Updated: Thursday March 31, 2016/AlKhamis
Jamada El Thaniah 22, 1437/Bruhaspathivara
Chaitra 11, 1938, at 12:06:29 AM
The
1ORDINANCE NO. I OF 1968
[8th February, 1968]
WHEREAS it is expedient to provide for
the establishment of a Tobacco Board for the promotion of the cultivation,
manufacture and export of tobacco and tobacco products and for matters
ancillary thereto;
AND WHEREAS the national interest of
AND WHEREAS the National Assembly is
not in session and the President is satisfied that circumstances exist which
render immediate legislation necessary;
NOW, THEREFORE, in exercise of the
powers conferred by clause (1) of Article 29 of the Constitution and of all
other powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:---
1. Short title, extent and
commencement.____(1) This Ordinance may be called the Pakistan Tobacco
Board Ordinance, 1968.
(2) It extends to the whole of
(3) It shall come into force at once.
1 Approved by the National Assembly of
Pakistan on the 14th May, 1968 and received the assent of the President on the
17th May, 1968, see Gaz. of P., 1968, Ext. (Rawalpindi), dated the 20th May,
1968, p. 323.
2.
Definitions. In this Ordinance,
unless there is anything repugnant in the subject or context,---
(a) “Board”
means the Pakistan Tobacco Board constituted under section 3;
(b)
“Committee” means the Tobacco Development Committee constituted under section
12;
(c) “export”
means to take out of
(d) “owner”
includes any agent of an owner;
(e) “prescribed”
means prescribed by rules made under this Ordinance;
(f)
“tobacco” means the commodity which is made from the leaves of the plant “nicotiana
tobaccum 1[or
nicotiana rustica]” and is commonly known as tobacco and includes
adjacent tender stalks or green tobacco but does not include tobacco waste;
(g) “tobacco
seed” includes seeds, roots, stumps, cuttings, buds and any living portion of
the plant nicotiana tobaccum which may be used to propagate that
plant or to manufacture cigarettes, cigars, cheroots, pipe tobacco, or chewing
tobacco.
3.
Constitution of the
3[(a) one
members from the North-West Frontier Province or the
(b)4[six] members, 5[three]
each from the
(c) one members
to be nominated by the Federal Government on the recommendation of the
Federation of Pakistan Chambers of Commerce and Industry;]
1Ins.
by the
2 Subs. by the
3 Subs. ibid., s. 3, for cls. (a), (b)
and (c) which were previously amended by various enactments.
4 Subs. by the
5 Subs. ibid., for “two”.
(d)1[four] members, one to be nominated by each Provincial
Government.
(e) one
member, being an officer serving under the 2[Federal
Government] in the Ministry of Industries, to be nominated by the 2[Federal
Government];
(f) two
members to be nominated by the 2[Federal
Government] 3[;].
4[(g) one
member, being an officer serving under the 2[Federal
Government] in the Ministry of Agriculture and Works (Food and Agriculture
Division), to be nominated by the 2[Federal
Government] [;]5
6[(h) such
other members as the Federal Government may nominate.]
(2) The 2[Federal
Government] shall publish in the official Gazette the 7[designations
of the officers of the Federal Government or a Provincial Government nominated
to be members of the Board and the names of the other persons elected or
nominated to be such members] and the Board shall be deemed to be constituted
upon such publication.
(3) The 2[Federal
Government] shall appoint one of the members nominated by it under clause (f)
of subsection (1) to be the Chairman of the Board.
(4) The Board constituted under
subsection (1) shall be a body corporate by the name of the Pakistan Tobacco
Board, having perpetual succession and a common seal, with power to acquire,
own and dispose of any property and shall, by the said name, sue and be sued.
4. Terms of members, etc.___(1)
A member of the Board shall, subject to the provisions of this section, hold
office for two years and shall be eligible for re‑election or re‑nomination.
(2) When a member ceases to reside in
1 Subs. by the
2 Subs. ibid., s. 2, for “Central
Government”.
3 Subs. by the Tobacco Board (Amdt.)
Ordinance, 1971 (5 of 1971), s. 2, for full-stop.
4 Added ibid.
5 Subs. by the Pakistan Tobacco Board
(Amdt.) Ordinance, 1982 (21 of 1982), s. 2, for full stop.
6 Added ibid.
7 Subs. by Act 19 of 1975, s. 3, for
“names of all the members of the Board”.
1[(2A) If a member elected or nominated under clause
(a), clause (b) or clause (c) of sub-section (1) of section 3 absents himself
from three consecutive meetings of the Board without the leave of the Chairman
thereof, his seat shall become vacant.]
(3) When the seat of a member becomes
vacant under sub-section (2), 1[or
sub-section (2A)], or by reason of resignation or death, the vacancy shall be
filled for the remainder of the term of such member by election or nomination
of another person in his place in the same manner as such member was elected or
nominated.
(4) Where any authority or body
entitled to do so fails to elect or nominate a member within the prescribed
time, the 2[Federal
Government] may nominate a person to fill the seat of such member, and the
person so nominated shall be deemed to have been elected or nominated by such
authority or body.
5. Vacancy, etc., not to invalidate
the proceedings of the Board. No
act or proceedings of the Board shall be invalid merely on the ground of the
existence of any vacancy in, or any defect in the constitution of, the Board.
6. Functions of the Board. The functions of the Board shall be___
(a) to
regulate, control and promote the export of tobacco and tobacco products and to
fix grading standards,
(b) to
undertake and assist research connected with tobacco industry, impart training
in tobacco testing and generally to take measures in the Interest of the
tobacco industry,
(c) to
render assistance for the development of new tobacco growing areas and
establishment of model farms, to organise and assist special research connected
with tobacco cultivation and generally to render assistance for improving
tobacco production,
(d) to
collect statistics on any matter relating to tobacco and tobacco industry, and
(e) to
perform such other function as the 2[Federal
Government] may, from time to time, direct.
7. Control of the Board.___(1)
The Board shall be subject to the superintendence and control of the 2[Federal
Government] and shall be guided, in the discharge of its functions, by such
general or special instructions as may, from time to time, be given to it by
the 2[Federal
Government].
(2) The records of the Board shall be
open to inspection by any officer authorised in this behalf by the 2[Federal
Government].
(3) The 2[Federal
Government] may cancel, suspend or modify, as it thinks fit, any act of the
Board.
1 Ins. by the Pakistan Tobacco Board
(Amdt.) Act, 1975 (19 of 1975), s. 4.
2 Subs. ibid., s. 2, for “Central
Government”.
8. Fixation of prices.___(1) The 1[Federal
Government] may, by notification in the official Gazette, fix the minimum
prices below which, and the maximum prices above which tobacco of various
grades shall not be bought or sold for consumption within Pakistan or for
export; and different prices may be fixed in respect of different areas.
(2) No person shall buy or offer to buy
or sell or offer to sell tobacco at any price below the minimum or above the
maximum fixed under subsection (1).
9. Levy of
cess.____(1) For the purposes of this Ordinance, there shall be
levied and collected in such manner as may be prescribed a cess on tobacco
produced in Pakistan at such rate or rates, not exceeding three per cent ad
valorem, as the 1[Federal
Government] may, by notification in the official Gazette, specify in this
behalf; and the proceeds of the cess, after deducting the cost of collection,
if any, shall be paid to the Board.
2[(1A) The 1[Federal
Government] may, from time to time, by notification in official Gazette, fix,
for the purpose of levying a cess under sub-section (1), tariff values of
tobacco being in force.
(1B) Different tariff values may be
fixed for different classes or descriptions of tobacco.]
(2) The Board shall apply the proceeds
of the cess paid to it under subsection (1) for meeting the expenses which may
be necessary for the performance of its functions under this Ordinance
including expenses for contributing towards a contributory provident fund
constituted and maintained in such manner as may be prescribed for the benefit
of the employees of the Board.
10. Power to borrow. The Board may, subject to any rules made in this
behalf, borrow money for any purpose for which it is authorised under section 9
to expend the proceeds of the cess.
11. Keeping of accounts and audit
and annual reports.___(1) The Board shall keep regular accounts of all
moneys received, borrowed and expended by it.
(2) The accounts of the Board shall be
audited every year by auditors approved in this behalf by the 3*
* * Auditor‑General of
Pakistan.
1 Subs. by the Pakistan Tobacco Board
(Amdt.) Act, 1975 (19 of 1975), s. 2., for “Central Government”.
2 Sub-sections (1A) and (1B) ins. by the
Pakistan Tobacco Board (Amdt.) Ordinance, 1971 (5 of 1971), s. 3.
3The words “Comptroller and” Omitted by
the Federal Laws (Revision and Declaration) Ordinance, Ordinance, 1981 (27 of
1981), s. 3 and Sch., II.
(3) The auditors shall submit to the
Board and to the 1[Federal
Government] a statement of the accounts audited by them together with a report
stating therein any irregularity noticed in the accounts or any objection to
any expenditure.
(4) The Board shall, as soon as may be
of the close of a financial year, publish an annual report of its activities
during that year together with a statement of its accounts.
12. Constitution of the Tobacco
Development Committee.___(1) The 1[Federal
Government] may set up a Committee of the Board, to be called the Tobacco
Development Committee, consisting of___
(a) the
Chairman of the Board;
(b) One
member to be appointed by the 1[Federal
Government] from amongst the members elected to the Board under clause (a) of
subsection (1) of section 3;
2[(c) one
members to be appointed by the Federal Government from amongst the persons
nominated to the Board under clause (b) of sub-section (1) of section 3;
(d) one
member to be appointed by the Federal Government from amongst the persons
nominated to the Board under clause (d) of sub-section (1) of section 3.]
(2) A member of the Committee shall
cease to be so when he ceases to be a member of the Board.
(3) The Board may, with the previous
approval of the 1[Federal
Government], grant such allowances to a member of the Committee, not being a
Government Servant, as it may think fit.
13. Functions of the Committee. The Committee shall execute the
policies of the Board in the matter of rendering assistance in the development
of new tobacco growing areas and establishment of model tobacco farms in
accordance with such schemes as may be approved by the 1[Federal
Government], render assistance to cultivators to improve their production, and
perform such other functions as the Board may, with approval of the 1[Federal
Government], direct.
14. Grants and loans by Government
to the Board.___(1) The 1[Federal
Government] may make grants or give loans to the Board to be placed at the
disposal of the Committee for carrying out the functions of the Committee.
(2) The 1[Federal
Government] may, subject to such conditions as it may impose, authorise the
Committee to give, out of the funds placed at its disposal, loans to any person
for the improvement and expansion of tobacco farms.
1 Subs. by the Pakistan Tobacco Board
(Amdt.) Act, 1975 (19 of 1975), s. 2, for “Central Government”.
2 Subs. ibid., s. 5, for cls. (c) and
(d).
15. Keeping of accounts.___(1)
The Committee shall keep accounts of all moneys received and expended by it.
(2) The accounts maintained by the
Committee shall be audited by the auditors appointed for the purpose by the
Board with the previous approval of the 1[Federal
Government].
(3) A statement of the accounts audited
shall be furnished by the Committee to the Board and to the 1[Federal
Government] as soon as may be after the end of each financial year.
16. Appointment of officers etc. The Board may, subject
to the approval of the 1[Federal
Government], appoint such others, advisers and other employees as may, be
necessary for the efficient performance of the functions of the Board and of
the Committee.
17. Export allotment and its distillation.___(1) The 1[Federal
Government] may, after consultation with the Board, by notification in the
official Gazette, fix for each year the export allotment of tobacco and tobacco
products and shall distribute the export allotment so fixed in such manner as
it may deem fit.
(2) Every person shall export the full
amount of his share of the export allotment during the year to which the
allotment relates.
18. Control of export of tobacco and
tobacco seeds.___(1) No tobacco or tobacco product shall be exported
except under a licence issued by or on be prescribed.
(2) No tobacco seed shall be exported
except under a permit issued by or on behalf of the 1[Federal
Government].
19. Registration of contracts. The 1[Federal
Government] may, by general or special order, require any contract or class of
contracts for sale of tobacco for export to be registered with such
organisation and , in such manner as may be specified in the order.
20. Power to prohibit
transportation, storage or sale. The 1[Federal
Government] may, by general or special order, prohibit any exporter or class of
exporters from transporting, storing, buying, selling or otherwise disposing of
any tobacco except in such manner and under such conditions as may be specified
in the order.
2[20A. Power to direct purchase. In such circumstances, and subject to such conditions,
as may be prescribed, and with a view to relieving distress amongst frowers of
tobacco or saving the market of a vital agricultural commodity from violent
fluctuations, the 1[Federal
Government] may, by general or special order in writing, direct any
manufacturer, of or dealer in, tobacco or any class of such manufacturer of, or
dealers, to purchase, during such period or periods and from such area or
areas, such quantity of tobacco, and to hold such minimum stock, as may be
specified in the order.].
1 Subs. by the Pakistan tobacco Board
(Amdt.) Act, 1975 (19 of 1975), s. 2, for “Central Government”.
2 Ins. by the Pakistan Tobacco Board
(Amdt.) Ordinance, 1972 (8 of 1972), s. 2.
21. Power to call for information, etc.___(1)
The 1[Federal
Government] may, at any time by order, direct any person or class of persons to
maintain such accounts and to furnish to the Board and to any officer or authority
subordinate to the 1[Federal
Government] such returns or other information relating to the cultivation,
production, manufacture, sale or purchase of tobacco by such person or class
within such time and giving such particulars as may be specified in the order;
and every such order shall be published in the official Gazette.
(2) Any person authorised in this
behalf by the 1[Federal
Government] or by the Board or any member of the Board authorised by the
Chairman of the Board may, at all reasonable times, enter any tobacco curing
yard or any place or premises where tobacco or tobacco waste is manufactured,
stored, kept or exposed for sale and may require the production for his
inspection of any book, register, record or other paper kept therein and ask
for any information relating to the cultivation, production, manufacture,
storage or keeping for sale of tobacco or tobacco waste.
22. Delegation of pokers. The 1[Federal
Government] may, by notification in the official Gazette, direct that any
power conferred upon it by or under this Ordinance shall, in relation to such
matters and subject to such conditions, if any, as may be specified therein, be
exercisable also by the Board.
23. Power to exempt. The 1[Federal
Government] may, by notification in the official Gazette, exempt any tobacco or
tobacco products or any class thereof from the operation of all or any of the
provisions of this Ordinance.
24. Penalties.___(1) Any contravention of the provisions of section 18
shall be punishable as if it were an offence under item No. 2[9
of the table below sub-section (1) of section 156 of the Customs Act, 1969 (IV
of 1969) and the provisions of section 3[157
and Chapters XVIII and XIX] of that Act shall apply accordingly.
(2) Save as provided in subsection (1),
any person who contravenes or fails to comply with any provision of this
Ordinance or any order or direction issued thereunder shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with
both.
(3) Where any person contravening the
provisions of this Ordinance is a company or a body corporate, every director,
manager, secretary of other officer, and every agent and servant thereof and,
in the case of an unlimited company or a company limited by guarantee, also
every member thereof shall be punishable as if he had contravened the
provisions of this Ordinance;
1 Subs. by the Pakistan Tobacco Board
(Amdt.) Act, 1975 (19 of 1975), s. 2., for “Central Government”.
2 Subs. by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II, for “8 of section
167 of the Sea Customs Act, 1878”.
3 Subs. ibid., for “168 and Chapter XVI”.
Provided that no such director,
manager, secretary or other officer and no such agent, servant, or member shall
be prosecuted under this Ordinance except with the previous approval of the 1[Federal
Government]; and the 1[Federal
Government] shall not give such approval if it is satisfied after giving such
director, manager, secretary, officer, agent, servant or member an opportunity
of showing cause against prosecution that the offence was committed without his
knowledge or that he used due diligence to prevent its commission.
25. False statement. A person shall be punishable with imprisonment for
a term which may extend to three years, or with fine, or with both, if he,___
(a) when required by any order made under this Ordinance
to make any statement or furnish any information makes a statement or furnishes
information which he knows or has reasonable cause to believe to be false or does
not believe to be true, or
(b) makes
any such statement as aforesaid in any book, account, record, declaration,
return or other document which he is required by any such order to maintain or
furnish, or
(c) maintains
double sets of books, accounts or any other records, in which the entries are
not identical.
26. Protection of action taken in good faith. No suit, prosecution or
other legal proceedings shall lie against the Board or any member thereof or
any other person for anything which is in good faith done or intended to be
done under this ordinance or any rules or orders made thereunder.
27. Cognizance of offences. No Court
shall take cognizance of an offence punishable under this Ordinance except on a
report in writing of the facts constituting such offence made by the Board or a
person authorised by it in this behalf.
28. Special provision regarding
fines. Notwithstanding anything contained
in section 32 of the Code of Criminal Procedure, 1898, any Magistrate of the
first class specially empowered by the Provincial Government in this behalf may
pass a sentence of fine exceeding one thousand rupees on any person convicted
under this Ordinance.
29. Presumption as to orders. Where an order purports to have been made and signed
by any authority in exercise of any power conferred by or under this Ordinance,
a Court shall presume that such order was so made by that authority.
30. Power to make rules. The 1[Federal
Government] may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
31. Power to make bye‑laws. The Board may, with the previous approval of the 1[Federal
Government], make bye‑laws, not inconsistent with this Ordinance and the
rules made thereunder, for the efficient performance of its functions under
this Ordinance.
1 Subs. by the Pakistan Tobacco Board
(Amdt.) Act, 1975 (19 of 1975), s. 2, for “Central Government”.
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