The strong opposition and agitation of the growers forced the provincial government of Khyber Pakhtunkhwa for referring the matter of passage of the KP Prohibition of Tobacco and Protection of Non-Smokers Health Bill, 2016 to a select committee of the house. The Select Committee headed by Leader of House, Chief Minister Pervez Khattak is comprised of all parliamentary leaders in the provincial Assembly.
The tabling of bill earlier in Senate of Pakistan and now in provincial assembly of Khyber Pakhtunkhwa had concerned the tobacco growers in six tobacco growing districts including Swabi, Mardan, Charsadda, Buner, and Mansehra of the province.
The farmers of tobacco growing districts of Khyber Pakhtunkhwa had already launched protest against the proposed draft of law and terming it tantamount to snatching them of their sole cash crop. For this purpose, the growers have started meetings with the members of provincial assembly to highlight the negative impact of the proposed draft legislation on the economy of the province. The growers are demanding all stakeholders into confidence before the promulgation of any such law.
Azam Khan, president of Growers Co-ordination said that beside growers, the crop is also highly beneficial for the country and used to generate revenue of over Rs 100 billion in head of Federal Excise Duty (FED). He was of the opinion that instead of its prohibition, the government should pay subsidy to its growers.
Another grower, Liaqat Yousafzai said that more than 1.5 million people are associated with the tobacco business directly and indirectly while the number of growers is 80,000. He said that out of 180 million to 200 million populations a large number of people are using tobacco and on abolition the country will use to import tobacco from other countries that cost heavy foreign exchange.
Similarly, Mohammad Ayaz, another grower said that the crop generate economic activity to the volume of Rs 300 billion in the country. He said that though agriculture is a provincial subject, but in case of tobacco crop it is under the control of centre, which is sheer injustice with Khyber Pakhtunkhwa.
The provincial government of Khyber Pakhtunkhwa has recently introduced the proposed draft of law in provincial assembly aimed to ban smoking in public places including commuters' vehicle and sale of tobacco to juveniles in the province. 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.
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.