The Juvenile Smoking Ordinance

(X11 OF 1959)

( This Ordinance was promulgated by the Governor of W. P. on 21st March. 1959; published in the W. P. Gazette (Extraordinary), dated 26th March, 1959; pages 205‑207 saved and given perma nent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).)

[26th March, 1959]

An Ordinance to amend and consolidate the law relating to pre venation of smoking of tobacco by juveniles in the province of West Pakistan

**Preamble:**Whereas it is expedient to amend and consolidate the law relating to prevention of smoking of tobacco by juveniles in the pro vince of West Pakistan.

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 pro mulgate the following Ordinance :‑‑‑

1. Short title and extent: (1) This Ordinance may be called the Juvenile Smoking Ordinance; 1959.

(2) It extends to the whole of the Province of the Punjab except the Tribal Areas,

2. Definitions: In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby res pectively assigned to them, that is to say-‑

(a) Affiliated college" means any collegiate institution affiliated to any University, Board of Secondary Education in the Punjab ;

(b) Government means the Provincial Government of the Punjab ;

(c) Juvenile" means any person who is under the age of sixteen years;

(d) Public place" Includes any public park, garden, railway station, ground or vehicle to which the public for the time being have access, whether on payment or otherwise ;

(e) recognized school" means any school recognized by any Uni versity or the Board of Secondary Education in 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: (1)‑ Whoever sells or gives or attempts to sell or give 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 twenty rupees and in the case of a second offence with fine which may extend to fifty rupees and in the case of a third or subsequent offence with fine which may extend to one hundred rupee.

(2) If a person convicted under the last preceding sub‑section holds a dealer's licence under the Punjab Tobacco Vend Act. 1958 (West Pakistan XXXVIII of 1958), this conviction under this section shall be notified by the Magistrate to the District Excise and Taxation Officer con cerned so as to enable him to cancel the convict's licence.

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 authorized by Government in this behalf, 't0 seize such tobacco and destroy it.

5. Power to make rules: Government may frame rules for carry ing out the purposes of this Ordinance.

6. Repeal: The following enactments are hereby repealed‑:‑

(a) The Punjab Juvenile Smoking Act, 1.918, (Punjab VII of 1918)

(b) The Punjab Juvenile Smoking Act. 1918 (Punjab VII of 1918) as applicable to the former state of Bahawalpur ,

(c) The North‑West Frontier Province Juvenile Smoking Act. 1933 (N.‑W. F. P. 11 of 1933).

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