Updated: Thursday May 26, 2011/AlKhamis
Jamada El Thaniah 23, 1432/Bruhaspathivara
Jyaistha 05, 1933, at 08:01:40 PM
The
(Pb
Act IV of 1974)
C O N T E N T S
Sections
1. Short
title and commencement.
2. Definitions.
3. Restriction
on manufacture of bidi and possession of tendoo leaf in the border-belt.
4. Penalties.
5. Offences
by companies.
6. Procedure.
7. Power
to seizure.
8. Power
to search without warrant.
9. Power
to make rules.
10. Repeal
of
[1][1]The
(Pb Act IV of 1974)
[
An
Act to provide for prohibition on the possession and use of tendoo leaves in
the border-belt of the Province of the
Preamble.— WHEREAS it is expedient to provide for
prohibition on the possession and use of tendoo leaves in the border-belt of
the Province of the
It
is hereby enacted as follows:-
1. Short title and commencement.— (1) This Act may be called the Punjab Tendoo
Leaves’ (Prohibition on possession and use in the Border-Belt) Act, 1974.
(2) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything
repugnant in the subject or context—
(a) “border-belt” means the area extending upto ten miles inside the
Province of the Punjab from the International boundary line of
(b) “Government”
means the Government of the
(c) “tendoo
leaf” means a leaf commonly known as such and used for the manufacture of bidi.
3. Restriction on manufacture of bidi and
possession of tendoo leaf in the border-belt.— (1) No person shall manufacture bidi in the border-belt.
(2) Without
prejudice to the provisions of sub-section (1), no person in the border-belt
shall be in possession for any purpose, of any tendoo leaf.
4. Penalties.— (1) Whoever contravenes
any provision of this Act, shall be punishable with imprisonment for a term
which may extend to three years, or with fine which may extend to ten thousand
rupees, or with both.
(2) Where a Court convicts a person of an
offence punishable under sub-section (1), the Court shall direct that the bidi or the tendoo leaves in respect of
which the offence has been committed be forfeited to Government.
5. Offences
by companies.— If the person contravening any provision of this Act be a company or
other body corporate, Managing Director, Managing Agent, Managing Partner,
Manager, Secretary, and Executive Officer thereof shall, unless he proves that
the contravention took place without his knowledge or that he exercised due
diligence to prevent such contravention, be deemed to be guilty of such
contravention.
6. Procedure.— (1) No Court inferior to that of a
Magistrate of the First Class shall try any offence punishable under this Act.
7. Power to seizure.— Any police officer not below the rank of
Assistant Sub-Inspector or any officer authorised by Government in this behalf,
may seize the tendoo leaf or bidi
together with anything whatsoever used or suspected to have been used in the
commission of an offence under this Act.
8. Power to search without warrant.— Any police officer not below the rank of
Assistant Sub-Inspector or any other officer authorised by Government in this
behalf, may search any person, premises, vessel, vehicle, packages, receptacle
or covering as to satisfy himself whether or not an offence under this Act has
been committed:
Provided
that no premises shall be searched under this section except under the
authority of a warrant issued by the magistrate having jurisdiction in the
area.
9. Power to make rules.— Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.
10. Repeal of
[1][1]This Act was passed by the
Punjab Assembly on 8th February, 1974; assented to by the Governor of the
Punjab on 1st March, 1974; and, published in the Punjab Gazette
(Extraordinary), dated 1st March, 1974, pages 246-A to 246-C.
Rules
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