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  "title": "PUNJAB TOBACCO VEND ACT, 1958",
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  "text": "THE PUNJAB TOBACCO VEND ACT, 1958 \r\n(XXXVIII of 1958) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Prohibition against dealing in manufa ctured tobacco without dealer’s \r\nlicence. \r\n4. Grant of dealer’s licence. \r\n5. Penalty for offences under section 3 and for breach of conditions of \r\nlicence. \r\n6. Powers of Ma gistrate to direct payment of licence fees in addition to \r\nfine. \r\n7. Composition of offences. \r\n8. Officer of the Excise and Taxation Department to have powers of \r\ninvestigation. \r\n9. Penalty for vexatious search or arrest. \r\n10. Cognizance of offences. \r\n11. Powers to enter and inspect. \r\n12. Powers to make rules. \r\n13. Repeal and Savings. \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] TOBACCO VEND ACT, 1958 \r\n(XXXVIII of 1958) \r\n[5 May 1958] \r\nAn \r\nAct \r\nto consolidate the law relating to the regulation of retail sale of manufactured tobacco \r\nin urban areas in the interest of public health on a uniform basis in the Province of \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to consolidate the law relating to the \r\nregulation of the retail sale of manufactured tobacco in urban areas in the interest of \r\npublic health on a uniform basis in the Province of \r\n4\r\n[the Punjab]; \r\n It is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\n5\r\n[Punjab] Tobacco Vend Act, 1958. \r\n \r\n6\r\n[(2) It extends to the whole of the Province of \r\n7\r\n[the Punjab] , except the \r\nTribal Areas.] \r\n (3) It shall be deemed to have come into force from the first of April, 1958. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext– \r\n(a) “Collector” means any officer appointed\r\n8\r\n by Government to discharge \r\nthroughout any specified local area the functions of a Collector under \r\nthis Act; \r\n(b) “Commissioner” means the Head of the Excise and Taxation \r\nDepartment in West Pakistan\r\n1\r\n and includes any other officer appointed \r\n                                                           \r\n1For Statement of Objects and Reasons, see Gazette of West Pakistan 1958 (Extraordinary), p. 433. This Act was passed by \r\nthe West Pakistan Assembly on April 3, 1958, assented to by the Governor of West Pakistan on April 30, 1958, published in the \r\nGazette of West Pakistan (Extraordinary), dated May 5, 1958, pp. 791-795. \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P unjab Order 1 of 1974)  (w.e.f. \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read \r\nwith Schedule, Part III, Entry No. 15.  \r\n3Ibid. \r\n4Ibid.  \r\n5Ibid.  \r\n6Substituted by the West Pakistan Tobacco Vend (Extension to Karachi) (Amendment) Act, 1964 (XV of 1964), published in the \r\nGazette of West Pakistan (Extraordinary), dated March 24, 1964, pp. 951-952, s. 2. \r\n7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P unjab Order 1 of 1974)  (w.e.f. \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read \r\nwith Schedule, Part III, Entry No. 15.  \r\n8Every Deputy Director and Assistant Director of Excise and Taxation has been authorised to discharge the duties of a \r\nCollector under this section  vide Notification No. EX -IV/2/1-58, dated January 10 , 1959, published in the Gazette of West \r\nPakistan, Part I, dated January 23, 1959, p. 59.  \r\nby Government to exercise the functions and p erform the duties of \r\nCommissioner under this Act; \r\n(c) “dealer’s licence” means a licence authorising a person to whom it is \r\ngranted to sell or keep for sale by retail manufactured tobacco; \r\n(d) “Government” means \r\n2\r\n[Provincial Government of the Punjab]; \r\n(e) “manufactured tobacco” means tobacco in any shape or form intended \r\nfor the purpose of smoking, chewing or for use as snuff, or any \r\npreparation or admixture of tobacco intended for the said purpose or \r\nuse, and includes bidis, cigarettes or cigars; \r\n(f) “prescribed” means prescribed by rules made under this Act; \r\n(g) “tobacco” includes the leaves, stalks and stem of the tobacco plant \r\n(nicotiana rustica and nicotiana tobacum); and  \r\n(h) “urban area” means any area within the limits of a municipality, \r\n3\r\n[town \r\ncommittee], cantonment or railway station. \r\n3. Prohibition against dealing in manufactured tobacco without dealer’s \r\nlicence.– No person who does not grow tobacco himself or with the aid of the \r\nmembers of his family or by tenants or hired labour shall keep for retail sale or sell by \r\nretail manufactured tobacco in any urban area without a dealer’s licence. \r\n4. Grant of dealer’s licence .– (1) The Collector  \r\n4\r\n[or any person autorised by \r\nhim in this behalf] may issue a dealer’s licence. \r\n (2) Every such licence shall be granted– \r\n(a) on payment of such fees and for such period as may be prescribed by \r\nGovernment; and \r\n(b) subject to such conditions and in such form and containing such \r\nparticulars as may be prescribed by the Commissioner. \r\n5. Penalty for offences under section  3 and for breach of conditions of \r\nlicence.– (1) Whoever, in contravention of the provisions of section 3, keeps for sale \r\nor sells by retail manufactured tobacco, or being the holder of a dealer’s licence \r\ncommits a breach of any of the conditions subject t o which the licence has been \r\ngranted shall be punishable with fine which may extend to one hundred rupees. \r\n (2) When any person is convicted under sub -section (1) of a breach of any \r\nof the conditions of his licence, the Collector may suspend or cancel his licence. \r\n6. Powers of Magistrate to direct payment of licence fees in addition to \r\nfine.– When any person who does not hold a dealer’s licence is convicted of an \r\n                                                                                                                                                                                     \r\n1Now “Punjab”.  \r\n2Substituted for the words “ Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (P unjab Order 1 of \r\n1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, \r\nArticle 2(1) read with Schedule, Part III, Entry No. 15.  \r\n3Substituted for the words “notified area” by the West Pakistan Tobacco Vend Act (Amendment) Ordinance,  1965 (XXXV of \r\n1965), published in the Gazette of West Pakistan (Extraordinary), dated November 11, 1965, pp. 5737-5738, s. 2.  \r\n4Inserted by the West Pakistan Tobacco Vend Act (Amendment) Ordinance,  1959 (IX of 1959), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated March 25, 1959, p. 197, s. 2. \r\noffence under sub -section (1) of section 5, the Magistrate may direct that such \r\nperson shall pa y, in addition to the fine imposed on him, the fees payable for a \r\ndealer’s licence. \r\n7. Composition of offences .– The Collector or any Magistrate authorised by \r\nhim may accept from any person against whom a reasonable suspicion exists that \r\nhe has committed a n offence under this Act, a sum of money not exceeding one \r\nhundred rupees by way of composition for such offence or alleged offence. \r\n8. Officer of the Excise and Taxation Department to have powers of \r\ninvestigation.– Every officer of the Excise and Taxation  Department not below such \r\nrank as Government may prescribe\r\n1\r\n shall have the powers of a police officer in \r\ncharge of a police station and may investigate offences under this Act without the \r\norder of a Magistrate and exercise the same powers in respect of th e investigation \r\n(except the power to arrest without warrant) as an officer in charge of a police station \r\nmay exercise in a cognizable case. \r\n9. Penalty for vexatious search or arrest .– Any officer of the Excise and \r\nTaxation Department who without reasonable  ground or suspicion enters or \r\nsearches or causes to be searched any  building or vexatiously and un necessarily \r\ndetains, searches or arrests any person, shall be liable to be punished with \r\nimprisonment for a term which may extend to three months or with fin e which may \r\nextend to five hundred rupees or with both. \r\n10. Cognizance of offences .– No Magistrate shall take cognizance of any \r\noffence punishable under this Act except on the complaint of the Collector or an \r\nofficer authorised by him in this behalf, withi n six months of the date on which the \r\noffence is alleged to have been committed. \r\n11. Powers to enter and inspect .– Any officer of the Excise and  Taxation \r\nDepartment not below such rank as Government may prescribe\r\n2\r\n may– \r\n(a) enter and inspect at any time wit hin the hours during which sale is \r\npermitted or at any other time during which the same may be open, any \r\nplace in which manufactured tobacco is kept for sale by any person \r\nholding a licence under this Act; and \r\n(b) examine accounts maintained in such place. \r\n12. Powers to make rules.– (1) Government may make rules\r\n3\r\n for carrying out the \r\npurposes of this Act. \r\n (2) In particular, and without prejudice to the generality of the foregoing \r\npowers, Government may make rules for all or any of the following matters, namely:– \r\n(a) prescribing the fees on payment of which and the period for which a \r\nlicence under this Act may be granted; \r\n                                                           \r\n1See rule 5 of the Rules framed under section 12(1).  \r\n2See rule 5 of the Rules framed under section 12(1). \r\n3For rules, see Gazette of West Pakistan, 1959, Part I, P. 17. \r\n(b) prescribing the rank of officers of the Excise and Taxation Department \r\nfor the purposes of sections 8 and 11; \r\n(c) regulating the proce dure to be followed by officers in the exercise of \r\ntheir powers and performance of their duties under this Act and \r\nprescribing the restrictions subject to which such powers shall be \r\nexercised. \r\n (3) The Commissioner may make rules\r\n1\r\n for all or any of the fol lowing \r\nmatters, namely:– \r\n(a) prescribing the conditions subject to which a licence under this Act may \r\nbe granted; \r\n(b) prescribing the particulars to be contained in, and the form of, such \r\nlicence; \r\n(c) prescribing the manner in which payment shall be made f or such \r\nlicence fees and the manner in which such licences shall be issued. \r\n (4) The rules made under this section shall be published in the Official \r\nGazette. \r\n (5) The rules made under this section shall be laid upon the table of the \r\nWest Pakistan\r\n2\r\n Provincial Assembly at the session of the said Assembly next \r\nfollowing and shall be liable to be modified or rescinded by a resolution of the said \r\nAssembly. \r\n13. Repeal and Savings.– (1) The following enactments are hereby repealed: \r\n(a) The Bombay (District) Tobac co Act, 1933\r\n3\r\n, in its application to the \r\nformer Province of Sind; \r\n4\r\n[(aa) The Bombay (District) Tobacco Act, 1933, in its application to the \r\nDistrict of Karachi]; \r\n(b) The Punjab Tobacco Vend Fees Act, 1934\r\n5\r\n; \r\n(c) The North-West Frontier Province Tobacco Vend Fees Act, 1938\r\n6\r\n; \r\n(d) The Punjab Tobacco Vend Fees Act, 1934\r\n7\r\n as applicable to the former \r\nState of Bahawalpur; and  \r\n(e) The Baluchistan Tobacco Vend Fees Regulation, 1942\r\n8\r\n. \r\n (2) Notwithstanding the repeal of the enactments mentioned in sub -section \r\n(1) everything done, action taken, obligation, liability, penalty or punishment incurred, \r\n                                                           \r\n1The West Pakistan Tobacco Vend (Forms and Conditions of Licences) Rules, 1958, issued vide Notification No. 5738/T, dated \r\nDecember 27, 1958, published in the Gazette of West Pakistan, Part III, dated January 2, 1959, pp. 9-13.  \r\n2Now “Punjab”. \r\n3Bombay II of 1933.  \r\n4Inserted by the West Pakistan Tobacco Vend (Extension to Karachi) (Amendment) Act,  1964 (XV of 1964), published in the \r\nGazette of West Pakistan (Extraordinary), dated March 24, 1964, pp. 951-952, s. 3. \r\n5Punjab V of 1934.  \r\n6N.W.F.P II of 1938.  \r\n7Punjab V of 1934.  \r\n8Reg. II of 1942.  \r\ninquiry or proceeding commenced, officer appointed or person authorised, \r\njurisdiction or power conferred, order or notification issued under any of the \r\nprovisions of the said enactments, shall, if not inconsistent with the provisions of this \r\nAct, continue in force, and be deemed to have been respectively done, taken, \r\nincurred, commenced, appointed, authorised, conferred or issued under this Act. \r\n (3) Until rules are made under  this Act the rules\r\n1\r\n made under the Punjab \r\nTobacco Vend Fees Act, 1934\r\n2\r\n, in so far as they are consistent with the provisions of \r\nthis Act, shall be deemed to be rules made under this Act. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1See the Punjab Tax Manual, Vol. I. \r\n2Punjab V of 1934.",
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