PUNJAB TOBACCO VEND ACT, 1958

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THE PUNJAB TOBACCO VEND ACT, 1958 
(XXXVIII of 1958) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Prohibition against dealing in manufa ctured 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 Ma gistrate 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. 
 
 
 
TEXT 
1
THE 
2
[PUNJAB] TOBACCO VEND ACT, 1958 
(XXXVIII of 1958) 
[5 May 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 
3
[the Punjab]. 
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 
4
[the Punjab]; 
 It is hereby enacted as follows:– 
1. Short title, extent and commencement .– (1) This Act may be called the 
5
[Punjab] Tobacco Vend Act, 1958. 
 
6
[(2) It extends to the whole of the Province of 
7
[the Punjab] , 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
8
 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
1
 and includes any other officer appointed 
                                                           
1For Statement of Objects and Reasons, see Gazette of West Pakistan 1958 (Extraordinary), p. 433. This Act was passed by 
the West Pakistan Assembly on April 3, 1958, assented to by the Governor of West Pakistan on April 30, 1958, published in the 
Gazette of West Pakistan (Extraordinary), dated May 5, 1958, pp. 791-795. 
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P unjab Order 1 of 1974)  (w.e.f. 
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read 
with Schedule, Part III, Entry No. 15.  
3Ibid. 
4Ibid.  
5Ibid.  
6Substituted by the West Pakistan Tobacco Vend (Extension to Karachi) (Amendment) Act, 1964 (XV of 1964), published in the 
Gazette of West Pakistan (Extraordinary), dated March 24, 1964, pp. 951-952, s. 2. 
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P unjab Order 1 of 1974)  (w.e.f. 
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read 
with Schedule, Part III, Entry No. 15.  
8Every Deputy Director and Assistant Director of Excise and Taxation has been authorised to discharge the duties of a 
Collector under this section  vide Notification No. EX -IV/2/1-58, dated January 10 , 1959, published in the Gazette of West 
Pakistan, Part I, dated January 23, 1959, p. 59.  
by Government to exercise the functions and p erform 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 
2
[Provincial Government of the Punjab]; 
(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  
(h) “urban area” means any area within the limits of a municipality, 
3
[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  
4
[or any person autorised 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 t o 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 
                                                                                                                                                                                     
1Now “Punjab”.  
2Substituted for the words “ Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P unjab Order 1 of 
1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, 
Article 2(1) read with Schedule, Part III, Entry No. 15.  
3Substituted for the words “notified area” by the West Pakistan Tobacco Vend Act (Amendment) Ordinance,  1965 (XXXV of 
1965), published in the Gazette of West Pakistan (Extraordinary), dated November 11, 1965, pp. 5737-5738, s. 2.  
4Inserted by the West Pakistan Tobacco Vend Act (Amendment) Ordinance,  1959 (IX of 1959), published in the Gazette of 
West Pakistan (Extraordinary), dated March 25, 1959, p. 197, s. 2. 
offence under sub -section (1) of section 5, the Magistrate may direct that such 
person shall pa y, 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 a n 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
1
 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 th e 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 un necessarily 
detains, searches or arrests any person, shall be liable to be punished with 
imprisonment for a term which may extend to three months or with fin e 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, withi n 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
2
 may– 
(a) enter and inspect at any time wit hin 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
3
 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; 
                                                           
1See rule 5 of the Rules framed under section 12(1).  
2See rule 5 of the Rules framed under section 12(1). 
3For rules, see Gazette of West Pakistan, 1959, Part I, P. 17. 
(b) prescribing the rank of officers of the Excise and Taxation Department 
for the purposes of sections 8 and 11; 
(c) regulating the proce dure 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
1
 for all or any of the fol lowing 
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 f or 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
2
 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. 
13. Repeal and Savings.– (1) The following enactments are hereby repealed: 
(a) The Bombay (District) Tobac co Act, 1933
3
, in its application to the 
former Province of Sind; 
4
[(aa) The Bombay (District) Tobacco Act, 1933, in its application to the 
District of Karachi]; 
(b) The Punjab Tobacco Vend Fees Act, 1934
5
; 
(c) The North-West Frontier Province Tobacco Vend Fees Act, 1938
6
; 
(d) The Punjab Tobacco Vend Fees Act, 1934
7
 as applicable to the former 
State of Bahawalpur; and  
(e) The Baluchistan Tobacco Vend Fees Regulation, 1942
8
. 
 (2) Notwithstanding the repeal of the enactments mentioned in sub -section 
(1) everything done, action taken, obligation, liability, penalty or punishment incurred, 
                                                           
1The West Pakistan Tobacco Vend (Forms and Conditions of Licences) Rules, 1958, issued vide Notification No. 5738/T, dated 
December 27, 1958, published in the Gazette of West Pakistan, Part III, dated January 2, 1959, pp. 9-13.  
2Now “Punjab”. 
3Bombay II of 1933.  
4Inserted by the West Pakistan Tobacco Vend (Extension to Karachi) (Amendment) Act,  1964 (XV of 1964), published in the 
Gazette of West Pakistan (Extraordinary), dated March 24, 1964, pp. 951-952, s. 3. 
5Punjab V of 1934.  
6N.W.F.P II of 1938.  
7Punjab V of 1934.  
8Reg. II of 1942.  
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
1
 made under the Punjab 
Tobacco Vend Fees Act, 1934
2
, in so far as they are consistent with the provisions of 
this Act, shall be deemed to be rules made under this Act. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1See the Punjab Tax Manual, Vol. I. 
2Punjab V of 1934.