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  "title": "PUNJAB VAGRANCY ORDINANCE, 1958",
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  "text": "THE PUNJAB VAGRANCY ORDINANCE, 1958 \r\n(XX of 1958) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Welfare homes. \r\n4. Manager. \r\n5. Duties of the manager. \r\n6. Voluntary admission to welfare homes. \r\n7. Powers of police officer to arrest and sea rch vagrants and to seize \r\nthings liable to confiscation. \r\n8. Trial. \r\n9. Sentence for vagrancy. \r\n10. Punishment for organizing, employing or causing a person or chi ld to \r\nask for alms. \r\n11. Presumption. \r\n12. Detention of dependents. \r\n13. Compulsory contribution by persons bound to maintain vagrants. \r\n14. Place of detention or imprisonment. \r\n15. Transfer of vagrants from welfare homes. \r\n16. Release on probation or short leave. \r\n17. Powers of discharge of vagrants from welfare homes. \r\n18. Effect of other laws and enactments. \r\n19. Cognizance and bail. \r\n20. Jurisdiction. \r\n21. Appeal. \r\n22. Persons to be deemed to be public servants. \r\n23. Indemnity. \r\n24. Articles liable to confiscation. \r\n25. Power to make rules. \r\n26. Repeal. \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] VAGRANCY ORDINANCE, 1958 \r\n(XX of 1958) \r\n[1 October 1958] \r\nAn \r\nOrdinance \r\nto amend and consolidate the law relating to vagrancy in the Province of \r\n3\r\n[the \r\nPunjab]. \r\nPreamble.– WHEREAS it is expedient to amend and consolidate the law relating to  \r\nvagrancy in the Province of \r\n4\r\n[the Punjab] in the manner hereinafter appearing; \r\n AND WHEREAS the Provincial Assembly of West Pakistan is not in session \r\nand the Governor of West Pakistan is satisfied that circumstances exist which render \r\nimmediate action necessary; \r\n NOW, THEREFORE, in exercise of the powers conferred by Article 102 of the \r\nConstitution, the Governor of West Pakistan is pleased to ma ke and promulgate the \r\nfollowing Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe \r\n5\r\n[Punjab] Vagrancy Ordinance, 1958. \r\n6\r\n[(2) It extends to the whole of the Province of  \r\n7\r\n[the Punjab] , except the Tribal \r\nAreas.] \r\n (3) It shall come into force in such area or areas and on such date or dates \r\nas Government may, by notification, direct. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectiv ely assigned to \r\nthem, that is to say– \r\n(a) “child” means a person under the age of fourteen years; \r\n(b) “Controller” means the Controller of Vagrancy, \r\n1\r\n[Punjab]; \r\n                                                                 \r\n1This Ordinance was promulgated by the Governor of West Pakistan on October 1, 1958 (XX of 1958), published in the Gazette \r\nof West Pakistan (Extraordinary), dated Oct ober 1, 1958, pp. 1343-1350; saved and given permanent effect by Article 225 of \r\nthe Constitution of the Islamic Republic of Pakistan (1962). \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f.  14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20,  1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Serial No. 17. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West \r\nPakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 15. \r\n7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f.  14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20,  1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Serial No. 17. \r\n(c) “Government” means the \r\n2\r\n[Provincial Government of the Punjab]; \r\n(d) “guardian” in relation to a child, includes any person who in the opinion \r\nof the court having cognizance of any case in which a child is \r\nconcerned, has for the time being the charge of or control over such \r\nchild; \r\n3\r\n[(da) “organizer” means a person who organizes or employs or causes  to  \r\nemploy one or more person or child for the purpose of vagrancy;  \r\n(db)  “person” includes a transgender person as defined in the Transgender \r\nPersons (Protection of Rights) Act, 2018 (XIII of 2018);] \r\n(e) “prescribed” means prescribed by rules made under this Ordinance; \r\n(f) “public place” includes any public park, garden, railway station, ground \r\nor vehicle to which the public for the time being have access, whether \r\non payment or otherwise; \r\n(g) “vagrant” means a person who– \r\n(i) solicits or receives alms in a public place; \r\n(ii) exposes or exhibits any sore, wound, injury, deformity or \r\ndisease in a public place for the purpose of soliciting or receiving \r\nalms; \r\n(iii) allows himself to be used as an exhibit for the purpose of \r\nsoliciting or receiving alms; \r\n(iv) enters on any private premises without the invitation of the \r\noccupier for the purpose of soliciting or receiving alms; \r\nbut does not include a person who solicits or r eceives money, food or \r\ngift for a purpose authorised by rules under a prescribed certificate; \r\n(h) “welfare home” means an institution established and maintained by \r\nGovernment for the detention, training, employment and maintenance \r\nof vagrants and their dependents other than those who are lepers, \r\nlunatics or suffering from contagious diseases and  includes an \r\ninstitution notified by Government as such for the purposes of this \r\nOrdinance. \r\n3. Welfare homes.– (1) Government shall establish and maintain one or more \r\nwelfare homes at such place or places as it thinks fit for the custody and detention of \r\nvagrants. \r\n (2) Government may, by notification, declare any existing charitable or \r\nother institution with previous consent of the controlling authority of such institution \r\n                                                                                                                                                                                                       \r\n1Ibid. \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f.  14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated Nov ember 20,  1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Serial No. 17. \r\n3Inserted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025),  published in the Punjab Gazette (Extraordinary), \r\ndated: 24 March 2025, pp. 3599-3600, s. 2. \r\nand on such conditions as may be mutually agreed upon between Government and \r\nthe said authority, to be a welfare home for the purposes of this Ordinance. \r\n4. Manager.– Every welfare home shall be under the immediate charge of a \r\nmanager appointed by Government and such manager shall be assisted by such \r\nmedical and educational staff as Government may appoint. \r\n5. Duties of the manager .– (1) The manager of a welfare home shall, as soon \r\nas may be, get every vagrant medically examined and the report of the examination \r\nshall state, inter alia– \r\n(a) the sex and the age of the vagrant; \r\n(b) whether the vagrant is a leper? \r\n(c) whether he is suffering from any other contagious disease? \r\n(d) whether the vagrant is insane, or mentally deficient? \r\n(e) what is the general state of health and bodily condition of the vagrant \r\nand for which, if any, of the prescrib ed types of work such vagrant is \r\nfit? \r\n (2) The manager of a welfare home shall keep the following classes of \r\nvagrants separately from each other– \r\n(a) children; \r\n(b) females; \r\n(c) lepers or persons suffering from contagious diseases; \r\n(d) lunatics; \r\n(e) infirm, old or incapacitated; \r\n(f) able bodied: \r\n Provided that children less than seven years of age or females may be \r\nallowed to take up residence in the same apartment in which any male member of \r\ntheir family is confined. \r\n (3) The manager shall arrange– \r\n(a) for the education of the children detained in the welfare home; \r\n(b) for such instruction of the vagrants, as may rehabilitate them in useful \r\ntrades and make them self-supporting. \r\n6. Voluntary admission to welfare homes .– Any old, infirm or disabled person \r\nor a child may present himself before the \r\n1\r\n[District Officer, Social Welfare]  for being \r\nadmitted to a welfare home and if the \r\n2\r\n[District Officer, Social Welfare] is satisfied \r\nthat such person has no source of livelihood, he may be detained in a welfare home \r\n                                                                 \r\n1Substituted for the words “Distric t Magistrate” by the Punjab Vag rancy (Amendment) Ordinance, 2001 (XXIX of 2001), \r\npublished in the Punjab Gazette (Extraordinary), dated October 18, 2001, pp. 1739-1740, s. 2, which will remain in force under \r\nthe Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum limit of three months \r\nprescribed under Article 128 of the Constitution of the Islamic Republic of Pakistan. \r\n2Ibid. \r\ntill such time as such person becomes possessed of means of livelihood or applies \r\nfor his release from custody. \r\n7. Powers of police officer to arrest and search vagrants and to seize \r\nthings liable to confiscation .– (1) Any police officer may without an order  from a \r\nMagistrate and without a warrant, arrest and search any person who appears to him \r\nto be a vagrant and may seize anything found on or about such person which he has \r\nreason to believe to be liable to confiscation under this Ordinance. \r\n (2) A person a rrested under the last preceding sub -section, shall be \r\nreleased if he furnishes bail to the satisfaction of the police officer making arrest for \r\nhis appearance before the Magistrate having jurisdiction in the area where the arrest \r\nis made. \r\n (3) If the person arrested is not able to furnish bail to the satisfaction of the \r\npolice officer making arrest, such person shall be detained in custody and shall be \r\nproduced before the nearest Magistrate within a period of twenty -four hours of such \r\narrest, excluding the  time necessary for the journey from the place of arrest to the \r\nCourt of the Magistrate and no such person shall , be detained in custody beyond the \r\nsaid period without an authority of the Magistrate. \r\n8. Trial.– When the person arrested under the last prece ding section appears or \r\nis brought before the Magistrate, he shall be tried in accordance with the procedure \r\nprescribed for the trial of summons cases under Chapter XX of the Code of Criminal \r\nProcedure, 1898\r\n1\r\n: \r\n Provided that whenever any Magistrate, after having heard and recorded the \r\nwhole or any part of the evidence in a trial, ceases to exercise jurisdiction therein, \r\nand is succeeded by another Magistrate, who has and who exercises such \r\njurisdiction, the Magistrate so succeeding may act on the evidence s o recorded by \r\nhis predecessor or partly recorded by his predecessor and partly recorded by \r\nhimself; or he may re-summon the witnesses and recommence the enquiry or trial. \r\n9. Sentence for vagrancy .– If the Magistrate finds that a person is a vagrant, \r\nsuch person shall be punished with imprisonment of either description for a period \r\nnot exceeding three years: \r\n Provided that in any case in which a person who has not been previously \r\nconvicted of an offence under this Ordinance, is convicted of an offence under this \r\nOrdinance, the Magistrate may instead of sentencing him to a term of imprisonment, \r\nrelease him after due admonition on his, or in case such vagrant is a child, on his \r\nguardian entering into a bond with or without sureties to appear and receive the \r\nsentence when called upon during such period (not exceeding three years) as the \r\nMagistrate may direct and in the meantime to refrain from conducting himself as a \r\nvagrant. \r\n2\r\n[10. Punishment for organizing, employing or causing a person or child to ask \r\nfor alms.- (1) Whoever, being organizer, employees or causes: \r\n                                                                 \r\n1V of 1898. \r\n2Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 24 March 2025, pp. 3599-3600, s. 3. \r\n(a) a person, without any injury or incapacitation, to solicit or receive alms \r\nor uses him as exhibit for the purpose of soliciting or receiving alms, \r\nshall be punished with imprisonment which may extend to three years \r\nand fine up to three hundred thousand rupees but not less than one \r\nhundred thousand rupees and in case of default of fine, the offender \r\nshall undergo further imprisonment of six months; or \r\n(b) more than one person, without any injury or incapacitat ion, to solicit or \r\nreceive alms or uses them as exhibit for the purpose of soliciting or \r\nreceiving alms, shall be punished with imprisonment which may extend \r\nto five years but not less than three years and fine up to five hundred \r\nthousand rupees but not le ss than three hundred thousand rupees and \r\nin case of default of fine, the offender shall undergo further \r\nimprisonment of six months; or \r\n(c) a child, without any injury or incapacitation, to solicit or receive alms or \r\nuses him as exhibit for the purpose of soli citing or receiving alms, shall \r\nbe punished with imprisonment which may extend to five years but not \r\nless than three years and fine up to five hundred thousand rupees but \r\nnot less than three hundred thousand rupees and in case of default of \r\nfine, the offender shall undergo further imprisonment of six months; or \r\n(d) more than one child, without any injury or incapacitation, to solicit or \r\nreceive alms or uses them as exhibit for the purpose of soliciting or \r\nreceiving alms, shall be punished with imprisonment whic h may extend \r\nto seven years but not less than five years and fine up to seven \r\nhundred thousand rupees but not less than five hundred thousand \r\nrupees and in case of default of fine, the offender shall undergo further \r\nimprisonment of one year; or \r\n(e) one or more than one person, or child with any injury or incapacitation, \r\nto solicit or receive alms or uses such child as exhibit for the purpose of \r\nsoliciting or receiving alms shall be punished with imprisonment which \r\nmay extend to ten years but not less than seven  years and fine up to \r\ntwo million rupees but not less than one million rupees and in case of \r\ndefault of fine, the offender shall undergo further imprisonment of two \r\nyears. \r\n(2) Whoever, being guardian, employs, connives at or causes a child to \r\nsolicit or re ceive alms or uses such child as exhibit for the purpose of soliciting or \r\nreceiving alms, shall be punished with imprisonment which may extend to three \r\nyears and fine up to three hundred thousand rupees but not less than one hundred \r\nthousand rupees and in case of default of fine, the offender shall undergo further \r\nimprisonment of six months.  \r\n(3) Whoever, being organizer or guardian, as the case may be, previously \r\nconvicted of an offence under this Ordinance, is convicted for the same offence, \r\nshall be liable to double punishment provided for that offence under this Ordinance.] \r\n11. Presumption.– If a person has no ostensible source of subsistence and \r\nwanders about or remains in a public place in such condition or manner as raises a \r\nreasonable suspicion that he is there to solicit or receive alms, it shall be presumed, \r\nunless the contrary is proved that such person is a vagrant. \r\n12. Detention of dependents.– (1) If any vagrant sentenced under section 9 to a \r\nterm of imprisonment has a child below seven years of  age or any other person \r\nwholly dependent upon him, the Magistrate may, after making such inquiry as he \r\nthinks fit and after giving such person an opportunity of being heard, direct that such \r\nchild or person shall be detained in the welfare home so long as  the vagrant remains \r\nin custody: \r\n Provided that a child of the vagrant who is below the age of seven years shall \r\nbe detained along with the vagrant until he attains the age of seven years. \r\n (2) Where the dependent is a child above seven years of age, or wh en the \r\nchild detained under the last preceding sub -section, attains the age of seven years, \r\nthe Magistrate or any other officer empowered by Government in this behalf may \r\ndirect that such child be detained in any other institution approved by Government. \r\n13. Compulsory contribution by persons bound to maintain vagrants .– (1) If \r\nthe Magistrate is satisfied that a vagrant or a person bound to maintain a vagrant has \r\nsufficient means, he shall make an order directing such vagrant or the person bound \r\nto maintain such vagrant, as the case may be, to contribute in the prescribed manner \r\ntowards the maintenance of such vagrant in a welfare home: \r\n Provided that no order under this sub-section shall be made without giving the \r\nperson from whom contribution is required the opportunity of being heard. \r\n (2) If any contribution directed by the Magistrate under the last preceding \r\nsub-section remains unpaid, the same may be recovered as arrears of land revenue. \r\n14. Place of detention or imprisonment .– A vagrant arrested under  this \r\nOrdinance shall remain in custody, or, if convicted serve his term of imprisonment in \r\nthe prescribed manner, as the case may be, in the nearest welfare home or such \r\nother place as Government may by general or special order, direct. \r\n15. Transfer of vag rants from welfare homes .– The Controller or any other \r\nofficer specially empowered by Government in this behalf may by an order in writing \r\ndirect the transfer of a vagrant from one welfare home to another or to any other \r\nplace appointed by Government in this behalf. \r\n16. Release on probation or short leave .– The Controller or any other officer \r\nspecially empowered by Government in this behalf may, subject to such conditions \r\nas may be prescribed,– \r\n(a) release any vagrant on probation after he has served impris onment for \r\na period not less than one year; \r\n(b) release a vagrant detained in a welfare home by granting him a \r\nlicence, and, after the expiration of three months from the \r\ncommencement of the release on licence, recommend to Government \r\nthe unconditional rel ease of such vagrant if he considers that there is \r\nprobability of such vagrant’s abstaining from vagrancy; \r\n(c) grant short leave of absence to any vagrant detained in a welfare home \r\n1\r\n[\r\n2\r\n[* * *]]: \r\n Provided that a vagrant contravening any condition relating to his \r\nrelease on licence may be re -arrested under the orders of the Controller and \r\nsent to the welfare home for completing the sentence awarded to him under \r\nsection 9. \r\n17. Powers of discharge of vagrants from welfare homes .– The Controller or \r\nany other officer specially empowered by Government in this behalf may discharge a \r\nvagrant from a welfare home– \r\n(a) if he is satisfied that a vagrant has become possessed of an income \r\nsufficient to enable him to support himself without resorting to \r\nvagrancy; \r\n(b) if a relative of such vagrant, or a person interested in the welfare of the \r\nvagrant, enters into a bond with or without sureties to look after and \r\nmaintain such vagrant and to prevent him from resorting to vagrancy; \r\n(c) on the certificate of the manager of the welfare home that satisfactory \r\nemployment has been obtained for such vagrant; \r\n(d) for any other good and sufficient reason to be recorded in writing. \r\n18. Effect of other laws and enactments .– The provisions of this Ordinance, \r\nand any order made or action t aken under this Ordinance, shall have effect \r\nnotwithstanding anything inconsistent therewith contained in any enactment other \r\nthan this Ordinance, for the time being in force, and any instrument having its effect \r\nby virtue of any such enactment other than this Ordinance. \r\n3\r\n[19. Cognizance and bail.– All offences under this Ordinance shall be cognizable \r\nand non -bailable, except the offence punishable under section 9 which shall be \r\ncognizable and bailable.] \r\n4\r\n[20. Jurisdiction .– The offences punishable under se ction 10 shall be tried in \r\naccordance with the provisions of the Code of Criminal Procedure, 1898 (V of \r\n1898).] \r\n21. Appeal.– Any person aggrieved by an order of a Magistrate under this \r\nOrdinance may within thirty days of such order appeal to the \r\n5\r\n[* * * * *] Sessions \r\nCourt. \r\n                                                                 \r\n1Added by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West \r\nPakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2, read with Schedule, Serial No. 15.  \r\n2Deleted for the words “and the District of Karachi” by the Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f.  14.8.1973), \r\npublished in the Punjab Gazette (Ex traordinary), dated November 20,  1974, pp.  1425-A-1425-PP, Article 2(1) read with \r\nSchedule, Part III, Serial No. 17. \r\n3Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 24 March 2025, pp. 3599-3600, s. 4. \r\n4Substituted by the Punjab Vagrancy (Amendment) Act 2025 (XV I of 2025), published in the Punjab Gazette (Extraordinary), \r\ndated: 24 March 2025, pp. 3599-3600, s. 5. \r\n5Omitted the words “District Magistrate and if such order is made b y the District Magistrate to the” by the Punjab Vagrancy \r\n(Amendment) Ordinance, 2001 (XXIX of 2001), published in the Punjab Gazette (Extraordinary), dated October 18,  2001, pp. \r\n1739-1740, s. 2, which will remain in force under the Provisional Constitution  (Amendment) Order 1999 (9 of 1999), Article 4, \r\n22. Persons to be deemed to be public servants .– All persons empowered to \r\nperform any function under this Ordinance shall be deemed to be public servants \r\nwithin the meaning of section 21 of the Pakistan Penal Code, 1860\r\n1\r\n. \r\n23. Indemnity.– No suit, prosecution, or other legal proceeding shall lie against \r\nany person for anything in good faith done or intended to be done under this \r\nOrdinance. \r\n24. Articles liable to confiscation .– All things and money found on or about a \r\nvagrant except the nec essary wearing apparel shall be liable to confiscation to \r\nGovernment under this Ordinance. \r\n25. Power to make rules .– (1) Government may make rules for carrying out the \r\npurposes of this Ordinance. \r\n (2) In particular and without prejudice to the generality o f the foregoing \r\npower, such rules may provide for all or any of the following matters, namely:– \r\n(a) the purposes for which a person may solicit or receive money or ask for \r\nfood or gift referred to in clause (g) of section 2 and the form of the \r\ncertificate; \r\n(b) the manner in which Controller shall discharge his functions; \r\n(c)  the manner in which a medical officer may examine a vagrant; \r\n(d) the types of works for which a vagrant may be reported fit; \r\n(e)  the types of the hard labour which is to form the punishment; \r\n(f) the manner in which an imprisonment under this Ordinance may be \r\nserved; \r\n(g) the manner in which a vagrant may be transferred from one welfare \r\nhome to another or to any other place of detention; \r\n(h) the manner in which the manager of a welfare h ome is to certify that \r\nsatisfactory employment has been obtained for a vagrant; \r\n(i) the place or institutions where children detained under this Ordinance \r\nare to be confined; \r\n(j) the places or institutions where lepers, lunatics and persons suffering \r\nfrom contagious diseases may be confined.  \r\n (3) Every rule under this Ordinance shall be laid before the \r\n2\r\n[Provincial \r\nAssembly] and may be amended or repealed by a resolution of the said Assembly. \r\n26. Repeal.– The Sind Vagrancy Act, 1947\r\n3\r\n, is hereby repealed. \r\n                                                                                                                                                                                                       \r\nnotwithstanding the maximum limit of three months prescribed under Article 128 of the Constitution of the Islamic Republic of  \r\nPakistan. \r\n1XLV of 1860. \r\n2Substituted for the words “West Pakistan Assembly” by the  Punjab Laws (Adaptation) Order, 1974 (I of 1974) (w.e.f.  \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20,  1974, pp. 1425-A-1425-PP, Article 2(1) read \r\nwith Schedule, Part III, Serial No. 17. \r\n3Sind XVII of 1947.",
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