( XXXVIII of 1958)
[5th
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[ 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 [2][
the Punjab];
It is hereby enacted as follows:-
1.
Short title,
extent and commencement. — (1) This Act may be called 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[5]
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 Pakistan9 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, [7][town
committee], 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 [8][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[9]
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[10]
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[11]
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[13] 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:-
19[(aa) The Bombay
(District) Tobacco Act, 1933, in its application to the district of Karachi];
(b)
The Punjab Tobacco Vend Fees Act, 193420;
(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[18]
made under the Punjab Tobacco Vend Fees Act, 193425[25],
in so far as they are consistent with the provisions of this Act, shall be
deemed to be rules made under this Act.
[1] For statement of objects
and reasons, see Gazette of W.P. 1958
(Extraordinary), p.433.
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. 2Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
3Ibid.
[3] Substituted by the West
Pakistan Tobacco Vend (Extension to Karachi) (Amendment) Act, 1964 (XV of
1964).
[4] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[5] 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. 9Now “Punjab”.
[6] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[7] Substituted by the West
Pakistan Tobacco Vend Act (Amendment) Ordinance, 1965 (XXXV of 1965), for
“notified area”.
[8] Inserted by the West
Pakistan Tobacco Vend Act (Amendment) Ordinance, 1959 (IX of 1959).
[9] See rule 5 of the Rules framed under s. 12(1).
[10] See rule 5 of the Rules framed under s. 12(1).
[11] For rules, see Gazette of West Pakistan, 1959, Pt.
I, p.17.
[12] For rules under this
sub-section, see Gazette of West
Pakistan, 1959, Pt. III. pp. 9 to 13.
[13] Now “Punjab”.
[14] Bom. II of 1933. 19Inserted
by the West Pakistan Tobacco Vend (Extension to Karachi) (Amendment) Act, 1964
(XV of 1964). 20Pb. V of 1934.
[15] N.W.F.P. II of 1938.
[16] Pb. V of 1934.
[17]
Reg. II of 1942.
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