1960
( IV of
1960)
[6th
February, 1960]
An
Ordinance
to
prohibit smoking in cinema houses in the province of 3[the Punjab]
Preamble.— WHEREAS it is expedient to prohibit
smoking in cinema houses in the province of [3][
the Punjab];
Now, THEREFORE, in pursuance of the
Presidential Proclamation of the seventh 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 [4][Punjab]
Prohibition of Smoking in Cinema Houses Ordinance, 1960.
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)
“cinema house” means any building, tent, or any roofed
and enclosed structure used ordinarily for the exhibition to the public,
whether on payment or otherwise, of cinematographic films;
(c)
“management” means the person or persons responsible
for managing a performance, demonstration or exhibition in a cinema house.
3.
Penalty for
smoking in cinema houses.— Whoever smokes, during any performance,
demonstration or exhibition, in any part of a cinema house reserved for the
audience or the spectators, shall be punished with fine which may extend to one
hundred rupees.
Explanation— For the purpose of this section, a
performance, demonstration or exhibition shall be deemed to commence when the
audience or the spectators have entered the cinema house to witness the
performance, demonstration or exhibition therein and to continue until they
have left the house after the final closing of the performance, demonstration
or exhibition.
4.
Power to
arrest without warrant.— Any police officer, not below the rank of Sub-Inspector,
may arrest without warrant any person who in his presence commits an offence
punishable under section 3, but shall release him on his personal bond for
attendance before a magistrate on a specified date.
5.
Management
to post notices or exhibit slides.— (1) The management shall bring to the
notice of the audience or the spectators, by posting notices prominently or by
exhibiting slides, that any person smoking during a performance, demonstration
or exhibition, in any part of a cinema house reserved for the audience or
spectators, shall be liable to arrest without warrant and to fine.
(2) Whoever
contravenes the provisions of sub-section (1) shall be punished with fine which
may extend to one hundred rupees.
6.
Power to
exempt.— The [7][Executive
District Officer (Health)] or any officer authorised by him in this behalf,
may, by general or special order in writing, direct that the provisions of this
Ordinance shall not apply in respect of any cinema house or any performance,
demonstration or exhibition therein.
7.
Power to
make rules.— Government may make rules for carrying out the purposes of
this Ordinance.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on 4th Feb., 1960; published in
the West Pakistan Gazette
(Extraordinary),
dated 6th Feb., 1960, pages 885-86; saved and given permanent effect by Article
225 of the Constitution of the Islamic Republic of Pakistan (1962).
[2] Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
3
Ibid.
[3]
Ibid.
[5]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”.
[6] Substituted by the
Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
West Pakistan”.\
[7] Substituted for the
words “district magistrate” by the Punjab Prohibition of Smoking in Cinema
Houses (Amendment) Ordinance, 2001 (LII of 2001), which will remain in force
under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article
4, notwithstanding the maximum limit of three months prescribed under Article
128 of the Constitution of the Islamic Republic of Pakistan.
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