Updated: Monday December 24, 2007

The Cigarettes’ (Printing of Warning) Ordinance, 1979

 

Sections

Contents

 

 

Preambles

 

1

Short title, extent, [application] and commencement

 

2

Definition

 

3

Printing of health warning

 

4

Prohibition to sell, etc

 

5

Penalties

 

6

Offence by Companies

 

7

Cognizance of Offences

 

8

Power to make rules

 

 

The Cigarettes (Printing of Warning) Ordinance, 1979

Ordinance LXXIII of 1979

31st December, 1979

An Ordinance to provide for

printing of a health Warning on Packets of Cigarettes

PREAMBLES:

WHEREAS it is expedient to provide for printing of a health warning on packets of cigarettes and for matters connected therewith.

 

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 the fifty day of July, 1977, read with the laws (Continuance in Force) Order, I 977 (CMLA Order No 1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance.

 

1.         Short title, extent, [application] and commencement:

(1)      This Ordinance may called the Cigarettes (Printing of Warning) Ordinance, 1979 .

(2)      It extends to the whole of Pakistan

(2-A)  it shall apply to Cigarettes manufactured for consumption in Pakistan].

(3)      It shall come into force on the first day of [September], 1980.

2.         Definition: In this Ordinance. unless there is anything repugnant in the subject or context,

(a)  'Cigarette' includes Biri,

(b)  'Health Warning' means the health warning specified in Section 3, and

(c)  'Packet' includes a wrapper or oilier container


3.         Printing of health warning:

There shall be printed legibly and prominently, both in English and Urdu, on every packet of cigarettes the following health warning, namely –

WARNING: Smoking is injurious to health.’ Ministry of Health

4.                Prohibition to sell, etc.:--- No person shall manufacture packets of cigarettes, or sell or offer for sale cigarettes from packets of cigarettes, or process or sell or offer for sale packets of cigarettes, on which the warning is not printed as required by Section.

5.                Penalties: Whoever contravenes any provision of Section 4 shall be punishable with imprisonment for a term which may extend to two years, or with fine winch may extend ten thousand rupees, or with both.

Where a Court convicts a person of an offence punishable under sub-section (1), it shall direct that the packets of cigarettes and the cigarettes in respect of which the offence has been committed be forfeited to the Federal Government.

6.         Offence by Companies: If the person contravening any provision of Section 4 be a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

7.                 Cognizance of Offences: No Court inferior to that of a Magistrate of the First Class shall try any offence punishable under tins Ordinance.

No Court shall take cognizance of an offence punishable under this Ordinance except on a complaint made in writing by a police officer not below the rank of an Assistant Sub-inspector/an Excise Officer not bellow the of a Sub Inspector or any other officer authorized in this behalf by the Federal Government.

8.          Power to make rules: The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

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