereas smoking and other tobacco uses
is posing a serious threat to the health of people and the environment it is
expedient to provide for prohibition of smoking and other tobacco uses in
places of public work or use and in public service vehicles and to protect the
health of non-smokers and for matters connected therewith or ancillary thereto;
And whereas the President is satisfied
that circumstances exist which render it necessary to take immediate action;
Now,
therefore, in pursuance of the Proclamation of Emergency of the Fourteenth
day of
October, 1999, and the Provisional Constitution Order No.1
of 1999, read with the Provisional Constitution (Amendment) Order No.9 of 1999,
and in exercise of all powers enabling him in that behalf, the President of the
Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:--
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the Prohibition
of Smoking and Protection of Non-Smokers Health Ordinance, 2002.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force on such date as the Federal
Government may, by notification in the official Gazette, specify.
2.
Definitions.—
In this Ordinance, unless there is anything repugnant in the subject or the
context,--
(a)
"advertisement" means and includes any
notice, circular, wall paper, pamphlet, display on any board or hoarding,
through internet, or any visible representation made by any form of media
whether mechanical, electronic, audio, visual or any other technological means
of any light, sound, smoke, gas, writing instruments, stickers, symbol, colour,
logo, trade marks, display, on articles like T-shirts, shoes, sports wears,
sports gears, caps, carry bags, telephone booths or by any other mean, direct
or indirect, which have, the effect of promoting smoking and other tobacco use
and the expression "advertise" shall be construed accordingly;
(b)
"authorized officer" means a person
authorized under section 4;
(c)
"place of public work or use" means any place
declared as such under section 3 and includes auditoriums, buildings, health
institutions, amusement centres, restaurants, public offices, Court buildings,
cinema halls, conference or seminar halls, eating houses, hotel lounges, other
waiting lounges libraries, bus stations or stands, sports stadiums, educational
institutions, libraries and the like which are visited by general public but
does not include any open place;
(d)
"promotion." includes sponsorship, sampling,
display and use of tobacco brand names, logos and colours on non-tobacco
merchandise which has the effect of promoting smoking and other tobacco use;
(e)
"public service vehicle" means a vehicle as
defined in the Provincial Motor Vehicles Ordinance, 1965 (W.P. Ordinance XIX of
1965), and includes railway train and aeroplanes.
(f)
"rule" means the rule made under this
Ordinance; and
(g)
"smoking" means smoking of tobacco in any
form whether in the form of cigarette, cigar or otherwise with the aid of a
pipe, wrapper or any other instrument.
3.
Powers to
declare no-smoking places of public work of use.— As soon as may be after
the commencement of this Ordinance the Federal Government may from time to
time, by notification in the official Gazette, declare any place of public work
or use to be a no-smoking and no-tobacco use place for the purposes of this
Ordinance.
4.
Power to
authorize.— (1) The Federal Government may, by notification in the official
Gazette, authorize one or more persons who shall be competent to act under this
Ordinance.
(2)
Every person authorized under subsection (1) shall be
deemed to be a public servant within the meaning of section 21 of the Pakistan
Penal Code (Act XLV of 1860).
5.
Prohibition
of smoking and others tobacco use.— No person shall smoke or use tobacco in
any other form in any place of public work or use. The Federal Government may,
however, issue guidelines for permitting designated smoking areas in premises
or places where adequate arrangements are made to protect the health of
non-smokers.
6.
Prohibition
of smoking in public service vehicles.— Without prejudice to the provisions
of the Provincial Motor Vehicle Ordinance, 1965 (W.P. Ordinance XIX of 1965),
no person shall smoke or use tobacco in any other form in a public service
vehicle.
7.
Prohibition
on advertisement of cigarettes, etc.— Notwithstanding anything contained in
any other law for the time being in force, no person or company shall advertise
tobacco and tobacco products on any media or in any place and any public
service vehicle, if such advertisement is not in accordance with guidelines
prescribed for this purpose by a committee which the Federal Government may, by
notification in the official Gazette, constitute.
8.
Prohibition
of sale of cigarettes, etc., to minors.— No person shall sell cigarettes or
any other smoking substance to any person who is below the age of eighteen
years.
9.
Prohibition
of Storage, sale and distribution of cigarettes, etc.— in the immediate
vicinity of educational institutions.— No person shall himself or by any
person on his behalf, store, sell or distribute cigarettes or any other smoking
substance or any other tobacco products within 50 (fifty) meters from any
college, school or educational institution.
10.
Display and
exhibition of board.— The owner or manager or incharge of the affairs of
every place of public work or use shall display and exhibit a board at each
conspicuous place in and outside the premises visited or used by general public
prominently stating that the place is a "No Smoking Zone" and that
"Smoking is an Offence."
11.
Penalties.— Any
person, who contravenes the provisions of—
(a)
sections 5, 6 or 10 shall be punishable with fine which
may extend to one thousand rupees and in case of second or subsequent offence,
shall be punishable with a fine which shall not be less then one thousand
rupees, and may extend to one hundred thousand rupees; and
(b)
sections 7, 8 or 9 shall be punishable with fine which
may extend to five thousand rupees and in case of second or subsequent offence,
shall be punishable with imprisonment which may extend to three months or with
a fine which shall not be less, then one hundred thousand rupees, or with both.
12.
Ejectment of
violaters from any place of public work or use.— Any authorized officer or
a police officer not below the rank of sub-Inspector may eject any person from
any place of public work or use who contravenes the provisions of this
Ordinance.
13.
Cognizance
of offences.— (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898), no Court shall take cognizance of any
offence under this Ordinance except on a complaint in writing by an authorized
officer with respect to an offence under sections 5, 6 and 10 and on a report
to writing by a police officer, not below the rank of subInspector, with
respect to an offence under sections 7, 8 and 9.
14.
Procedures.—
Notwithstanding anything contained in the Code of Criminal Procedure, 1898
( Act V of 1898),–
(a)
an offence under sections 7, 8 and 9 shall be
cognizable and bailable:
(b)
no Court other than Magistrate of the First Class shall
try an offence under this Ordinance;
(c)
a Magistrate trying an offence under this Ordinance
shall have the power to try such offence summarily in accordance with the
procedure laid down for summary trial in the said Code; and
(d)
it shall be lawful for the Magistrate of the First Class
to pass any sentence authorised by this Ordinance.
15.
Power to
delegate.— The Federal Government may, by notification in the official
Gazette, direct that all or any of, its powers under this Ordinance or the
rules shall, subject to such conditions, if any, as may be specified therein
exercisable also by any officer or authority subordinate to the Federal
Government or Provincial Government.
16.
Application
of other laws passed.— The provisions of this Ordinance shall be in
addition to, and not in derogation of, any law for the time being in force.
17.
Power to
make rules.— (1) The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Ordinance.
(2)
The power to make rules conferred by this section
shall, excepts for the first occasion of the exercise thereof, be subject to
the condition of previous publication.
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