PESHAWAR: The Khyber Pakhtunkhwa government has prepared a draft law to prohibit use of tobacco at public places, its sale near educational institutes and promotional activities by the manufactures to safeguard non-smokers against its potential effects on health.

The draft bill, submitted to the provincial assembly for approval, seeks ban on tobacco advertisements in all forms including sponsorship, sampling, display audio, visual and uses of brand names, stickers, symbol, logos and colours on non-tobacco merchandise to reduce its consumption and enable the people to live a healthy life.

The Khyber Pakhtunkhwa Prohibition of Smoking/Tobacco Products and Protection of Non-Smokers Health Bill, 2016 embodies penalties, including fine and jail.

Violators can face jail, fine or both

The law is aimed at applying brakes on the promotional tactics pursued by owners of tobacco industry to lure more people towards smoking.

With the passage of the law from the assembly, which is in session currently, Khyber Pakhtunkhwa will become the first province of the country to have its own law after the 18th Amendment, which makes it binding on all federating units to make legislation regarding tobacco control.

The proposed law will repeal several federal laws to the extent of the province. These laws include: The West Pakistan Juvenile Smoking Ordinance, 1959 (W.P. Ordinance XII of 1959); The West Pakistan Prohibition of Smoking in Cinema Houses Ordinance, 1960 (W.P. Ordinance IV of 1960); The Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002 (LXXIV of 2002).

The enactment of the law would make the auditoriums, buildings, health institutions, amusement centres, restaurants, public offices, court buildings, cinema halls, conference or seminar halls, eating houses, hotel lounges, waiting lounges, libraries, bus stations or stands, sports stadiums, educational institutions, playgrounds and parks and public vehicles and aeroplanes in the province smoke-free.

The draft law says that no person shall use tobacco at any public place and there shall be no designated areas for using tobacco at any public place and retailers have been restricted from sale of buyers below the age of 18 years.

Storage, sale and distribution of tobacco in the immediate vicinity of educational institutions or health facilities are prohibited under the draft law. Sale of tobacco has been prohibited within 100 meters of any college, school or educational institution or within the premises of health facilities and public parks.

The owner, manager or chief of the affairs of every public place shall display boards prominently stating that the place was a “no smoking zone” and that “smoking is an offence.”

Any person, who defies the law, will be accountable and may face fine of Rs1,000, which can be increased to Rs10,000 if the same person commits the same offence again and again.

The violator of the draft law can be imprisoned for three months as well as fined or can face both. The violator can also be ejected from the public place or can be forced to disembark the public vehicle by authorised person.

The law drafted by health department provides for designating authorised officer, who shall be competent to act under the piece of legislation.

The first judicial magistrate shall take cognisance of any offence under this law on a complaint by an authorised officer with respect to an offence.

The law bans tobacco use in any form, including cigarettes, cigar, sheesha (with or without smoke) or otherwise with the aid of a pipe wrapper or any other instrument and doesn’t allow any smoking zones.

Published in Dawn, June 2nd, 2016