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Pakistan (Punjab) Legislation |
THE
(W.P. Ordinance XII of 1959)
C O N T E N T S
Sections
1. Short title and extent.
2. Definitions.
3. Penalty for selling tobacco to juvenile.
4. Seizure of tobacco smoked by a juvenile in a public place.
5. Power to make rules.
6. Repeal.
[1]THE [2][
(W.P. Ord. XII of 1959)
[
An Ordinance to amend and consolidate the
law relating to prevention of smoking of tobacco by juveniles in the province
of
[3][the
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
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][
(2) It
extends to the whole of the Province of
[6][the
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
[10]
[(aa) "educational
institution" means any institution, whether public or private, dispensing
education;]
(b) "Government"
means the
[11][Provincial
Government of the
(c) "juvenile" means any person who is under the age of [12][eighteen years];
(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
(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.; and]
(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
(b) The
Punjab Juvenile Smoking Act, 1918[23],
as applicable to the former state of
(c) The
[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).
[2]Substituted by the
[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
[9]Substituted by the
[10]Added by the
[11]Substituted, for "Government
of
[12]Substituted, for the words
"sixteen years", by the Punjab Juvenile Smoking (Amendment) Act 2003 (VII of
2003).
[13]Deleted by the
[14]Inserted ibid.
[15]Substituted by the
[16]Substituted by the
[17]Substituted by the
[18]W.P. XXXVIII of 1958.
[19]Inserted by the
[20]Added by the
[21]For notification authorising persons under this section, see Gazette of West Pakistan, 1960, Pt.
I, page 339.
[22]Pb. VII of 1918.
[23]Ibid.
[24]N.W.F.P. II of 1933.
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