ISLAMABAD: A privilege motion has been moved in the Senate for illegal use of Senate logo on cigarette packs and free distribution of cigarette packs to senators under the name of 'Senate House' in clear violations of rules and regulations.
Senator Islam Uddin Shaikh submitted the privileged motion in the Senate here at the Parliament House.
According to the privilege motion, the notice under rule 71 of the rules of procedure and conduct of business in the Senate 2012, is being submitted for the following privilege motion.
The privilege of this honourable Senate has been breached when some person during the parliament session of 24/07/2020 started giving free gifts of certain cigarette packs by the names of "Senate House". The act of gifting cigarette packs was violation of various laws in Pakistan containing penalties against violators.
The sanctity of the house of Senate is being trampled by free and unrestricted abuse of laws, as Senate is the house of legislation and therefore any act of breach of any law must not be tolerated, it said.
The cigarette packs freely gifted had no health warning printed on them as described in the law. Under the cigarettes ( printing of warning) ordinance, 1979 and prohibitions of sale of cigarette to minor rules 2010, these laws mandate printing of health warnings on the front and the back of every cigarette packet as well as under 18 years sales prohibitions. The health warning covers 60% of the pack's front and back. The packs gifted did not have any warning and therefore liable to be penalized as contained in the law including imprisonment which can be extended up to 2 years.
The packets gifted out contained the official insignia of Senate, which can only be printed by any person under the written approval of the competent authority, as required under the provisions of the Pakistan Names and the Emblem Act 1957. If no such approval is given, the fines prescribed by the said law are required to be taxed on violator. Even otherwise, the exception of printing insignia on cigarette packs under the Federal Excise Act 2005 is only limited to the President and Governors.
According to the Prohibition of Smoking in Enclosed Places and Protection of non-smokers Health Ordinance 2002, free gifts of cigarette packs is strictly prohibited. These packs were distributed in complete violation of the said law and this act is liable to be penalized under the law.
The manufacturers of cigarettes are required under the Federal Excise Law to print retail price, health warning and the manufacturers name on all packs manufactured by them. If these are not printed, the Excise Law prescribes heavy penalties on violaters including confiscation and destruction of the machinery on which such packs are manufactured. The packs presented as gifts failed to comply with any restriction mandated by the Federal Excise Laws and therefore liable to be penalized accordingly.
The above violations of various laws are a clear breach of privilege of Senate for which this privilege motion is submitted, it added.
Copyright Business Recorder, 2020