Last updated: August 7, 2020
Enforcement Authorities
Members of Parliament (Majlis-e-Shora) and Provincial Assemblies members
The 2002 Ordinance provides that the government may authorize persons with powers to enforce the Ordinance. The SRO authorizes four categories of people who are authorized to enforce in all public places and public transport including: 1) Parliament and Provincial Assembly members, 2) district, Tehsil and Union Council Nazims and Deputy Nazims and Councilors, 3) officers in BPS 20 and above, and 4) police officers of the rank of Assistant Sub-Inspector and above. There is no clear duty placed on any one of the categories. Because it is unclear who has the primary duty to enforce, this could lead to lack of enforcement.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on at least one agency or category of persons.
District, Tehsil and Union Council Nazims and Deputy Nazims and Councilors
The 2002 Ordinance provides that the government may authorize persons with powers to enforce the Ordinance. The SRO authorizes four categories of people who are authorized to enforce in all public places and public transport including: 1) Parliament and Provincial Assembly members, 2) district, Tehsil and Union Council Nazims and Deputy Nazims and Councilors, 3) officers in BPS 20 and above, and 4) police officers of the rank of Assistant Sub-Inspector and above. There is no clear duty placed on any one of the categories. Because it is unclear who has the primary duty to enforce, this could lead to lack of enforcement.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on at least one agency or category of persons.
Officers in BPS 20 and above
The 2002 Ordinance provides that the government may authorize persons with powers to enforce the Ordinance. The SRO authorizes four categories of people who are authorized to enforce in all public places and public transport including: 1) Parliament and Provincial Assembly members, 2) district, Tehsil and Union Council Nazims and Deputy Nazims and Councilors, 3) officers in BPS 20 and above, and 4) police officers of the rank of Assistant Sub-Inspector and above. There is no clear duty placed on any one of the categories. Because it is unclear who has the primary duty to enforce, this could lead to lack of enforcement.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on at least one agency or category of persons.
Police officers of the rank of Assistant Sub-Inspector and above
The 2002 Ordinance provides that the government may authorize persons with powers to enforce the Ordinance. The SRO authorizes four categories of people who are authorized to enforce in all public places and public transport including: 1) Parliament and Provincial Assembly members, 2) district, Tehsil and Union Council Nazims and Deputy Nazims and Councilors, 3) officers in BPS 20 and above, and 4) police officers of the rank of Assistant Sub-Inspector and above. There is no clear duty placed on any one of the categories. Because it is unclear who has the primary duty to enforce, this could lead to lack of enforcement.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on at least one agency or category of persons.
Heads of educational institutions
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on the heads of educational institutions in regard to the institution of which they are the heads.
Public transport, bus and wagon drivers, and conductors
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on the public transport drivers and conductors in regard to the transport vehicles of which they are in charge.
Train drivers and conductors
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on the train drivers and conductors in regard to the trains of which they are in charge.
Managers of airport lounges, waiting rooms at railway stations,and bus stops
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on the managers in regard to the airports, railway stations, or bus stations of which they are in charge.
Crew members on airplanes
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on the crew members in the aircrafts on which they are crew.
Managers of establishments where services are provided to the public
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on managers of establishments in their own establishments.
Heads of hospitals and other health care establishments
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on heads of health care establishments in their own establishments.
Managers of restaurants and entertainment houses
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on managers of establishments in their own establishments.
Executive District Officers (Health), all District Health Officers, two or more Sanitary/Food Inspectors nominated from time to time by the Executive District Officer (Health)
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on district health officers and nominated sanitary/food inspectors.
Executive District Officers (Education), all District Officers Education (DOE), all Assistant Education Officers (AEO) and two or more officers nominated from time to time by the Executive District Officer (Education)
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on district education and nominated officers.
Economic Advisory Council (EAC)/Magistrates of the first class, Deputy District Officer (Revenue) of their districts and two or more officers nominated from time to time by the District Coordination Officer (DCO)/Deputy Commissioner or the head of district administration
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should place a duty to enforce on the Economic Advisory Council and/or magistrates of the first class and on district revenue and nominated officers.
