PROHIBITION OF SMOKING AND PROTECTION OF NON-SMOKERS HEALTH ORDINANCE 2002

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THE PROHIBITION OF SMOKING AND PROTECTION OF 
NON-SMOKERS HEALTH ORDINANCE, 2002 
(LXXIV of 2002) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Powers to declare no-smoking places of public work of use 
4. Power to authorize 
5. Prohibition of smoking and other tobacco use 
6. Prohibition of smoking in public service vehicles 
7. Prohibition on advertisement of cigarettes, etc 
8. Prohibition of sale of cigarettes, etc., to minors 
9. Prohibition of Storage, sale and distribution of cigarettes, etc., in the 
immediate vicinity of educational institutions 
10. Display and exhibition of board 
11. Penalties 
12. Ejectment of violators from any place of public work or use 
13. Cognizance of offences 
14. Procedures 
15. Power to delegate 
16. Application of other laws passed 
17. Power to make rules 
TEXT 
1
THE PROHIBITION OF SMOKING AND PROTECTION OF NON-SMOKERS 
HEALTH ORDINANCE, 2002 
(LXXIV of 2002) 
[15th October, 2002] 
An 
Ordinance 
to provide for prohibition of smoking and other tobacco uses in places of public work 
or use and public service vehicles and to protect the health of non-smokers 
 WHEREAS smoking and other tobacco uses is posing a serious threat to the 
health of people and the environment it is expedient to provide for prohibition of 
smoking and other tobacco uses in places of public work or use and in public service 
vehicles and to protect the health of non -smokers and for matters connected 
therewith or ancillary thereto; 
AND WHEREAS  the President is satisfied that circumstances exist which 
render it necessary to take immediate action; 
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the 
fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 
1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and 
in exercise of all powers enabling him in that behalf, the President of the Islamic 
Republic of Pakistan is pleased to make and promulgate the following Ordinance:–  
1. Short title, extent and commencement .– (1) This Ordinance may be called 
the Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force on such date as the Federal Government may, 
by notification in the official Gazette, specify. 
2. Definitions.– In this Ordinance, unless there is anything repugnant in the 
subject or the context,– 
(a) "advertisement" means and includes any notice, circular, wall paper, 
pamphlet, display on any board or hoarding, through internet, or any 
visible representation made by any form of media whether mechanical, 
electronic, audio, visual or any other technological means of any light, 
sound, smoke, gas, writing instru ments, stickers, symbol, colour,  logo, 
trade marks, display on articles like T -shirts, shoes, sports we ars, 
sports gears, caps, carry bags, telephone booths or by any other 
mean, direct or indirect, which have the effect of promoting smoking 
and other tobacco use and the expression "advertise" shall be 
construed accordingly; 
(b) "authorized officer" means a person authorized under section 4; 
                                                           
1This Ordinance was promulgated by the President of Pakistan; and was published in the Gazette of Pakistan (Extraordinary), 
dated 15th October, 2002, Pages 1309-1321. 
(c) "place of public work or use" means any place declared as such under 
section 3 and includes auditoriums, buildings, health institutions, 
amusement centres, restaurants, public offices, Court buildi ngs, 
cinema halls, conference or  seminar halls, eating houses, hotel 
lounges, other waiting lounges libraries, bus stations or stands, sports 
stadiums, educational institutions, libraries and the like which are 
visited by general public but does not include any open place; 
(d) "promotion" includes sponsorship, sampling, display and use of 
tobacco brand names, logos and colours on non -tobacco merchandise 
which has the effect of promoting smoking and other tobacco use; 
(e) "public service vehicle" means a vehicle as defined in the Provincial 
Motor Vehicles Ordinance, 1965 (W.P. Ordinance XIX of 1965), and 
includes railway train and aeroplanes. 
(f) "rule" means the rule made under this Ordinance; and 
(g) "smoking" means smoking of tobacco in any form whether in the form 
of cigarette, cigar or otherwise with the aid of a pipe, wrapper or any 
other instrument. 
3. Powers to declare no-smoking places of public work of use .– As soon as 
may be after the commencement of this Ordinance the Federal G overnment may 
from time to time,  by notification in the official Gazette, declare any place  of public 
work or use to be a n o-smoking and no -tobacco use place for the purposes of this 
Ordinance. 
4. Power to authorize.– (1) The Federal Government may, by notification in the 
official Gazette, authorize one or more persons who shall be competent to act under 
this Ordinance. 
(2) Every person authorized under subsection (1) shall be deemed to be a 
public servant within the meaning of section 21 of the Pakistan Penal Code (Act XLV 
of 1860). 
5. Prohibition of smoking and other tobacco use .– No person shall smoke or 
use tobacco in any other form in any place of public work or use.  The Federal 
Government may however issue guidelines for permitting designated smoking areas 
in premises or places where adequat e arrangements are made to protect the health 
of non-smokers. 
6. Prohibition of smoking in public service vehicles .– Without prejudice to 
the provisions of the Provincial Motor Vehicle Ordinance, 1965 (W.P. Ordinance XIX 
of 1965), no person shall smoke or use tobacco in any other form in a public service 
vehicle. 
7. Prohibition on advertisement of cigarettes, etc .– Notwithstanding anything 
contained in any other law for the time being in force, no person or company shall 
advertise tobacco and tobacco products on any media or in any place and any public 
service vehicle, if such advertisement is not in accordance with guidelines prescribed 
for this purpose by a committee which the Federal Government may, by notification 
in the official Gazette, constitute.  
8. Prohibition of sale of cigarettes, etc., to minors .– No person shall sell 
cigarettes or any other smoking substance to any person who is below the age of 
eighteen years. 
9. Prohibition of Storage, sale and distribution of cigarettes, etc ., – in the 
immediate vicinity of educational institutions.– No person shall himself or by any 
person on his behalf, store, sell or distribute cigarettes or any other smoking 
substance or any other tobacco products within 50 (fifty) meters from any college, 
school or educational institution. 
10. Display and exhibition of board .– The owner or manager or incharge of the 
affairs of every place of public work or use shall display and exhibit a board at each 
conspicuous place in and outside the premises visited or used by general  public 
prominently stating that the place is a "No Smoking Zone" and that "Smoking is an 
Offence". 
11. Penalties.– Any person, who contravenes the provisions of– 
(a) sections 5, 6 or 10 shall be punishable with fine which may extend to 
one thousand rupees  and in case of second or subsequent offence, 
shall be punishable with a fine which shall not be less then one 
thousand rupee s, and may extend to one hundred thousand rupees; 
and 
(b) sections 7, 8 or 9 shall be punishable with fine which may extend to 
five thousand rupees and in case of second or subsequent offence, 
shall be punishable with imprisonment which may extend to three 
months or with a fine which shall not be less then one hundred 
thousand rupees, or with both. 
12. Ejectment of violators from any place of public work or use .– Any 
authorized officer or a police officer not below the rank of sub -Inspector may eject 
any person from any place of public work or use who contravenes the provisions of 
this Ordinance.  
13. Cognizance of offences .– (1) Notwi thstanding anything contained in the 
Code of Criminal Procedure, 1898 (Act V of 1898), no court shall take cognizance of 
any offence under this Ordinance except on a complaint in writing by an authorized 
officer with respect to an offence under sections 5,  6 and 10 and on a report in 
writing by a police officer, not below the rank of sub -inspector, with respect to an 
offence under sections 7, 8 and 9. 
14. Procedures.– Notwithstanding anything contained in the Code of Criminal 
Procedure, 1898 (Act V of 1898),– 
(a) an offence under sections 7, 8 and 9 shall be cognizable and bailable; 
(b) no court other than Magistrate of the first class shall try an offence 
under this Ordinance; 
(c) a Magistrate trying an offence under this Ordinance shall have the 
power to try such offence summarily in accordance with the procedure 
laid down for summary trial in the said Code; and 
(d) it shall be lawful for the Magistrate of the first class to pass any 
sentence authorised by this Ordinance. 
15. Power to delegate .– The Federal  Government may, by notification in the 
official Gazette, direct that all or any of its powers under this Ordinance or the rules 
shall, subject to such conditions, if any, as may be specified therein , be exercisable 
also by any officer or authority subordi nate to the Federal Government or Provincial 
Government. 
16. Application of other laws passed .– The provisions of this Ordinance shall 
be in addition to, and not in derogation of, any law for the time being in force. 
17. Power to make rules .– (1) The Feder al Government may, by notification in 
the official Gazette, make rules for carrying out the purposes of this Ordinance. 
(2) The power to make rules conferred by this section shall, excepts for the 
first occasion of the exercise thereof, be subject to the c ondition of previous 
publication.