PUNJAB VAGRANCY ORDINANCE, 1958
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THE PUNJAB VAGRANCY ORDINANCE, 1958 (XX of 1958)
TEXT 1THE 2[PUNJAB] VAGRANCY ORDINANCE, 1958 (XX of 1958) [1 October 1958] An Ordinance to amend and consolidate the law relating to vagrancy in the Province of 3[the Punjab]. Preamble.– WHEREAS it is expedient to amend and consolidate the law relating to vagrancy in the Province of 4[the Punjab] in the manner hereinafter appearing;
AND WHEREAS the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate action necessary;
NOW, THEREFORE, in exercise of the powers conferred by Article 102 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:–
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the 5[Punjab] Vagrancy Ordinance, 1958. 6[(2) It extends to the whole of the Province of 7[the Punjab], except the Tribal Areas.]
(3) It shall come into force in such area or areas and on such date or dates as Government may, by notification, direct.
Section 2. Definitions
In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say–
(a) “child” means a person under the age of fourteen years;
(b) “Controller” means the Controller of Vagrancy, 1[Punjab];
1This Ordinance was promulgated by the Governor of West Pakistan on October 1, 1958 (XX of 1958), published in the Gazette of West Pakistan (Extraordinary), dated October 1, 1958, pp. 1343-1350; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 17.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 15.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 17.
(c) “Government” means the 2[Provincial Government of the Punjab];
(d) “guardian” in relation to a child, includes any person who in the opinion of the court having cognizance of any case in which a child is concerned, has for the time being the charge of or control over such child;
3[(da) “organizer” means a person who organizes or employs or causes to employ one or more person or child for the purpose of vagrancy;
(db) “person” includes a transgender person as defined in the Transgender Persons (Protection of Rights) Act, 2018 (XIII of 2018);]
(e) “prescribed” means prescribed by rules made under this Ordinance;
(f) “public place” includes any public park, garden, railway station, ground or vehicle to which the public for the time being have access, whether on payment or otherwise;
(g) “vagrant” means a person who–
(i) solicits or receives alms in a public place;
(ii) exposes or exhibits any sore, wound, injury, deformity or disease in a public place for the purpose of soliciting or receiving alms;
(iii) allows himself to be used as an exhibit for the purpose of soliciting or receiving alms;
(iv) enters on any private premises without the invitation of the occupier for the purpose of soliciting or receiving alms; but does not include a person who solicits or receives money, food or gift for a purpose authorised by rules under a prescribed certificate;
(h) “welfare home” means an institution established and maintained by Government for the detention, training, employment and maintenance of vagrants and their dependents other than those who are lepers, lunatics or suffering from contagious diseases and includes an institution notified by Government as such for the purposes of this Ordinance.
Section 3. Welfare homes
(1) Government shall establish and maintain one or more welfare homes at such place or places as it thinks fit for the custody and detention of vagrants.
(2) Government may, by notification, declare any existing charitable or other institution with previous consent of the controlling authority of such institution
1Ibid.
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 17.
3Inserted by the Punjab Vagrancy (Amendment) Act 2025 (XVI of 2025), published in the Punjab Gazette (Extraordinary), dated: 24 March 2025, pp. 3599-3600, s. 2.
and on such conditions as may be mutually agreed upon between Government and the said authority, to be a welfare home for the purposes of this Ordinance.
Section 4. Manager
Every welfare home shall be under the immediate charge of a manager appointed by Government and such manager shall be assisted by such medical and educational staff as Government may appoint.
Section 5. Duties of the manager
(1) The manager of a welfare home shall, as soon as may be, get every vagrant medically examined and the report of the examination shall state, inter alia–
(a) the sex and the age of the vagrant;
(b) whether the vagrant is a leper?
(c) whether he is suffering from any other contagious disease?
(d) whether the vagrant is insane, or mentally deficient?
(e) what is the general state of health and bodily condition of the vagrant and for which, if any, of the prescribed types of work such vagrant is fit?
(2) The manager of a welfare home shall keep the following classes of vagrants separately from each other–
(a) children;
(b) females;
(c) lepers or persons suffering from contagious diseases;
(d) lunatics;
(e) infirm, old or incapacitated;
(f) able bodied:
Provided that children less than seven years of age or females may be allowed to take up residence in the same apartment in which any male member of their family is confined.
(3) The manager shall arrange–
(a) for the education of the children detained in the welfare home;
(b) for such instruction of the vagrants, as may rehabilitate them in useful trades and make them self-supporting.
Section 6. Voluntary admission to welfare homes
Any old, infirm or disabled person or a child may present himself before the 1[District Officer, Social Welfare] for being admitted to a welfare home and if the 2[District Officer, Social Welfare] is satisfied that such person has no source of livelihood, he may be detained in a welfare home
1Substituted for the words “District Magistrate” by the Punjab Vagrancy (Amendment) Ordinance, 2001 (XXIX of 2001), published in the Punjab Gazette (Extraordinary), dated October 18, 2001, pp. 1739-1740, s. 2, which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
2Ibid.
till such time as such person becomes possessed of means of livelihood or applies for his release from custody.
Section 7. Powers of police officer to arrest and search vagrants and to seize things liable to confiscation
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest and search any person who appears to him to be a vagrant and may seize anything found on or about such person which he has reason to believe to be liable to confiscation under this Ordinance.
(2) A person arrested under the last preceding sub-section, shall be released if he furnishes bail to the satisfaction of the police officer making arrest for his appearance before the Magistrate having jurisdiction in the area where the arrest is made.
(3) If the person arrested is not able to furnish bail to the satisfaction of the police officer making arrest, such person shall be detained in custody and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall, be detained in custody beyond the said period without an authority of the Magistrate.
Section 8. Trial
When the person arrested under the last preceding section appears or is brought before the Magistrate, he shall be tried in accordance with the procedure prescribed for the trial of summons cases under Chapter XX of the Code of Criminal Procedure, 1898 1:
Provided that whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in a trial, ceases to exercise jurisdiction therein, and is succeeded by another Magistrate, who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor or partly recorded by his predecessor and partly recorded by himself; or he may re-summon the witnesses and recommence the enquiry or trial.
Section 9. Sentence for vagrancy
If the Magistrate finds that a person is a vagrant, such person shall be punished with imprisonment of either description for a period not exceeding three years:
Provided that in any case in which a person who has not been previously convicted of an offence under this Ordinance, is convicted of an offence under this Ordinance, the Magistrate may instead of sentencing him to a term of imprisonment, release him after due admonition on his, or in case such vagrant is a child, on his guardian entering into a bond with or without sureties to appear and receive the sentence when called upon during such period (not exceeding three years) as the Magistrate may direct and in the meantime to refrain from conducting himself as a vagrant.
[2] Section 10. Punishment for organizing, employing or causing a person or child to ask for alms
(1) Whoever, being organizer, employees or causes:
1V of 1898.
2Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XVI of 2025), published in the Punjab Gazette (Extraordinary), dated: 24 March 2025, pp. 3599-3600, s. 3.
(a) a person, without any injury or incapacitation, to solicit or receive alms or uses him as exhibit for the purpose of soliciting or receiving alms, shall be punished with imprisonment which may extend to three years and fine up to three hundred thousand rupees but not less than one hundred thousand rupees and in case of default of fine, the offender shall undergo further imprisonment of six months; or
(b) more than one person, without any injury or incapacitation, to solicit or receive alms or uses them as exhibit for the purpose of soliciting or receiving alms, shall be punished with imprisonment which may extend to five years but not less than three years and fine up to five hundred thousand rupees but not less than three hundred thousand rupees and in case of default of fine, the offender shall undergo further imprisonment of six months; or
(c) a child, without any injury or incapacitation, to solicit or receive alms or uses him as exhibit for the purpose of soliciting or receiving alms, shall be punished with imprisonment which may extend to five years but not less than three years and fine up to five hundred thousand rupees but not less than three hundred thousand rupees and in case of default of fine, the offender shall undergo further imprisonment of six months; or
(d) more than one child, without any injury or incapacitation, to solicit or receive alms or uses them as exhibit for the purpose of soliciting or receiving alms, shall be punished with imprisonment which may extend to seven years but not less than five years and fine up to seven hundred thousand rupees but not less than five hundred thousand rupees and in case of default of fine, the offender shall undergo further imprisonment of one year; or
(e) one or more than one person, or child with any injury or incapacitation, to solicit or receive alms or uses such child as exhibit for the purpose of soliciting or receiving alms shall be punished with imprisonment which may extend to ten years but not less than seven years and fine up to two million rupees but not less than one million rupees and in case of default of fine, the offender shall undergo further imprisonment of two
years.
(2) Whoever, being guardian, employs, connives at or causes a child to solicit or receive alms or uses such child as exhibit for the purpose of soliciting or receiving alms, shall be punished with imprisonment which may extend to three years and fine up to three hundred thousand rupees but not less than one hundred thousand rupees and in case of default of fine, the offender shall undergo further imprisonment of six months.
(3) Whoever, being organizer or guardian, as the case may be, previously convicted of an offence under this Ordinance, is convicted for the same offence, shall be liable to double punishment provided for that offence under this Ordinance.]
Section 11. Presumption
If a person has no ostensible source of subsistence and wanders about or remains in a public place in such condition or manner as raises a reasonable suspicion that he is there to solicit or receive alms, it shall be presumed, unless the contrary is proved that such person is a vagrant.
Section 12. Detention of dependents
(1) If any vagrant sentenced under section 9 to a term of imprisonment has a child below seven years of age or any other person wholly dependent upon him, the Magistrate may, after making such inquiry as he thinks fit and after giving such person an opportunity of being heard, direct that such child or person shall be detained in the welfare home so long as the vagrant remains in custody:
Provided that a child of the vagrant who is below the age of seven years shall be detained along with the vagrant until he attains the age of seven years.
(2) Where the dependent is a child above seven years of age, or when the child detained under the last preceding sub-section, attains the age of seven years, the Magistrate or any other officer empowered by Government in this behalf may direct that such child be detained in any other institution approved by Government.
Section 13. Compulsory contribution by persons bound to maintain vagrants
(1) If the Magistrate is satisfied that a vagrant or a person bound to maintain a vagrant has sufficient means, he shall make an order directing such vagrant or the person bound to maintain such vagrant, as the case may be, to contribute in the prescribed manner towards the maintenance of such vagrant in a welfare home:
Provided that no order under this sub-section shall be made without giving the person from whom contribution is required the opportunity of being heard.
(2) If any contribution directed by the Magistrate under the last preceding sub-section remains unpaid, the same may be recovered as arrears of land revenue.
Section 14. Place of detention or imprisonment
A vagrant arrested under this Ordinance shall remain in custody, or, if convicted serve his term of imprisonment in the prescribed manner, as the case may be, in the nearest welfare home or such other place as Government may by general or special order, direct.
Section 15. Transfer of vagrants from welfare homes
The Controller or any other officer specially empowered by Government in this behalf may by an order in writing direct the transfer of a vagrant from one welfare home to another or to any other place appointed by Government in this behalf.
Section 16. Release on probation or short leave
The Controller or any other officer specially empowered by Government in this behalf may, subject to such conditions as may be prescribed,–
(a) release any vagrant on probation after he has served imprisonment for a period not less than one year;
(b) release a vagrant detained in a welfare home by granting him a licence, and, after the expiration of three months from the commencement of the release on licence, recommend to Government the unconditional release of such vagrant if he considers that there is probability of such vagrant’s abstaining from vagrancy;
(c) grant short leave of absence to any vagrant detained in a welfare home 1[ 2[* * *]]:
Provided that a vagrant contravening any condition relating to his release on licence may be re-arrested under the orders of the Controller and sent to the welfare home for completing the sentence awarded to him under section 9.
Section 17. Powers of discharge of vagrants from welfare homes
The Controller or any other officer specially empowered by Government in this behalf may discharge a vagrant from a welfare home–
(a) if he is satisfied that a vagrant has become possessed of an income sufficient to enable him to support himself without resorting to vagrancy;
(b) if a relative of such vagrant, or a person interested in the welfare of the vagrant, enters into a bond with or without sureties to look after and maintain such vagrant and to prevent him from resorting to vagrancy;
(c) on the certificate of the manager of the welfare home that satisfactory employment has been obtained for such vagrant;
(d) for any other good and sufficient reason to be recorded in writing.
Section 18. Effect of other laws and enactments
The provisions of this Ordinance, and any order made or action taken under this Ordinance, shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance, for the time being in force, and any instrument having its effect by virtue of any such enactment other than this Ordinance.
[3] Section 19. Cognizance and bail
All offences under this Ordinance shall be cognizable and non-bailable, except the offence punishable under section 9 which shall be cognizable and bailable.]
[4] Section 20. Jurisdiction
The offences punishable under section 10 shall be tried in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898).]
Section 21. Appeal
Any person aggrieved by an order of a Magistrate under this Ordinance may within thirty days of such order appeal to the 5[* * * * *] Sessions
Court.
1Added by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2, read with Schedule, Serial No. 15.
2Deleted for the words “and the District of Karachi” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 17.
3Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XVI of 2025), published in the Punjab Gazette (Extraordinary), dated: 24 March 2025, pp. 3599-3600, s. 4.
4Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XVI of 2025), published in the Punjab Gazette (Extraordinary), dated: 24 March 2025, pp. 3599-3600, s. 5.
5Omitted the words “District Magistrate and if such order is made by the District Magistrate to the” by the Punjab Vagrancy
(Amendment) Ordinance, 2001 (XXIX of 2001), published in the Punjab Gazette (Extraordinary), dated October 18, 2001, pp. 1739-1740, s. 2, which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
Section 22. Persons to be deemed to be public servants
All persons empowered to perform any function under this Ordinance shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860
1.
Section 23. Indemnity
No suit, prosecution, or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance.
Section 24. Articles liable to confiscation
All things and money found on or about a vagrant except the necessary wearing apparel shall be liable to confiscation to Government under this Ordinance.
Section 25. Power to make rules
(1) Government may make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–
(a) the purposes for which a person may solicit or receive money or ask for food or gift referred to in clause (g) of section 2 and the form of the certificate;
(b) the manner in which Controller shall discharge his functions;
(c) the manner in which a medical officer may examine a vagrant;
(d) the types of works for which a vagrant may be reported fit;
(e) the types of the hard labour which is to form the punishment;
(f) the manner in which an imprisonment under this Ordinance may be served;
(g) the manner in which a vagrant may be transferred from one welfare home to another or to any other place of detention;
(h) the manner in which the manager of a welfare home is to certify that satisfactory employment has been obtained for a vagrant;
(i) the place or institutions where children detained under this Ordinance are to be confined;
(j) the places or institutions where lepers, lunatics and persons suffering from contagious diseases may be confined.
(3) Every rule under this Ordinance shall be laid before the 2[Provincial Assembly] and may be amended or repealed by a resolution of the said Assembly.
Section 26. Repeal
The Sind Vagrancy Act, 1947 3, is hereby repealed.
notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. 1XLV of 1860.
2Substituted for the words “West Pakistan Assembly” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f.
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule, Part III, Serial No. 17. 3Sind XVII of 1947.
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CONTENTS 1. Short title, extent and commencement. 2. Definitions. 3. Welfare homes. 4. Manager. 5. Duties of the manager. 6. Voluntary admission to welfare homes. 7. Powers of police officer to arrest and sea rch vagrants and to seize things liable to confiscation. 8. Trial. 9. Sentence for vagrancy. 10. Punishment for organizing, employing or causing a person or chi ld to ask for alms. 11. Presumption. 12. Detention of dependents. 13. Compulsory contribution by persons bound to maintain vagrants. 14. Place of detention or imprisonment. 15. Transfer of vagrants from welfare homes. 16. Release on probation or short leave. 17. Powers of discharge of vagrants from welfare homes. 18. Effect of other laws and enactments. 19. Cognizance and bail. 20. Jurisdiction. 21. Appeal. 22. Persons to be deemed to be public servants. 23. Indemnity. 24. Articles liable to confiscation. 25. Power to make rules. 26. Repeal.
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THE PUNJAB VAGRANCY ORDINANCE, 1958
(XX of 1958)
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Welfare homes.
4. Manager.
5. Duties of the manager.
6. Voluntary admission to welfare homes.
7. Powers of police officer to arrest and sea rch vagrants and to seize
things liable to confiscation.
8. Trial.
9. Sentence for vagrancy.
10. Punishment for organizing, employing or causing a person or chi ld to
ask for alms.
11. Presumption.
12. Detention of dependents.
13. Compulsory contribution by persons bound to maintain vagrants.
14. Place of detention or imprisonment.
15. Transfer of vagrants from welfare homes.
16. Release on probation or short leave.
17. Powers of discharge of vagrants from welfare homes.
18. Effect of other laws and enactments.
19. Cognizance and bail.
20. Jurisdiction.
21. Appeal.
22. Persons to be deemed to be public servants.
23. Indemnity.
24. Articles liable to confiscation.
25. Power to make rules.
26. Repeal.
TEXT
1
THE
2
[PUNJAB] VAGRANCY ORDINANCE, 1958
(XX of 1958)
[1 October 1958]
An
Ordinance
to amend and consolidate the law relating to vagrancy in the Province of
3
[the
Punjab].
Preamble.– WHEREAS it is expedient to amend and consolidate the law relating to
vagrancy in the Province of
4
[the Punjab] in the manner hereinafter appearing;
AND WHEREAS the Provincial Assembly of West Pakistan is not in session
and the Governor of West Pakistan is satisfied that circumstances exist which render
immediate action necessary;
NOW, THEREFORE, in exercise of the powers conferred by Article 102 of the
Constitution, the Governor of West Pakistan is pleased to ma ke and promulgate the
following Ordinance:–
1. Short title, extent and commencement .– (1) This Ordinance may be called
the
5
[Punjab] Vagrancy Ordinance, 1958.
6
[(2) It extends to the whole of the Province of
7
[the Punjab] , except the Tribal
Areas.]
(3) It shall come into force in such area or areas and on such date or dates
as Government may, by notification, direct.
2. Definitions.– In this Ordinance, unless the context otherwise requires, the
following expressions shall have the meanings hereby respectiv ely assigned to
them, that is to say–
(a) “child” means a person under the age of fourteen years;
(b) “Controller” means the Controller of Vagrancy,
1
[Punjab];
1This Ordinance was promulgated by the Governor of West Pakistan on October 1, 1958 (XX of 1958), published in the Gazette
of West Pakistan (Extraordinary), dated Oct ober 1, 1958, pp. 1343-1350; saved and given permanent effect by Article 225 of
the Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule, Part III, Serial No. 17.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 15.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule, Part III, Serial No. 17.
(c) “Government” means the
2
[Provincial Government of the Punjab];
(d) “guardian” in relation to a child, includes any person who in the opinion
of the court having cognizance of any case in which a child is
concerned, has for the time being the charge of or control over such
child;
3
[(da) “organizer” means a person who organizes or employs or causes to
employ one or more person or child for the purpose of vagrancy;
(db) “person” includes a transgender person as defined in the Transgender
Persons (Protection of Rights) Act, 2018 (XIII of 2018);]
(e) “prescribed” means prescribed by rules made under this Ordinance;
(f) “public place” includes any public park, garden, railway station, ground
or vehicle to which the public for the time being have access, whether
on payment or otherwise;
(g) “vagrant” means a person who–
(i) solicits or receives alms in a public place;
(ii) exposes or exhibits any sore, wound, injury, deformity or
disease in a public place for the purpose of soliciting or receiving
alms;
(iii) allows himself to be used as an exhibit for the purpose of
soliciting or receiving alms;
(iv) enters on any private premises without the invitation of the
occupier for the purpose of soliciting or receiving alms;
but does not include a person who solicits or r eceives money, food or
gift for a purpose authorised by rules under a prescribed certificate;
(h) “welfare home” means an institution established and maintained by
Government for the detention, training, employment and maintenance
of vagrants and their dependents other than those who are lepers,
lunatics or suffering from contagious diseases and includes an
institution notified by Government as such for the purposes of this
Ordinance.
3. Welfare homes.– (1) Government shall establish and maintain one or more
welfare homes at such place or places as it thinks fit for the custody and detention of
vagrants.
(2) Government may, by notification, declare any existing charitable or
other institution with previous consent of the controlling authority of such institution
1Ibid.
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), dated Nov ember 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule, Part III, Serial No. 17.
3Inserted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025), published in the Punjab Gazette (Extraordinary),
dated: 24 March 2025, pp. 3599-3600, s. 2.
and on such conditions as may be mutually agreed upon between Government and
the said authority, to be a welfare home for the purposes of this Ordinance.
4. Manager.– Every welfare home shall be under the immediate charge of a
manager appointed by Government and such manager shall be assisted by such
medical and educational staff as Government may appoint.
5. Duties of the manager .– (1) The manager of a welfare home shall, as soon
as may be, get every vagrant medically examined and the report of the examination
shall state, inter alia–
(a) the sex and the age of the vagrant;
(b) whether the vagrant is a leper?
(c) whether he is suffering from any other contagious disease?
(d) whether the vagrant is insane, or mentally deficient?
(e) what is the general state of health and bodily condition of the vagrant
and for which, if any, of the prescrib ed types of work such vagrant is
fit?
(2) The manager of a welfare home shall keep the following classes of
vagrants separately from each other–
(a) children;
(b) females;
(c) lepers or persons suffering from contagious diseases;
(d) lunatics;
(e) infirm, old or incapacitated;
(f) able bodied:
Provided that children less than seven years of age or females may be
allowed to take up residence in the same apartment in which any male member of
their family is confined.
(3) The manager shall arrange–
(a) for the education of the children detained in the welfare home;
(b) for such instruction of the vagrants, as may rehabilitate them in useful
trades and make them self-supporting.
6. Voluntary admission to welfare homes .– Any old, infirm or disabled person
or a child may present himself before the
1
[District Officer, Social Welfare] for being
admitted to a welfare home and if the
2
[District Officer, Social Welfare] is satisfied
that such person has no source of livelihood, he may be detained in a welfare home
1Substituted for the words “Distric t Magistrate” by the Punjab Vag rancy (Amendment) Ordinance, 2001 (XXIX of 2001),
published in the Punjab Gazette (Extraordinary), dated October 18, 2001, pp. 1739-1740, s. 2, which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan.
2Ibid.
till such time as such person becomes possessed of means of livelihood or applies
for his release from custody.
7. Powers of police officer to arrest and search vagrants and to seize
things liable to confiscation .– (1) Any police officer may without an order from a
Magistrate and without a warrant, arrest and search any person who appears to him
to be a vagrant and may seize anything found on or about such person which he has
reason to believe to be liable to confiscation under this Ordinance.
(2) A person a rrested under the last preceding sub -section, shall be
released if he furnishes bail to the satisfaction of the police officer making arrest for
his appearance before the Magistrate having jurisdiction in the area where the arrest
is made.
(3) If the person arrested is not able to furnish bail to the satisfaction of the
police officer making arrest, such person shall be detained in custody and shall be
produced before the nearest Magistrate within a period of twenty -four hours of such
arrest, excluding the time necessary for the journey from the place of arrest to the
Court of the Magistrate and no such person shall , be detained in custody beyond the
said period without an authority of the Magistrate.
8. Trial.– When the person arrested under the last prece ding section appears or
is brought before the Magistrate, he shall be tried in accordance with the procedure
prescribed for the trial of summons cases under Chapter XX of the Code of Criminal
Procedure, 1898
1
:
Provided that whenever any Magistrate, after having heard and recorded the
whole or any part of the evidence in a trial, ceases to exercise jurisdiction therein,
and is succeeded by another Magistrate, who has and who exercises such
jurisdiction, the Magistrate so succeeding may act on the evidence s o recorded by
his predecessor or partly recorded by his predecessor and partly recorded by
himself; or he may re-summon the witnesses and recommence the enquiry or trial.
9. Sentence for vagrancy .– If the Magistrate finds that a person is a vagrant,
such person shall be punished with imprisonment of either description for a period
not exceeding three years:
Provided that in any case in which a person who has not been previously
convicted of an offence under this Ordinance, is convicted of an offence under this
Ordinance, the Magistrate may instead of sentencing him to a term of imprisonment,
release him after due admonition on his, or in case such vagrant is a child, on his
guardian entering into a bond with or without sureties to appear and receive the
sentence when called upon during such period (not exceeding three years) as the
Magistrate may direct and in the meantime to refrain from conducting himself as a
vagrant.
2
[10. Punishment for organizing, employing or causing a person or child to ask
for alms.- (1) Whoever, being organizer, employees or causes:
1V of 1898.
2Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025), published in the Punjab Gazette (Extraordinary),
dated: 24 March 2025, pp. 3599-3600, s. 3.
(a) a person, without any injury or incapacitation, to solicit or receive alms
or uses him as exhibit for the purpose of soliciting or receiving alms,
shall be punished with imprisonment which may extend to three years
and fine up to three hundred thousand rupees but not less than one
hundred thousand rupees and in case of default of fine, the offender
shall undergo further imprisonment of six months; or
(b) more than one person, without any injury or incapacitat ion, to solicit or
receive alms or uses them as exhibit for the purpose of soliciting or
receiving alms, shall be punished with imprisonment which may extend
to five years but not less than three years and fine up to five hundred
thousand rupees but not le ss than three hundred thousand rupees and
in case of default of fine, the offender shall undergo further
imprisonment of six months; or
(c) a child, without any injury or incapacitation, to solicit or receive alms or
uses him as exhibit for the purpose of soli citing or receiving alms, shall
be punished with imprisonment which may extend to five years but not
less than three years and fine up to five hundred thousand rupees but
not less than three hundred thousand rupees and in case of default of
fine, the offender shall undergo further imprisonment of six months; or
(d) more than one child, without any injury or incapacitation, to solicit or
receive alms or uses them as exhibit for the purpose of soliciting or
receiving alms, shall be punished with imprisonment whic h may extend
to seven years but not less than five years and fine up to seven
hundred thousand rupees but not less than five hundred thousand
rupees and in case of default of fine, the offender shall undergo further
imprisonment of one year; or
(e) one or more than one person, or child with any injury or incapacitation,
to solicit or receive alms or uses such child as exhibit for the purpose of
soliciting or receiving alms shall be punished with imprisonment which
may extend to ten years but not less than seven years and fine up to
two million rupees but not less than one million rupees and in case of
default of fine, the offender shall undergo further imprisonment of two
years.
(2) Whoever, being guardian, employs, connives at or causes a child to
solicit or re ceive alms or uses such child as exhibit for the purpose of soliciting or
receiving alms, shall be punished with imprisonment which may extend to three
years and fine up to three hundred thousand rupees but not less than one hundred
thousand rupees and in case of default of fine, the offender shall undergo further
imprisonment of six months.
(3) Whoever, being organizer or guardian, as the case may be, previously
convicted of an offence under this Ordinance, is convicted for the same offence,
shall be liable to double punishment provided for that offence under this Ordinance.]
11. Presumption.– If a person has no ostensible source of subsistence and
wanders about or remains in a public place in such condition or manner as raises a
reasonable suspicion that he is there to solicit or receive alms, it shall be presumed,
unless the contrary is proved that such person is a vagrant.
12. Detention of dependents.– (1) If any vagrant sentenced under section 9 to a
term of imprisonment has a child below seven years of age or any other person
wholly dependent upon him, the Magistrate may, after making such inquiry as he
thinks fit and after giving such person an opportunity of being heard, direct that such
child or person shall be detained in the welfare home so long as the vagrant remains
in custody:
Provided that a child of the vagrant who is below the age of seven years shall
be detained along with the vagrant until he attains the age of seven years.
(2) Where the dependent is a child above seven years of age, or wh en the
child detained under the last preceding sub -section, attains the age of seven years,
the Magistrate or any other officer empowered by Government in this behalf may
direct that such child be detained in any other institution approved by Government.
13. Compulsory contribution by persons bound to maintain vagrants .– (1) If
the Magistrate is satisfied that a vagrant or a person bound to maintain a vagrant has
sufficient means, he shall make an order directing such vagrant or the person bound
to maintain such vagrant, as the case may be, to contribute in the prescribed manner
towards the maintenance of such vagrant in a welfare home:
Provided that no order under this sub-section shall be made without giving the
person from whom contribution is required the opportunity of being heard.
(2) If any contribution directed by the Magistrate under the last preceding
sub-section remains unpaid, the same may be recovered as arrears of land revenue.
14. Place of detention or imprisonment .– A vagrant arrested under this
Ordinance shall remain in custody, or, if convicted serve his term of imprisonment in
the prescribed manner, as the case may be, in the nearest welfare home or such
other place as Government may by general or special order, direct.
15. Transfer of vag rants from welfare homes .– The Controller or any other
officer specially empowered by Government in this behalf may by an order in writing
direct the transfer of a vagrant from one welfare home to another or to any other
place appointed by Government in this behalf.
16. Release on probation or short leave .– The Controller or any other officer
specially empowered by Government in this behalf may, subject to such conditions
as may be prescribed,–
(a) release any vagrant on probation after he has served impris onment for
a period not less than one year;
(b) release a vagrant detained in a welfare home by granting him a
licence, and, after the expiration of three months from the
commencement of the release on licence, recommend to Government
the unconditional rel ease of such vagrant if he considers that there is
probability of such vagrant’s abstaining from vagrancy;
(c) grant short leave of absence to any vagrant detained in a welfare home
1
[
2
[* * *]]:
Provided that a vagrant contravening any condition relating to his
release on licence may be re -arrested under the orders of the Controller and
sent to the welfare home for completing the sentence awarded to him under
section 9.
17. Powers of discharge of vagrants from welfare homes .– The Controller or
any other officer specially empowered by Government in this behalf may discharge a
vagrant from a welfare home–
(a) if he is satisfied that a vagrant has become possessed of an income
sufficient to enable him to support himself without resorting to
vagrancy;
(b) if a relative of such vagrant, or a person interested in the welfare of the
vagrant, enters into a bond with or without sureties to look after and
maintain such vagrant and to prevent him from resorting to vagrancy;
(c) on the certificate of the manager of the welfare home that satisfactory
employment has been obtained for such vagrant;
(d) for any other good and sufficient reason to be recorded in writing.
18. Effect of other laws and enactments .– The provisions of this Ordinance,
and any order made or action t aken under this Ordinance, shall have effect
notwithstanding anything inconsistent therewith contained in any enactment other
than this Ordinance, for the time being in force, and any instrument having its effect
by virtue of any such enactment other than this Ordinance.
3
[19. Cognizance and bail.– All offences under this Ordinance shall be cognizable
and non -bailable, except the offence punishable under section 9 which shall be
cognizable and bailable.]
4
[20. Jurisdiction .– The offences punishable under se ction 10 shall be tried in
accordance with the provisions of the Code of Criminal Procedure, 1898 (V of
1898).]
21. Appeal.– Any person aggrieved by an order of a Magistrate under this
Ordinance may within thirty days of such order appeal to the
5
[* * * * *] Sessions
Court.
1Added by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West
Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2, read with Schedule, Serial No. 15.
2Deleted for the words “and the District of Karachi” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Ex traordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule, Part III, Serial No. 17.
3Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025), published in the Punjab Gazette (Extraordinary),
dated: 24 March 2025, pp. 3599-3600, s. 4.
4Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025), published in the Punjab Gazette (Extraordinary),
dated: 24 March 2025, pp. 3599-3600, s. 5.
5Omitted the words “District Magistrate and if such order is made b y the District Magistrate to the” by the Punjab Vagrancy
(Amendment) Ordinance, 2001 (XXIX of 2001), published in the Punjab Gazette (Extraordinary), dated October 18, 2001, pp.
1739-1740, s. 2, which will remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
22. Persons to be deemed to be public servants .– All persons empowered to
perform any function under this Ordinance shall be deemed to be public servants
within the meaning of section 21 of the Pakistan Penal Code, 1860
1
.
23. Indemnity.– No suit, prosecution, or other legal proceeding shall lie against
any person for anything in good faith done or intended to be done under this
Ordinance.
24. Articles liable to confiscation .– All things and money found on or about a
vagrant except the nec essary wearing apparel shall be liable to confiscation to
Government under this Ordinance.
25. Power to make rules .– (1) Government may make rules for carrying out the
purposes of this Ordinance.
(2) In particular and without prejudice to the generality o f the foregoing
power, such rules may provide for all or any of the following matters, namely:–
(a) the purposes for which a person may solicit or receive money or ask for
food or gift referred to in clause (g) of section 2 and the form of the
certificate;
(b) the manner in which Controller shall discharge his functions;
(c) the manner in which a medical officer may examine a vagrant;
(d) the types of works for which a vagrant may be reported fit;
(e) the types of the hard labour which is to form the punishment;
(f) the manner in which an imprisonment under this Ordinance may be
served;
(g) the manner in which a vagrant may be transferred from one welfare
home to another or to any other place of detention;
(h) the manner in which the manager of a welfare h ome is to certify that
satisfactory employment has been obtained for a vagrant;
(i) the place or institutions where children detained under this Ordinance
are to be confined;
(j) the places or institutions where lepers, lunatics and persons suffering
from contagious diseases may be confined.
(3) Every rule under this Ordinance shall be laid before the
2
[Provincial
Assembly] and may be amended or repealed by a resolution of the said Assembly.
26. Repeal.– The Sind Vagrancy Act, 1947
3
, is hereby repealed.
notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
1XLV of 1860.
2Substituted for the words “West Pakistan Assembly” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f.
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read
with Schedule, Part III, Serial No. 17.
3Sind XVII of 1947.This law in the library
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Instruments cited by this law 3
References to provisions in this text 4
Section 9
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or receive alms, it shall be presumed, unless the contrary is proved that such person is a vagrant. 12. Detention of dependents.– (1) If any vagrant sentenced under section 9 to a term of imprisonment has a child below seven years of age or any other person wholly dependent upon him, the Magistrate may, after making such inquiry as he thinks fit and after giving such person an opportunity of be
Section 9
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ting to his release on licence may be re -arrested under the orders of the Controller and sent to the welfare home for completing the sentence awarded to him under section 9. 17. Powers of discharge of vagrants from welfare homes .– The Controller or any other officer specially empowered by Government in this behalf may discharge a vagrant from a welfare home– (a) if he is satisfied that a va
Section 9
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other than this Ordinance. 3 [19. Cognizance and bail.– All offences under this Ordinance shall be cognizable and non -bailable, except the offence punishable under section 9 which shall be cognizable and bailable.] 4 [20. Jurisdiction .– The offences punishable under se ction 10 shall be tried in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898).] 21. Appea
Section 2
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r all or any of the following matters, namely:– (a) the purposes for which a person may solicit or receive money or ask for food or gift referred to in clause (g) of section 2 and the form of the certificate; (b) the manner in which Controller shall discharge his functions; (c) the manner in which a medical officer may examine a vagrant; (d) the types of works for which a vagrant may be report
Provisions explicitly cited in other instruments 4
Article 225 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB VAGRANCY ORDINANCE, 1958
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on October 1, 1958 (XX of 1958), published in the Gazette of West Pakistan (Extraordinary), dated Oct ober 1, 1958, pp. 1343-1350; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, A
Target heading · Constitution of the Islamic Republic of Pakistan
225. Election dispute. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis-e-Shoora (Parliament).]
Article 128 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB VAGRANCY ORDINANCE, 1958
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remain in force under the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. 2Ibid. till such time as such person becomes possessed of means of livelihood or applies for his release from custody. 7. Powers of police officer to arrest and search vagrants and to seize things liable to confiscatio
Target heading · Constitution of the Islamic Republic of Pakistan
128. Power of Governor to promulgate Ordinances .__ (1) The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated un
Section 21 of Pakistan Penal Code, 1860
Cited by PUNJAB VAGRANCY ORDINANCE, 1958
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- Pakistan Penal Code (PPC),1860 (Under Review) · Federal
- PAKISTAN PENAL CODE, 1860 · Punjab
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to be deemed to be public servants .– All persons empowered to perform any function under this Ordinance shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 1 . 23. Indemnity.– No suit, prosecution, or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance. 24. Articles liable to confiscation .– All th
Article 128 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB VAGRANCY ORDINANCE, 1958
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notwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. 1XLV of 1860. 2Substituted for the words “West Pakistan Assembly” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.
Target heading · Constitution of the Islamic Republic of Pakistan
128. Power of Governor to promulgate Ordinances .__ (1) The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated un
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