{ "schema_version": "qanun-law-text/1", "id": "pk-code-87ec836a9f0756bb", "title": "West Pakistan Maintenance of Public Order Ordinance, 1960", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5prZw%3D%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "e631985c86364185d20441dcaa22f8d2dbf5626fe4cbad58134399be07b4af95", "source_sha256": "e631985c86364185d20441dcaa22f8d2dbf5626fe4cbad58134399be07b4af95", "text_version_id": "law:pk-code-87ec836a9f0756bb:sha256:e631985c86364185d20441dcaa22f8d2dbf5626fe4cbad58134399be07b4af95", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 15 \r\n \r\n \r\n \r\n \r\n \r\n \r\n THE WEST PAKISTAN MAINTENANCE OF PUBLIC ORDER \r\nORDINANCE, 1960 \r\n \r\n \r\n CONTENTS \r\nPreamble \r\n1. Short title and extent \r\n2. Definitions \r\n3. Power to arrest and detain suspected persons \r\n4. Powers of photographing, etc., of suspected persons \r\n5. Power to control suspected persons \r\n6. Power to control publications \r\n7. Power to prohibit entry into West Pakistan of newspapers, etc. \r\n8. Power to secure reports of public meetings \r\n9. Service of orders in writing \r\n10. Power to issue search warrants \r\n11. General power of search \r\n12. Power to give effect to orders, etc. \r\n13. Penalty \r\n14. Abetment of offences \r\n15. Offence committed by corporation or association \r\n16. Dissemination of rumours, etc. \r\n17. Possession or conveyance of prescribed or prohibited documents \r\n18. Wearing or display of uniforms or emblems \r\n\r\n \r\nPage 2 of 15 \r\n \r\n19. Tampering with public servants \r\n20. Sabotage \r\n20-A. Representation against certain orders \r\n21. Procedure for trial of offences \r\n22. Offence under Ordinance to be cognizable and non-bailable \r\n23. Jurisdiction barred \r\n24. Effect of orders, etc., inconsistent with other enactments \r\n25. Operation of other penal laws not barred \r\n26. Delegation of power to Deputy Commissioners \r\n27. Power to make rules \r\n28. Repeal and saving \r\n \r\n \r\nPage 3 of 15 \r\n \r\nTHE WEST PAKISTAN MAINTENANCE OF PUBLIC ORDER ORDINANCE, \r\n1960 \r\n WEST PAKISTAN ORDINANCE NO. XXXI OF 1960 \r\n[2nd December, 1960] \r\nAN \r\nORDINANCE \r\nto amend and consolidate the law relating to preventive detention and control of persons and \r\npublications connected with the maintenance of public order in West Pakistan. \r\n Preamble. \r\n 1[WHEREAS it is expedient to amend and consolidate the law providing for preventive \r\ndetention and control of persons and publications for reasons connected with public safety, public \r\ninterest and the maintenance of public order in the Province of West Pakistan ;] \r\n NOW, THEREFORE, in pur suance of the Presidential p roclamation of the seventh day of \r\nOctober, 1958, and having received the previous instructio ns of the President, the Gover nor of West \r\nPakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the \r\nfollowing Ordinance :— \r\n 1. Short title and extent. (1) This Ordinance may be called the West Pakistan Maintenance of \r\nPublic Order Ordinance, 1960. \r\n (2) It extends to the whole of the Province of West Pakistan, except 2[* * *] 3[Tribal Areas]. \r\n 2. Definitions. In this Ordinance, unless the context otherwise re quires, the following \r\nexpressions shall have the meanings hereby respectively assigned to them, that is to say— \r\n(a) “Code” means the Code of Criminal Procedure, 1898; and \r\n(b) “Government” means the Government of West Pakistan.] \r\n 3. Power to arrest and detain suspected persons. (1) Government, if sat isfied that with a \r\nview to pre venting any person from acting in any manner prejudicial to public safety or the \r\nmaintenance of public order, it is necessary so to do, may, by an order in writing, direct the arrest and \r\ndetention in such custody as may be prescribed under sub-section (7), of such person for such period \r\nas may, subject to the other provisions of this section, be specified in the order, and Government, if \r\nsatisfied that for the aforesaid reasons it is necessary so to do, may, 1[* * * * *] extend from time to \r\ntime the period of such detention 1[for a period not exceeding six months at a time.] \r\n \r\n1Subs., omitted and added by the West Pakistan Ordinance No. XVIII of 1964, ss. 2 and 3. \r\n2Omitted by the West Pakistan Ordinance No. XXX of 1962. \r\n3Subs., by the West Pakistan Laws (Adaptation) Order 1964, (I of 1964), s. 2 and Sch. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 4 of 15 \r\n \r\n1[Explanation 1]—For the purposes of this section— \r\n \r\n(i) ‘dealing in the black -market’ or ‘hoarding’ as defined in the Hoarding and \r\nBlack-market Act, 1948 (Act XXIX of 1948); or \r\n \r\n(ii) an act of smuggling punishable under the Sea Customs Act, 1878 (Act VIII of \r\n1878), or the Land Customs Act, 1924 (Act XIX of 1924) , or under any other \r\nlaw for the time being in force ; \r\n \r\n shall be deemed to be an act prejudicial to the maintenance of public order. \r\n \r\n 1[Explanation II—Whoever is or was a member of an association or its Executive Committee, \r\nwhich association is or has been declared to be unlawful under any law for the time being in force in \r\nthe province, at any time during the period of seven days immediately before it was so declared to be \r\nunlawful, or remains or becomes a member of such an association or is on the Executive Committee \r\nthereof after it has been so declared to be unlawful shall be deemed to be acting in a manner prejudicial \r\nto public safety and maintenance of public order for the purposes of this section.] \r\n \r\n (2) If a District Magistr ate or any other servant of Gov ernment authorised in this behalf by a \r\ngeneral or speci al order of Government , has reason to believe that any person within his territorial \r\njurisdiction has acted, is acting or is about to act in a manner prejudicial to public safety or the \r\nmaintenance of public order, he shall forthwith refer the matter to Government for orders. \r\n \r\n (3) (a) An order of arrest under sub -section (1) may be addressed to a Police O fficer or any \r\nother person and such officer or person shall have the power to arrest the person mentioned in the order \r\nand in doing so he may use such force as may be necessary. The Police Officer or the other person, as \r\nthe case may be, shall commit the arrested person to such custody as may be prescribed under sub -\r\nsection (7). \r\n (b) A Police O fficer not below the rank of Sub -Inspector, if satisfied on receipt of credible \r\ninformation that a person against whom an order of arrest or of arrest and detention has been made \r\nunder this section is present within such officer’s jurisdiction, may arrest him without a warrant in the \r\nsame manner as he would have done if such order of arrest had been addressed to him 2[,] 2[and \r\nthereupon commit the arrested person to such custody as may be prescribed under sub -section (7), or \r\nif he receives any requisition in this behalf from the police officer or other person to whom the warrant \r\nof arrest for the person arrested is addressed, make over the custody of the arrested person to such \r\npolice officer or other person.] \r\n (4) On receipt of a reference under sub-section (2) Government may— \r\n(a) reject the reference; or \r\n(b) make an order of arrest and detention in terms of sub-section (1). \r\n \r\n \r\n \r\n1Renumberd and added by West Pakistan Act No. V of 1964, s. 2. \r\n2Replaced and added by West Pakistan Ordinance No.. XVIII of 1964, s. 3. \r\n \r\n \r\n \r\n \r\n \r\nPage 5 of 15 \r\n \r\n 1[(5) Government shall cons titute a Board consisting of a Judge of the High Court of West \r\nPakistan, who shall be nominated by the Chief Justice of that Court, and a senior officer in the Service \r\nof Pakistan, who shall be nominated by the Governor of the West Pakistan. \r\n \r\n (5-a) No person shall be detained for a period exceeding three months unl ess the Board has \r\nreported, before the expiration of the said period of three months, that there is, in its opinion, sufficient \r\ncause for such detention. \r\n \r\n (5-b) Where a person is to be detained for a period exceeding three months, Government shall, \r\nbefore the expiration of the said period of three months, refer his case to the Board. \r\n \r\n (5-c) A person whose case has been referred to the Board under the provisions of sub-section \r\n(5-b), shall not be entitled to appear by any legal practitioner in any matter connected with the case \r\nreferred to the Board. \r\n \r\n (5-d) The Board shall, after considering the material placed before it and the representation, if \r\nany, made by the person whose case has been referred to it, hearing su ch person, if he so desires, and \r\ncalling for such further information as it may require from Government or may be placed before it by \r\nthe person detained, submit its report before the expiration of the period of three months specified in \r\nsub-section (5-b), to Government whether in its opini on there is sufficient cause for the detention of \r\nsuch person. \r\n \r\n (5-e) The proceedings and the report of the Board excepting that part of the report in which the \r\nopinion of the Board is specified, shall be confidential. \r\n \r\n (5-f) If in any case the Board reports that there is, in its opinion, no sufficient cause for the \r\ndetention of the person whose case has been referred to it, for a period exceeding three months, \r\nGovernment shall rescind the detention order and direct such person to be released on the expiry of the \r\nsaid period of three months. In case the Board reports that there is, in its opinion, sufficient cause for \r\nthe detention of such person, Government may, subject to the provisio ns of sub-section (1), continue \r\nto detain him for such period as it may deem fit.] \r\n \r\n (6) Where a detention order has been made under this section the authority making the order \r\nshall, as soon as may be, 1[* * * * * * * ] communicate to such person the grounds on which the \r\norder has been made, inform him that he is at liberty to make a representation to Government against \r\nthe order and afford him the earliest opportunity of doing so : \r\n \r\n Provided that the authority making any such order may refuse to disclose facts which such \r\nauthority considers it to be against public interest to disclose. \r\n \r\n1Subs. and omitted by the West Pakistan Ordinance No. XVIII of 1964, s. 3. \r\n \r\n \r\n \r\n \r\nPage 6 of 15 \r\n \r\n 1[(a) Where a representation is made to Government under sub-section (6), Government may, \r\non consideration of the representation and givin g the person detained an oppor tunity of being heard, \r\nmodify confirm or rescind the order.] \r\n \r\n (7) So long as there is in force in respect of any person an order under this section directing that \r\nhe be detained, he shall be liable to be detained in such custody and under such conditions as to \r\nmaintenance, discipline and punishment for off ences and breaches of discipline as Government may \r\nfrom time to time prescribe by general or special order. \r\n \r\n (8) If Government or a District Magistrate has reason to believe that a person in respect of whom \r\nan order of arrest and detention has be en passed under this section has absconded or is concealing \r\nhimself so that such order cannot be executed, Government or the District Magistrate, as the case may \r\nbe, may— \r\n \r\n (a) forward a copy of the order, with a declaration that such person cannot be found, \r\nto a Magistrate of the first class having jurisdiction in the place where the said \r\nperson ordinarily resides and thereupon the provisions of sections 87, 88 and 89 \r\nof the Code shall apply in respect of the said person and his property as if the \r\norder directing that he be arrested and detained were a w arrant issued by the \r\nMagistrate; \r\n \r\n (b) by order notified in the O fficial Gazette direct the said person to appear before \r\nsuch officer at such place and within such period as may be specified in the order \r\nand if the said person fails to comply with such direction he shall, unless he \r\nproves that it was not possible for him to comply therewith and that he had within \r\nthe period specified in the order, informed the officer concerned of the reasons \r\nwhich rendered compliance therewith impossible and of his whereabouts or \r\ntaken all possible steps to gi ve such information, be punish able with \r\nimprisonment for a term which may extend to thre e years, or with fine, or with \r\nboth. \r\n \r\n (9) Government may at any time, subject to such conditions as it may think fit to impose, release \r\na person detained under this section and may require him to enter into a bond, with or without sureties, \r\nfor the due observance of the conditions. \r\n \r\n (10) The District Magistrate or any servant of Government referred to in sub-section (2), may \r\nsummon and interrogate or cause the summoning and interrogation of any person, including a person \r\narrested or detained under this section, if in his opinion such interrogation is likely to lead to the dis - \r\ncovey of information which may enable the more effective exercise of powers under this Ordinance , \r\nwhether in respect of the person interrogated or any other per son, and the person interrogated under \r\nthis sub -section shall be bound to answer truthfully all questions pertaining to the subject of the \r\nenquiry. \r\n \r\n \r\n1Ins. by the West Pakistan Ordinance No. XVIII of 1964, s. 3. \r\n \r\n \r\nPage 7 of 15 \r\n \r\n \r\n 4. Powers of photographing, etc. , of suspected persons. (1) Government or other authority \r\nmaking an arrest or directing the arrest of a person under section 3 may by order direct that the arrested \r\nperson shall— \r\n \r\n(a) let himself be photographed ; \r\n \r\n(b) allow his finger and thumb-impressions to be taken ; and \r\n \r\n(c) furnish specimens of his handwriting and signature. \r\n \r\n (2) If any person contravenes any order made under this section, he shall be punished with \r\nimprisonment for a term which may extend to six months or with fine or with both. \r\n \r\n 5. Power to control suspected persons. (1) Government or the District Magistrate, if satisfied \r\nwith respect to any particular person that with a view to pre venting him from acting in any manne r \r\nprejudicial to public safety 1[, or public interest] or the maintenance of public order, it is necessary so \r\nto do, may by order in writing, give any one or more of the following directions, namely, that such \r\nperson— \r\n \r\n(a) shall not enter, reside or remain in any area that may be specified in the order ; \r\n \r\n(b) shall reside or remain in any area that may be specified in the order ; \r\n \r\n(c) shall remove himself from, and shall not return to, any area that may be specified \r\nin the order ; \r\n \r\n 1[(d) shall conduct himself in such manner or abstain from such acts, as may be \r\nspecified in the order ; and] \r\n \r\n(e) shall enter into a bond, with or without sureties for the due observance of the \r\ndirections specified in the order. \r\n \r\n (2) An order under sub -section (1) made by the District Magistrate shall not, unless \r\nGovernment by special order otherwise directs, remain in force for more than three months from the \r\nmaking thereof. \r\n \r\n (3) Government may at any time cancel or vary any order made by the District Magistrate under \r\nsub-section (1). \r\n \r\n \r\n \r\n1Ins., and subs by the West Pakistan Ordinance No. XVIII of 1964, s. 4. \r\n \r\n \r\nPage 8 of 15 \r\n \r\n (4) An order under clause (a) of sub-section (1) made by Government may specify as the area to \r\nwhich the order relates, the whole P rovince or any part thereof, and an order made by the District \r\nMagistrate may specify as such area the whole district or any part thereof : \r\n \r\n Provided that no such order made by Government shall direct the exclusion or removal from the \r\nProvince of any person ordi narily resident in the P rovince and no such order made by the District \r\nMagistrate shall direct the exclusion or removal from the district of any person ordinarily resident in \r\nthat district. \r\n \r\n (5) Where an order has been made under sub-section (1), the authority making the order shall, as \r\nsoon as may be 1[* * * * * * *] communicate to such person the grounds on which the order has been \r\nmade, inform him that he is at liberty to make a representation to Government against the order and \r\nafford him the earliest opportunity of doing so : \r\n \r\n Provided that the authority making any such or der may refuse to disclose facts which such \r\nauthority considers it to be against public interest to disclose. \r\n \r\n 1[(5)-a) Where a representation is made to Government against an order passed under sub -section \r\n(1), Government may, on consideration of the representation and after giving the person affected an \r\nopportunity of being heard, modify, confirm or rescind the order. \r\n \r\n (5-b) No order under clause ( b) of sub-section (1) shall have effect for a period exceeding three \r\nmonths u nless the Board constituted under sub -section (5) of section 3 has re ported, before the \r\nexpiration of the said period, that there is, in its opinion, sufficient cause for the making of such order; \r\nand the provisions of sub -sections (5-b), (5 -c), (5 -d), (5 -e) and ( 5-f) of section 3 shall, mutatis \r\nmutandis, apply to the reference made to the Board in regard to any such order.] \r\n \r\n (6) An order made under sub-section (1) shall remain inforce for such period not exceeding two \r\nyears as may be specified in the order. \r\n \r\n 6. Power to control publications. (1) Government or any authority authorized by it in this \r\nbehalf, if satisfied that such action is necessary for the purpose of preventing or combating any activity \r\nprejudicial to the maintenance of public order, may, by order in writing addressed to a printer, publisher \r\nor editor— \r\n \r\n (a) prohibit the printing or publication in any document or class of documents of \r\nany matter relating to a particular subject or class of subjects for a specified \r\nperiod, or in a particular issue or issues of a newspaper or periodical ; \r\n \r\n (b) require that any ma tter be published in any parti cular issue or issues of a \r\nnewspaper or periodical, and may while doing so specify the period during \r\nwhich and the manner in which such publication shall take place ; \r\n \r\n (c) require that any matter relating to a particular subject or class of subjects shall \r\nbefore publication be submitted for scrutiny ; \r\n \r\n \r\n1Omitted and ins. by West Pakistan Ordinance No. XVIII of 1964, s. 4. \r\n \r\n \r\n \r\nPage 9 of 15 \r\n \r\n (d) prohibit for a specified period the publication of any newspaper, perio dical, \r\nleaflet, or other publication, or the use of any press ; \r\n \r\n(e) require that the name and address of any person concerned in the supply or \r\ncommunication of any news, report or information be furnished to such \r\nauthority as may be specified in the order ; \r\n \r\n (f) require that any document connected with the news, report or information \r\nreferred to in clause (e) be delivered to such authority as may be specified in \r\nthe order : \r\n Provided that when an order is made under clause (a), (c) or (d)— \r\n \r\n (i) no such order shall remain in force for more than two months from the making \r\nthereof; \r\n \r\n(ii) 1[* * * * * * *] \r\n \r\n (2) Where an order has been made under sub -section (1), the authority making the order shall, \r\nas soon as may be, communicate to such person the grounds on which the order has been made, inform \r\nhim that he is at liberty to make a representation against the order to Government and afford him the \r\nearliest opportunity of doing so: \r\n \r\n Provided that the authority making any such order may refuse to disclose facts which such \r\nauthority considers it to be against public interest to disclose. \r\n \r\n 1[(2-a) Where a representation is made to Government against an order passed under sub-section \r\n(1), Government may on considerati on of the representation and giving the person affected an \r\nopportunity of being heard, modify, confirm or rescind the order.] \r\n \r\n (3) In the event of disobedience of an order under this section Government or the authority \r\nissuing the order may, with out prejudice to any other penalty to which the person guilty of the \r\ndisobedience is liable, order the seizure of all copies of any publication concerned and of any printing \r\npress or other instrument or apparatus used in the production of the publication 1[:] \r\n \r\n 1[Provided that no such order of seizure shall be passed without giving the printer, publisher or \r\neditor affected an opportunity of showing cause against the proposed order.] \r\n \r\n 7. Power to prohibit entry into West Pakistan of newspape rs, etc. (1) Government or any \r\nauthority authorized by it in this behalf, if satisfied that such action is necessary for the purpose of \r\npreventing or combating any activity pre -judicial to the maintenanc e of public order, may, by \r\nnotification, prohibit for a specified period the bringing into West Pakistan or any part thereof of any \r\nnewspaper, periodical, leaflet or other publication : \r\n \r\n \r\n \r\n1Omitted, ins, replaced and added by the West Pakistan Ordinance No. XVIII of 1964, s. 5. \r\n \r\n \r\n \r\n \r\nPage 10 of 15 \r\n \r\n Provided that no such order shall remain in force for more than two months from the making \r\nthereof: \r\n \r\n Provided further that the person against whom an order has been made may within ten days of \r\nthe passing of the order make a representation to Government or the authority aforesaid which may on \r\nconsideration thereof modify, confirm or rescind the order. \r\n \r\n (2) In the event of disobedience of an order under this section, Government or the authority \r\nissuing the order may, wi thout prejudice to any other penalty to which the person guilty of the \r\ndisobedience is liable, order the seizure of all copies of any newspaper, periodical, leaflet or other \r\npublication concerned 1[:] \r\n \r\n 1[Provided that no such order of seizure shall be passed without giving the person affected an \r\nopportunity of showing cause against the order.] \r\n \r\n 8. Power to secure reports of public meetings. (1) The District Magistrate may, by order in \r\nwriting depute one or more Police O fficers not below the rank of head constable, or other persons to \r\nattend any public meeting for the purpose of causing a report to be made of the proceedings. \r\n \r\n (2) Any such order shall operate as a direction to the persons responsible for the convening or the \r\nconduct of the meeting to admit free of charge the persons so deputed. \r\n \r\n Explanation—For the purpose of this section a public meeting is any meeting which is open to \r\nthe public or to any class or por tion of the public, and a meeting may be a public meeting \r\nnotwithstanding that it is held in a private place and notwithstanding that admission thereto is restricted \r\nby ticket or otherwise. \r\n \r\n 9. Service of orders in writing. (1) Where under the provisions of this Ordinance any power is \r\nto be exercised or any order or direction given by order in writing, then that order in writing— \r\n \r\n (a) if it is an order addre ssed to any servant of Gov ernment or authorising any \r\nservant of Government to take any action, shall be given in original or by a copy \r\nto the servant of Government concerned and shall be his authority for the doing \r\nof all things which he is required or enabled to do under the order ; \r\n \r\n (b) if it is an order made in respect of or addressed to any person not being a servant \r\nof Pakistan, may be served in original or by a copy of the order on the person in \r\nrespect of whom it is made or to whom it is address ed in the manner provided \r\nin the Code for the service of a summons ; \r\n \r\n (c) if it is an order addressed to the public generally, may be served by publication \r\nin such manner as the authority making the order considers best a dapted for \r\ninforming the persons concerned. \r\n \r\n \r\n \r\n \r\n1Replaced and added by the West Pakistan Ordinance No. XVIII of 1964, s. 6. \r\n \r\n \r\n \r\nPage 11 of 15 \r\n \r\n (2) Any person on whom an order is served as provided in clause (b) or clause (c) of sub-section \r\n(1) shall be deemed to have had notice of such order, and where the person to be served is a corporation, \r\ncompany, bank or association of persons the order may be served on any secretary, director or other \r\nofficer or person concerned with the management thereof, or by leaving it at, or sending it addressed \r\nto the corporation, company, bank or association by post to, its registered office, or where there is no \r\nregistered office, at or to the place where it carries on business. \r\n \r\n (3) Where a provision of this Ordinance empowers an authority, officer or person to take action \r\nby notified order, the provisions of sub -sections (1) and (2) shall not apply in relation to such order, \r\nand all persons whom the order con cerns shall, upon its notification, be deemed to have b een duly \r\ninformed of it. \r\n \r\n 10. Power to issue search warrants. The power to issue search warrants conferred by section \r\n98 of the Code shall be deemed to include the power to issue warrants for— \r\n \r\n (a) the search of any place in which any magistrate mentioned in that section has \r\nreason to believe that any offence under this Ordinance or any act prejudicial to \r\npublic safety or the maintenance of public order has been, is being or is about \r\nto be committed, or that preparation for the commission of any such offence or \r\nact is being made ; \r\n \r\n(b) the seizure in or on any place searched under clause (a) of anything which the \r\nofficer executing the warrant has reason to believe is being used or is intended \r\nto be used for any purpose mentioned in that clause ; \r\n \r\nand the provisions of the Code shall, so far as may be, apply to searches, made under the authority of \r\nany warrant issued and to the disposal of any property seized under this section. \r\n \r\n 11. General power of search. Any authority on which any power is conferred by or under this \r\nOrdinance may by general or special order authoris e any person to enter and search any place the \r\nsearch of which such authority has reason to believe to be necessary for the purpose of— \r\n \r\n(a) ascertaining whether it is necessary or expedient to exercise such power ; or \r\n \r\n (b) ascertaining whether any order given, direction made, or condition prescribed in \r\nthe exercise of such power has been duly complied with ; or \r\n \r\n (c) generally giving effect to such power or securing compliance with or giving effect \r\nto any order given, direction made or conditions prescribed in the exercise of such \r\npower. \r\n \r\n 12. Power to give effect to orders, etc. (1) Any authority, officer or person who is empowered \r\nby or in pursuance of this Ordinance to make any order, or to exercise any other power may, in addition \r\nto any other action prescribed by or under this Ordinance, t ake, or cause to be taken, such steps and \r\nuse, or cause to be used, such force as may, in the opinion of such authority, officer or person, be \r\nreasonably necessary for securing compliance with, or for preventing or rectifying any contravention \r\nof, such order, or for the effective exercise of such power. \r\n \r\n (2) Where in respect of any of the provisions of this Ordinance there is no authori ty, officer or \r\nperson empowered, to take action prescribed b y or under this Ordinance, Gov ernment may take or \r\n \r\nPage 12 of 15 \r\n \r\ncause to be taken such steps and use, or cause to be used, such force as may in the opinion of \r\nGovernment be reasonably necessary for securing compliance with or for preventing or rectifying any \r\nbreach of such provision. \r\n \r\n (3) The power to take steps under sub -section (1) or sub-section (2) includes the power to enter \r\nupon any land or other property whatsoever. \r\n \r\n 13. Penalty. Whoever contravenes any provision of this Ordi nance or disobeys or neglects to \r\ncomply with any order made or direction given in accordance with its provisions shall, where no \r\nexpress provision is made by this Ordinance for the punishment of such contrav ention, disobedience, \r\nor negligence, be punished with imprisonment which may extend to three years , or with fine, or with \r\nboth. \r\n \r\n 14. Abetment of offences. Whoever abets the commission of an offence punishable under this \r\nOrdinance shall, whether the act abetted is or is not committed in consequence of the abetment, be \r\npunished with the punishment provided for the offence. \r\n \r\n 15. Offence committed by corporation or association. Where the person committing an offence \r\npunishable under this Ordinance is a corporation, company, bank or association of persons, any \r\nsecretary, director or other officer or person concerned with the management thereof shall be punished \r\nwith the punishment provided for the offence unless he proves that the offence was committed without \r\nhis knowledge or consent. \r\n \r\n 16. Dissemination of rumours, etc. Whoever— \r\n \r\n(a) makes any speech, or \r\n \r\n (b) by words whether spoken or written or by signs or by visible or au dible \r\nrepresentations or otherwise publishes any statement, rumour or report, \r\n \r\n Shall be punished with imprisonment which may extend to three years, or with fine, or with both if such \r\nspeech, statement, rumour, or report— \r\n \r\n (i) causes or is likely to cause fear or alarm to the pu blic or to any section of the \r\npublic ; \r\n \r\n (ii) furthers or is like ly to further any activity pre judicial to public safety or the \r\nmaintenance of public order. \r\n \r\n 17. Possession or conveyance of pres cribed or prohibited documents. (1) Whoever, without \r\nlawful authority— \r\n \r\n \r\n(a) has in his possession, or on premises in his occupation or under his control, or \r\n \r\n(b) carries for delivery to another person otherwise than through the post, \r\n \r\n \r\n \r\n \r\nPage 13 of 15 \r\n \r\nany document in respect of which a notification under section 7 is in force, or of which the importation \r\nhas been prohibited under the Sea Customs Act, 1878 (VIII of 1878), or in respect of which an order \r\nof forfeiture has been made under any law for the time being in force or any document prejudicial to \r\npublic safety or the maintenance of public order shall, unless he proves that he was unaware of the \r\nnature of the document, be punished with imprisonment which may extend to one year, or with fine, \r\nor with both. \r\n \r\n (2) Whoever allows his name or address to be used to facilitate transmission through the post or \r\notherwise to any person other than the person for whom it purports to be intended of any document of \r\nthe nature referred to in sub-section (1) shall be punished with imprisonment which may extend to one \r\nyear, or with fine, or with both. \r\n \r\n 18. Wearing or display of uniforms or emblems. Whoever makes or has in his possession or \r\nwears, carries or displays any uniform, flag, banner or emblem signifying, or which has been declared \r\nby Government by notification to signify association with a movement prejudicial to public safety or \r\nthe maintenance of public order or with the promo tion of any activity prejudicia l to public safety or \r\nthe maintenance of public order shall be punished with imprisonment which may extend to one year, \r\nor with fine, or with both, and any such uniform, flag, banner or emblem wherever found shall be \r\nforfeited to Government. \r\n \r\n 19. Tampering with public servants. Whoever induces or attempts to induce any public servant \r\nor any servant of local authority to disregard or fail in his duties as such servant shall be punished with \r\nimprisonment which may extend to one year, or with fine, or with both. \r\n \r\n 20. Sabotage. (1) No person shall do any act with intent to impair the efficiency or impede the \r\nworking of or to cause damage to— \r\n \r\n (a) any building, vehicle, machinery, apparatus or other property used, or intended \r\nto be used, for the purposes of Government or any local authority ; \r\n \r\n (b) any railway (as defined in the Railways Act, 1890 (Act X of 1890 ), tramway, \r\nroad, canal, bridge, culvert, causeway, aerodrome or any telegraph, telegraph line \r\nor post (as defined in the Telegraph Act, 1885 (Act XIII of 1885) ; \r\n \r\n(c) any rolling-stock of a railway or tramway, or any aircraft ; \r\n \r\n (d) any building or other property used in connection with the production, distribution \r\nor supply of any essential commodity, any sewage works, mine or factory. \r\n \r\n (2) The provisions of sub-section (1) shall apply in relation to any omission on the part of a person \r\nto do anything which he is under a duty, either to Government or to any public authority or to any \r\nperson, to do, as they apply to the doing of any act by a person. \r\n (3) If any person approaches or is in the neighbourhood of any such building, place or property as \r\nis mentioned i n sub-section (1) in circumstan ces which afford reason to believe that he intends to \r\ncontravene that sub-section, he shall be deemed to have attempted a contravention thereof. \r\n (4) If any person contravenes or attempts to contravene any of the provisions of this section, he \r\nshall be punished with imprisonment for a term which may extend to three years, or with fine, or with \r\nboth. \r\n \r\nPage 14 of 15 \r\n \r\n 1[20-A. Representation against certain orders. (1) Where a representation is received under \r\nsub-section (5) of section 5 against an order under clause (a), clause (c), clause (d) or clause (e) of sub-\r\nsection (1) of section 5, Government shall, if the order represented against is not rescinded or cancelled \r\nand the order is to have effect for a period exceeding three months, forward the case, including the \r\nrepresentation, to the Board constituted under sub-section (5) of section 3. \r\n (2) Where a representation is made to Government under the provisions of sub -section (3) of \r\nsection 6 or sub -section (2) of section 7, Government shall , be as soon as may be, for ward the case, \r\nincluding the representation, to the Board constituted under sub-section (5) of section 3. \r\n (3) The Board shall, after considering the representation and such further information or material \r\nas may be placed before it by Government or the person making the represen tation, and giving such \r\nperson an opportunity of being heard, submit its report together with its r ecommendations to \r\nGovernment. \r\n (4) If the Board reports that the order against which the representation is made is unjustified, the \r\nGovernment shall vacate the order.] \r\n 21. Procedure for trial of offences. (1) In any area , the Government may by notification direct \r\nthat all the offences un der this Ordinance, shall, not withstanding anything in the Code, be tried in \r\naccordance with the procedure prescribed for the trial of summons cases by Chapter XX of the Code, \r\nsubject in the case of summary trials to the provisions of sections 263 to 265 of the Code. \r\n (2) The provisions of sub -section (1) shall apply to the trial of offences mentioned therein \r\ncommitted before the notification aforesaid. \r\n 22. Offence under Ordinance to be cognizable and non -bailable. Notwithstanding anything \r\ncontained in the Code every offence punishable under this Ordinance shall be cognizable and non -\r\nbailable. \r\n 23. Jurisdiction barred. Except as provided in this Ordinance no proceeding or order taken or \r\nmade under this Ordinance shall be called in question in any court and no civil or criminal proceeding \r\nshall be instituted against any person for anything in good faith done or intended to be done under this \r\nOrdinance. \r\n 24. Effect of orders, etc., inconsistent with other enactments. Any order made, and any other \r\naction taken, under this Ordinance shall have effect notwithstanding anything inconsistent therewith \r\ncontained in any enactment other than t his Ordinance or in any instrument having effect by virtue of \r\nany enactment other than this Ordinance. \r\n 25. Operation of other penal laws not barred. Nothing contained in this Ordinance shall be \r\ndeemed to prevent any person from being prosecuted under any other law for any act or omission \r\nwhich constitutes an offence punishable under this Ordinance. \r\n 26. Delegation of power to Deputy Commissioners. Government may, by order in writing, direct \r\nthat the power under sub-section (1) of section 3 shall, subject to such restrictions as may be specified, \r\nbe exercisable by any District Magistrate within his jurisdiction. \r\n \r\nIIns. by the West Pakistan Ordinance No. XVIII of 1964, s. 7. \r\n \r\nPage 15 of 15 \r\n \r\n 27. Power to make rules. Government may make rules not inconsistent with the provisions of \r\nthis Ordinance, to carry into effect the purpose thereof. \r\n 28. Repeal and saving. (1) (a) Sections 3, 4, 6, 7, 12, 17, 21, 22, 28, 29, and 30 of the Baluchistan \r\nPublic Safety Regulation, 1947, and sections 3, 4, 6, 7, 12, 17, 21, 22, 28, 29 and 30 of the Baluchistan \r\nStates Union Public Safety Regulation are hereby repealed. \r\n (b) The following Acts are hereby repealed :— \r\n (i) the Bahawalpur State Public Security Act, 1944, \r\n(ii) the North-West Frontier Province Public Safety Act, 1948 (N. W. F. P. \r\n III of 1948), \r\n(iii) the Punjab Public Safety Act, 1949 (Punjab XVIII of 1949), 1[*] \r\n(iv) the Khairpur Pubic Order and Detention Khairpur Act, 1954 (Khairpur \r\nXI of 1954) 1[,and] \r\n 1[(v) the Sind State Prisoners Regulation, 1827 (Sind Regulation XXV of \r\n1827).] \r\n (2) All such orders (whether notified or not) made and directions issued under the enactments \r\nrepealed under sub -section (1) as were in force i mmediately before the commencement of this \r\nOrdinance shall, so far as they are not inconsistent with the provisions of this Ordinance continue in \r\nforce and shall be deemed to have been made and issued under this Ordinance. \r\n \r\n \r\n________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n156022 Date: 08-01-2025 \r\n1Omitted, replaced and added by the West Pakistan Ordinance No. IX of 1963, s. 2.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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