West Pakistan Tobacco Vend Act, 1958

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   THE WEST PAKISTAN TOBACCO VEND ACT, 1958  CONTENTS Preamble 1. Short title, extent and commencement 2. Definitions 3. Prohibition against dealing in manufactured tobacco without dealer’s licence 4. Grant of dealer’s licence 5. Penalty for offences under section 3 and for breach of conditions of licence 6. Powers of Magistrate to direct payment of licence fees in addition to fine 7. Composition of offences 8. Officer of the Excise and Taxation Department to have powers of investigation 9. Penalty for vexatious search or arrest 10. Cognizance of offences 11. Powers to enter and inspect 12. Powers to make rules 13. Repeal and Savings   

 
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THE WEST PAKISTAN TOBACCO VEND ACT, 1958 
WEST PAKISTAN ACT NO. XXXVIII OF 1958 
[30th April, 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 West Pakistan. 
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 West Pakistan; 
It is hereby enacted as follows: — 
 
1. Short title, extent and commencement. (1) This Act may be called the West Pakistan 
Tobacco Vend Act, 1958. 
1[(2) It extends to the whole of the Province of West Pakistan, except the Tribal Areas.] 
(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 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 Pakistan 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; 
(d) “Government” means Government of West Pakistan; 
(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 (nicotiana 
rustica and nicotiana tobacum); and 
 
                                                
1Subs. by the West Pakistan Act No. XV of 1964, s. 2. 
 
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(h) “urban area” means any area within the limits of a municipality, 1[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 2[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. Officer 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 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 unnecessarily detains, searches or arrests any person, shall be liable to be punished  
 
                                                
1Subs. by the West Pakistan Ordinance No. XXXV of 1965, s. 2.  
2Ins. by the West Pakistan Ordinance No. IX of 1959, s. 2. 
 
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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 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 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. 
(3) The Commissioner may make rules for all or any of the following matters, namely:__ 
(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 
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. 
 
 
 
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13. Repeal and Savings. (1) The following enactments are hereby repealed: 
(a) The Bombay (District) Tobacco Act, 1933 (Bombay II of 1933.), in its 
application to the former Province of Sind; 
1[(aa)  The Bombay (District) Tobacco Act, 1933, in its application to the District of 
Karachi.] 
(b) The Punjab Tobacco Vend Fees Act, 1934 (Punjab V of 1934.) ; 
(c) The North-West Frontier Province Tobacco Vend Fees Act, 1938 (N. W. F. P. 
II of 1938.) ;  
(d) The Punjab Tobacco Vend Fees Act, 1934 (Punjab V of 1934.) as applicable to 
the former State of Bahawalpur; and  
(e) The Baluchistan Tobacco Vend Fees Regulation, 1942 (Reg: II of 1942).  
(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 made under the PunjabTobacco Vend Fees 
Act, 1934 (Punjab V of 1934.), in so far as they are consistent with the provision of this Act, shall be 
deemed to be rules made under this Act. 
 
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P5w1585 
 RGN Date: 27-03-2025 
                                                
1Ins. by the West Pakistan Act No. XV of 1964, s. 3.