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The provincial government of Khyber Pakhtunkhwa is going to ban smoking in public places including commuters' vehicle and sale of tobacco to juveniles in the province. For this purpose the Khyber Pakhtunkhwa Prohibition of Tobacco and Protection of Non-Smokers Health Bill, 2016 has already been introduced in the provincial assembly.
The tabling of the proposed Bill was on the agenda of provincial assembly since second week of the month of August, but could not be presented. But, last week it was presented in the house.
After the passage of the law and its promulgation, the provincial government will become empower to declare any place as public place for the purpose and will authorise an officer or person, who will be competent under the Act and no person will use tobacco in any public place and there will be no designated areas for using tobacco in public place.
Under Section 9 of the Bill, no person will himself or by any person on his behalf, store, sell or distribute tobacco within hundred (100) meters from any college, school or educational institution or within the premises of health facilities and public parks.
Similarly, the owner or manager or in-charge of the affairs of every public place or public service vehicle as the case may be, will display and exhibit a board at each conspicuous place in and outside the premises visited or used by general public prominently stating that the place is a "No Smoking Zone" and that "Smoking is an offence". Moreover, he has to ensure that no one uses tobacco in the public place or public service vehicle as the case may be, under his charge.
Any person, who contravenes the provisions of Section 5, 6 and 10 respectively of the Act, would be punishable with fine which may extend to rupees one thousand and in case of repetition or the same offence, will be punishable with a fine which may extend to rupees ten thousand.
Furthermore, any person, who contravenes the provision of Section 7, Section 8 or Section 9 respectively, would be punishable with fine which may extend to rupees five thousand and in case of repetition of the same offence, would be punishable with imprisonment which may extend to three months, or with a fine which will not be less than rupees five thousand and not more than rupees twenty thousand, or with both.
Under Section 13, any authorized officer or authorized person may eject any person from any place or public work or use or public service vehicle, who contravenes the provisions of this Act.
No court, other than the court of Judicial Magistrate of First Class, would take cognisance of any offence under this Act, except on a complaint in writing by an authorized officer with respect to an offence under Section 5, 6 and 10 and on a report in writing by a police officer, not below the rank of Sub-Inspector, with respect to an offence under Section 7, 8 and 9 respectively. Furthermore, the provisions of the Code of Criminal Procedure, 1898, will mutatis mutandis apply to this Act.

Copyright Business Recorder, 2016

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