( XII of
1959)
[26th
March, 1959]
An
Ordinance
to amend and consolidate
the law relating to prevention of smoking of tobacco by juveniles in the province
of [3][the Punjab]
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 Punjab];
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][Punjab]
Juvenile Smoking Ordinance, 1959.
(2) It extends to the whole of the Province
of [6][the
Punjab] except [7][*
* *] [8][the
Tribal Areas.]
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 Punjab];
[10][(aa)
“educational institution” means any institution, whether public or private,
dispensing education;]
(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
Punjab] or by the Education Department of Government; and
(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.]
(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 Punjab Juvenile
Smoking Act, 1918[22].
[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).
Substituted by the Punjab Laws (Adaptation)
Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[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 Karachi)
Ordinance, 1964 (VII of 1964).
[9] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[10] Added by the Punjab
Juvenile Smoking (Amendment) Act 2003 (VII of 2003).
[11] Substituted, for
“Government of West Pakistan”, by the Punjab Laws (Adaptation) Order, 1974 (Pb.
A.O. 1 of 1974)..
[12] Substituted, for the
words “sixteen years”, by the Punjab Juvenile Smoking (Amendment) Act 2003 (VII
of 2003).
[13] Deleted by the Punjab
Juvenile Smoking (Amendment) Act 2003 (VII of 2003).
[14] Inserted ibid.
[15] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[16] Substituted by the Punjab
Juvenile Smoking (Amendment) Act 2003 (VII of 2003).
[17] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”..
[18] W.P. XXXVIII of 1958.
[19] Inserted by the Punjab
Juvenile Smoking (Amendment) Act 2003 (VII of 2003).
[20] Added by the Punjab
Juvenile Smoking (Amendment) Act 2003 (VII of 2003).
[21] For notification
authorising persons under this section, see
Gazette of West Pakistan, 1960, Pt. I, page 339.
[24] N.W.F.P. II of 1933.
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