Ordinance I of 1968 · 9 pages
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THE PAKISTAN TOBACCO BOARD ORDINANCE, 1968
CONTENTS
PREAMBLE
1 Short title, extent and commencement
2 Definitions
3 Constitution of the Pakistan Tobacco Board
4 Terms of members, etc
5 Vacancy, etc., not to invalidate the proceedings of the Board.
6 Functions of the Board
7 Control of the Board
8 Fixation of prices
9 Levy of cess
10 Power to borrow
11 Keeping of accounts and audit and annual reports
12 Constitution of the Tobacco Development Committee
13 Functions of the Committee
14 Grants and loans by Government to the Board
15 Keeping of accounts
16 Appointment of officers, etc
17 Export allotment and its distribution.
18 Control of export of tobacco and tobacco seeds
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19 Registration of contracts
20 Power to prohibit transportation, storage or sale
20 A Power to direct Purchase
21 Power to call for information, etc
22 Delegation of powers
23 Power to exempt
24 Penalties
25 False statement
26 Protection of action taken in good faith
27 Cognizance of offences
28 Special provision regarding fines
29 Presumption as to orders
30 Power to make rules
31 Power to make bye-laws
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THE PAKISTAN TOBACCO BOARD ORDINANCE, 1968
1
ORDINANCE NO. I OF 1968
[8th February, 1968]
An Ordinance to provide for the establishment of Tobacco Board for the promotion of the
cultivation, manufacture and export of tobacco and tobacco products.
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 Pakistan in relation to economic and financial
stability of Pakistan within the meaning of clause (2) of Article 131 of the Constitution requires
Central legislation in the matter;
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.
(1) It extends to the whole of Pakistan.
(2) It shall come into force at once.
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 Pakistan by any means to any place outside
Pakistan;
(d) “owner” includes any agent of an owner;
(e) “prescribed” means prescribed by rules made under this Ordinance;
1
Approved by the National Assembly ofPakistan on the 14th May, 1968 and received the assent ofthe President on the 17th May, 1 968, see
Gaz. ofP., 1968, Ext. (Rawalpindi), dated the 20th May, 1968, p. 323.
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(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 Pakistan Tobacco Board.—(1) As soon as may be after the
commencement of this Ordinance, the 2[Federal Government] shall constitute a Board to be called
the Pakistan Tobacco Board consisting of the following members, namely:___
3
[(a) one member from the North-West Frontier Province or the Punjab to be elected
by the Cigarette Manufacturers Association of Pakistan;
4
(b) [six] members, 5[three] each from the North-West Frontier Province and the
Punjab, to be nominated by the Provincial Government concerned from
amongst the tobacco growers;
(c) one members to be nominated by the Federal Government on the
recommendation of the Federation of Pakistan Chambers of Commerce and
Industry;]
6
(d) [ 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] 7[ ; ]
8
[(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] [ ; ] 9
10
[(h) such other members as the Federal Government may nominate.]
1
Ins. by the Pakistan Tobacco Board (Amdt.) Act, 1973 (4 of1973) , s . 2.
2
Subs. by the Pakistan Tobacco Board (Amdt.) Act, 1975 (19 of1975) , s . 2, for “Central Government” .
3
Subs. ibid., s. 3, for cls . (a) , (b) and (c) which were previously amended by various enactments.
4
Subs. by the Pakistan Tobacco Board (Amdt.) Ordinance, 1979 (11 of1979) , s . 2, for “four” .
5
Subs. ibid., for “two”.
6
Subs. by the Pakistan Tobacco Board (Amdt.) Act, 1975 (19 of1975) , s . 3, for “five” , which was previously amended.
7
Subs. by the Tobacco Board (Amdt.) Ordinance, 1971 (5 of1971) , s . 2, for full-s top.
8
Added ibid
9
Subs. by the Pakistan Tobacco Board (Amdt.) Ordinance, 1982 (21 of1982) , s. 2, for full stop.
10
Added ibid.
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(2) The 1[Federal Government] shall publish in the official Gazette the 2[ 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 1[Federal Government] shall appoint one of the members nominated by it under clause
(f) of sub-section (1) to be the Chairman of the Board.
(4) The Board constituted under sub-section (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 Pakistan or becomes otherwise incapable of acting
as such, the 1[ Federal Government] shall declare the seat of the member to be vacant.
3
[(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) 3[ or sub-section (2A) ] ,
or by reason of resignation or death, the vacancy shall be filled for the remainder of the terms 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 1[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,
Subs. by the Pakistan Tobacco Board (Amdt.) Act, 1975 (19 of1975) , s . 2, for “Central Government” .
1
Subs. by Act 19 of1975, s . 3, for “names of all the members of the Board” .
2
3
Ins.ibid., s.4.
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(c) to render assistance for the development of the existing and 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 1[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 1[Federal Government].
(2) The records of the Board shall be open to inspection by any officer authorised in this
behalf by the 1[Federal Government].
(3) The 1[Federal Government] may cancel, suspend or modify, as it thinks fit, any act of the
Board.
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 sub-section (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 produced in
Pakistan and may there tariff values for the time 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 sub-section (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.
Subs. by the Pakistan Tobacco Board (Amdt.) Act, 1975 (19 of1975) , s . 2, for “Central Government” .
1
2
Sub-sections (1A) and (1B) Ins . by the Pakistan Tobacco Board (A mdt.) Act, 1971 (5 of 1971) , s. 3.
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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
1
by the * * * Auditor‑General of Pakistan.
(3) The auditors shall submit to the Board and to the 2[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 after the close of a financial year, publish an annual
report of its activities during that year together with a statement of its accounts.
12. Constitutions 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 2[Federal Government] from amongst the
members elected to the Board under clause (a) of subsection (1) of section 3;
3
[(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 2[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 the existing and of new tobacco growing areas and
establishment of model tobacco farms in accordance with such schemes as may be approved by the
2
[Federal Government], render assistance to cultivators to improve their production, and perform
such other functions as the Board may, with approval of the 2[Federal Government], direct.
1
The words “Comptroller and” Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of1981) , s. 3 and Sch., II.
2
Subs. by the Pakistan Tobacco Board (A mdt.) Act, 1975 (19 of1975) , s . 2., for “Central Government”.
3
Subs. by the Pakistan Tobacco Board (A mdt.) Ordinance, 1975 (19 of1975) , s. 5, for cls. (c) and (d).
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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.
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
1
to the [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 officers, 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 distribution.___(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 behalf of the Board in such manner and
subject to such conditions as may 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.
1 Subs. by the Pakistan Tobacco Board (A mdt.) Act, 1975 (19 of1975) , s . 2, for “Central Government” .
Page 8 of 9
1[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 growers of tobacco or saving
the market of a vital agricultural commodity from violent fluctuations, the 2[ Federal Government]
may, by general or special order in writing, direct any manufacturer of, or dealer in, tobacco or any
class of such manufacturer 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.].
21. Power to call for information, etc.___(1) The 2[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 2[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 2[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 powers. The 2[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 2[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. 3[9 of the table below sub-section (1) of section 156 of the
Customs Act, 1969 ( IV of 1969) and the provisions of section 4[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, or 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
Ins . by the Pakistan Tobacco Board (A mdt.) Ordinance, 1972 (8 of1972) , s . 2.
2
Subs. by the Pakistan Tobacco Board (Amdt.) Act, 1975 (19 of1975) , s . 2, for “Central Government” .
3
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of1981) , s. 3 and Sch. II, for “8 ofs ection 167 ofthe Sea Customs
Act, 1878” .
4
Subs. ibid., for “168 and Chapter XVI”.
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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