PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959
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THE PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959 (XXXV of 1959)
PART I-Pakistan Penal Code PART II-Other Enactments THE SECOND SCHEDULE
TEXT 1THE 2[PUNJAB] CONTROL OF GOONDAS ORDINANCE, 1959 (XXXV of 1959) [4 June 1959] An Ordinance to consolidate and amend the law relating to the control of disorderly persons commonly known as goondas in the Province of 3[the Punjab]. Preamble.– WHEREAS it is expedient to consolidate and amend the law relating to the control of disorderly persons commonly known as goondas in the Province of 4[the Punjab];
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:–
Section 1. Short title and extent
(1) This Ordinance may be called the 5[Punjab] Control of Goondas Ordinance, 1959.
6[(2) It shall extend to the whole of the Province of 7[the Punjab], except the Tribal Areas.]
[8] Section 1A. 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) “Government” means the 9[Provincial Government of the Punjab];
1This Ordinance was promulgated by the Governor of West Pakistan on May 31, 1959, published in the Gazette of West Pakistan (Extraordinary), dated June 4, 1959, pp. 477-487; 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 (Pb. A.O. 1 of 1974) (w.e.f.
14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-AA-1425-PP, Article 2 read with Schedule, Part III, Entry No. 28.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 2.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974) (w.e.f.
14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-AA-1425-PP, Article 2 read with Schedule, Part III, Entry No. 28.
8Inserted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 3.
9Substituted for the words “Government of the West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974) (w.e.f. 14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-AA-1425-PP, Article 2 read with Schedule, Part III, Entry No. 28.
(b) “prescribed” means prescribed by rules made under this Ordinance; and
(c) “Tribunal” means the Tribunal constituted under section 2.]
Section 2. Constitution of Tribunal
(1) In every district there shall be a Tribunal 1 to deal with cases under this Ordinance arising within the district.
(2) The Tribunal shall consist of the officer holding for the time being the office of the District Magistrate or any Magistrate of the first class especially empowered by Government in this behalf.
Section 3. Powers of Tribunal
(1) For the purpose of conducting inquiries under this Ordinance, the Tribunal shall have all the powers of a District Magistrate under the Code of Criminal Procedure, 1898, for issuing summonses and warrants, for compelling attendance of witnesses and production of documents for the examination of persons complained against and witnesses, and for issuing commissions for the examination of witnesses.
(2) Proceedings before the Tribunal shall be deemed to be judicial proceedings.
Section 4. Contempt proceedings
The Tribunal shall for purposes of section 480 of the Code of Criminal Procedure, 1898 2, be deemed to be a court.
Section 5. Cognizance of cases by Tribunal
(1) No Tribunal shall take cognizance of a case under this Ordinance unless–
(a)
(i) the person complained against resides, or
(ii) the acts mentioned in clauses (a) to (l) of section 13 are alleged to have been committed,
within the local limits of its jurisdiction; and 3[(b) the officer in charge of the police-station within the jurisdiction whereof such place as aforesaid lies, or in areas which are not within the jurisdiction of any police-station, the Extra Assistant Commissioner within whose jurisdiction such place lies or any other officer authorised in this behalf by the District Magistrate, lays information with the Tribunal under sub-section (2).]
(2) The information shall be signed by the police-officer concerned and shall briefly set out–
(a) the practices with which the person complained against is charged;
1A doubt has been removed as under by the Punjab Control of Goondas (Removal of Doubts) Ordinance, 1972 (Punjab Ord. XIII of 1972), published in the Punjab Gazette (Extraordinary), dated April 20, 1972, pp. 691-I-691-J. “2. Notwithstanding anything contained in the West Pakistan Control of Goondas Ordinance, 1959 (West Pakistan Ordinance No. XXXV of 1959) or any other law, or any decree, judgement or order of any court or other authority, the expression “a Tribunal” occurring in sub-section (1) of section 2 of the said Ordinance shall mean and be deemed always to have meant one or more than one Tribunal.” 2V of 1898.
3Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1965 (W.P. XXII of 1965), published in the Gazette of West Pakistan (Extraordinary), dated June 8, 1965, pp. 2665-2666, s. 2.
(b) instances, with details of time and place of such practices;
(c) a statement of any relevant general repute in which such person is held and any other ground on which the information is based;
(d) names and other particulars of witnesses who will be produced to support the allegations contained in the information; and
(e) prayer as regards action to be taken against him.
Section 6. Summoning of the persons
On receipt of information under section 5, the Tribunal may summon the person complained against to appear before it, and shall, as soon as he appears before it, supply him with a copy of the information laid against him:
Provided that the Tribunal may, for reasons to be recorded, in the very first instance or at any later stage of the inquiry, instead of issuing summons, issue a warrant, non-bailable or bailable, in such sum as may appear to it reasonable, for the arrest of the aforesaid person and his production before the Tribunal–
(i) if it is satisfied that the said person is hiding himself to evade service of the summons, or
(ii) if he does not appear in spite of the service of the summons, or
(iii) if it is, for any other reason, satisfied that such action is necessary.
Section 7. Procedure where a person absconds or conceals himself
If the Tribunal has reason to believe that a person against whom a warrant of arrest has been issued under section 6, has absconded, or is concealing himself so that the warrant cannot be executed, it may–
(a) send a report to a Magistrate having jurisdiction in the area where the person complained against ordinarily resides or has his property or is present, and the said Magistrate shall take proceedings under sections 87, 88 and 89 of the Code of Criminal Procedure, 1898 1, in respect of such person and his property as if the warrant were a warrant issued by the said Magistrate; or
(b) by order notified in the Gazette, direct such person to appear before it, at such place and within such period as may be specified in the order; and if such person omits to comply with the directions, he shall, unless he proves that it was not possible for him to comply therewith and that he had, at the first possible opportunity within the period sent information to the Tribunal of the reason which rendered compliance therewith impossible and of his whereabouts, be deemed to have evaded compliance with the order.
Section 8. Appearance before Tribunal
(1) The Tribunal may, when the person complained against appears before it, take from him a bond, with or without sureties, for his appearance during the inquiry or when called upon, as the case may be, and may also, having regard to the nature of the information laid against him, require him to furnish a bond, with one or more sureties, in such sum as the Tribunal may think
1V of 1898.
fit, to be of good behaviour until the conclusion of the inquiry and may direct that he be detained in custody until such bond is executed, or in default of execution, until the inquiry is concluded.
(2) The Tribunal may, for reasons to be recorded, instead of taking a bond for the appearance of the person complained against, order his detention till the conclusion of the inquiry in such prison as it thinks suitable:
Provided that such detention shall not exceed two months unless his case has been referred to the Commissioner and the latter has agreed to such detention.
Section 9. Joint proceedings
Where two or more persons are associated together with regard to any matter covered by the allegations contained in the information laid in respect of them, to an extent which in the opinion of the Tribunal justifies such a course, the inquiry into the matter with regard to which they are associated together may be conducted against all, or any of them jointly.
Section 10. Proceedings before Tribunal
The Tribunal shall proceed to inquire into the truth or otherwise of the information upon which action has been taken, and for that purpose may record such evidence as may appear necessary, following in all such cases, the procedure prescribed in the Code of Criminal Procedure, 1898, for conducting trials and recording evidence in summons cases, but subject to the special provisions of this Ordinance.
Section 11. Tribunal may act on the evidence recorded by its predecessor
Whenever any Tribunal, after having heard and recorded the whole or any part of the evidence in an inquiry, ceases to exercise jurisdiction therein, and is succeeded by another Tribunal, which has and which exercises such jurisdiction, the Tribunal so succeeding may act on the evidence so recorded by its predecessor or partly recorded by its predecessor and partly recorded by itself; or may resummon the witnesses and re-commence the inquiry.
Section 12. Orders by Tribunal
1[(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the Tribunal may–
(a) receive and consider evidence of general repute of previous convictions, or of previous occasions on which the person complained against was bound over to keep the peace or be of good behaviour;
(b) for reasons to be recorded in writing, except evidence on affidavit of witnesses whose presence cannot be secured without such amount of delay or expense as would in the opinion of the Tribunal be un- reasonable in the circumstances of the case, or on any other ground sufficient in its opinion and connected with any matter arising in the case.]
(2) The Tribunal may grant immunity from prosecution for any offence other than that of giving false evidence to any witness appearing in an inquiry under this Ordinance in respect of any matter relevant to the inquiry.
1Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 4.
(3) The Tribunal may direct any Magistrate having jurisdiction in the area to take such steps as may be necessary to protect the life and property of any person who has given or is required to give evidence in any inquiry under this Ordinance.
[1] Section 13. Declaration of Goondas
If the Tribunal is satisfied, as a result of enquiry held under this Ordinance, that the person complained against–
(a) keeps or manages a drinking or gambling den or a place where opium or other intoxicating drugs are smoked or otherwise consumed, or makes a livelihood out of such den or place by acting as a tout or otherwise howsoever; or
(b) engages in the illicit manufacture or sale of liquor or opium or other intoxicating drugs; or
(c) keeps or manages a brothel as defined in the West Pakistan 2 Suppression of Prostitution Ordinance, 1961, or is a tout of prostitutes, or lives, wholly or in part, on the earnings of prostitutes; or
(d) frequents, for immoral purposes, houses or localities inhabited by prostitutes; or
(e) frequents resorts of vice such as drinking or gambling dens, or places where opium or other intoxicating drugs are smoked or otherwise consumed; or
(f) makes fraudulent collection in the name of charity; or
(g) is frequently drunk and disorderly in public; or
(h) is in the habit of using obscene or abusive language in public; or
(i) corrupts persons under eighteen years of age by initiating them into vices such as drinking or gambling or immoral behaviour; or
(j) annoys or molests persons, particularly women or persons under eighteen years of age; or
(k) does obscene acts such as willful exposure of his person in public; or
(l) insults the modesty of women by using foul language or making indecent sounds or gestures, or by exposure of his person or the person of any other individual or of any object or otherwise howsoever; or
(m) behaves riotously in public by entering into affrays, or otherwise, howsoever; or
(n) causes fear or alarm to the public or any section or member thereof, by issuing threats, verbally or in writing, or by making, publishing or circulating false statements, rumors or reports; or
1Substituted by the Ordinance ibid., s. 5. Previously, new clauses (kk) to (kkkk) were inserted in section 13 by the West Pakistan Control of Goondas (Second Amendment) Ordinance, 1962 (W.P. Ordinance XXXIV of 1962), published in the Gazette of West Pakistan (Extraordinary) dated June 6, 1962, pp. 2247-2248, s. 2.
2Now ‘Punjab’, see Punjab Laws (Adaptation) Order 1974 (Punjab A.O. 1 of 1974); published in the Punjab Gazette (Extraordinary), pp. 1425-A–1425-PP, dated November 20, 1974.
(o) indulges in criminal intimidation as defined in section 503 of the Pakistan Penal Code; or
(p) makes a livelihood, or extorts money or other property or seeks any concession or favor from any one, by any form of intimidation; or
(q) defies the law generally and endangers public peace; or
(r) habitually moves, carries, takes or sends, by any means whatsoever, any goods without the payment of any tax, duty or fee imposed by law or in contravention of any lawful order; or
(s) habitually receives or deals in property which he knows or has reason to believe to be stolen property as defined in section 410 of the Pakistan Penal Code; or
(t) habitually kidnaps, abducts or seduces women persons of un-sound mind or minors within the meaning of section 360, 361, 362 or 366-A of the Pakistan Penal Code; or
(u) publishes, distributes, circulates, sells or offers for sale any obscene book or picture or other objects; or
(v) habitually indulges in unnatural carnal inter-course; or
(w) habitually counterfeits or habitually and intentionally utters counterfeit coins; or
(x) is by habit a forger; or
(y) makes a livelihood by cheating, fraud, black-marketing (that is to say, engaging in transactions involving the transfer, sale or movement of goods in contravention of any lawful order controlling such transfer, sale or movement), acting as an intermediary between bribe-givers and corrupt officials or persons in public life, or by any other corrupt or dishonest means; or
(z) abets the commission of any of the acts mentioned in the aforesaid clauses or breach of any order made under this Ordinance, or harbours a goonda, not being the wife or the husband of such goonda;
it shall declare that such person is a goonda, and shall direct that his name be publicly notified in the prescribed manner, and be placed on the prescribed list of goondas.]
Section 14. Special orders against goondas
(1) While making a declaration under section 13 the Tribunal may act in such one or more of the following ways as it may deem fit:-
(a) it may require him to furnish a bond, with one or more sureties, for such period not exceeding 1[three years] and in such amount as may be specified, to be of good behaviour, provided that, where he is a minor, the bond executed by a surety or sureties only may be accepted;
1Substituted for the words “two years” by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P.
Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 6.
(b) it may, in view of his age and antecedants, and the fact that some person of mature age, who is in a position of authority over him by virtue of relationship or otherwise, undertakes to become responsible for his good behaviour and executes a bond or other document to the satisfaction of the Tribunal to this effect, release him after due admonition;
(c) it may, where he fails to execute the bond or cannot produce a surety or sureties to the satisfaction of the Tribunal, order him to be detained in prison until he executes the bond or until a satisfactory surety or sureties if required, are available or, failing that, the term of the order under clause (b) expires or until the Tribunal makes any other order about him;
(d) it may direct that–
(i) his movements be restricted to any place or area specified in the order;
(ii) or may direct him to report himself at such times and places and in such mode as may be specified in the order;
(iii) or it may make both the directions;
(iv) or may direct that he shall not reside within areas specified in the order;
(e) it may direct that he shall not visit or go within surroundings specified in the order, or, any of the undermentioned places, without the written permission of the officer in charge of the police-station within whose jurisdiction such place is situated, namely:–
(i) schools, colleges, and other institutions where persons under eighteen years of age or women are given education or other training or are housed permanently or temporarily;
(ii) theatres, cinemas, fairs, amusement parks, and other places of public entertainment;
(iii) public halls, restaurants, tea-shops and other places of public resort;
(iv) public or private parks and gardens;
(v) public or private playing fields and race-courses; or
(vi) the scene of any public meeting or procession or any assemblage of the public whether in an enclosed place or otherwise, in connection with any public event or festival or other celebrations.
(2) No order under clause (d) or clause (e) of sub-section (1) shall be made operative for a period exceeding three years and without hearing the goonda in respect thereof.
Section 15. Publication of declaration
An order under section 13 declaring any person to be a goonda shall be published along with a statement of the order or orders if any
made in respect of such person under section 14, in such manner and containing such details as may be prescribed
1.
Section 16. Bond under Tribunal’s orders
(1) Every bond furnished in compliance with an order made by the Tribunal under this Ordinance shall be in the form prescribed by the Code of Criminal Procedure, 1898 2, for a bond of the same description:
Provided that the Tribunal may direct that the sureties offered be scrutinised by a Magistrate of the first class nominated for the purpose by it.
(2) Any surety may apply to be released from the obligations of his bond, and the Tribunal may, after such enquiry as it may deem fit, call upon the person who is bound over to furnish a fresh surety, and thereupon the provisions of sub- section (1) shall apply in relation thereto:
Provided that the surety seeking release shall not be released from his obligations unless a fresh surety has been accepted in his place or, in case no surety is furnished or accepted, he produces the person concerned before the Tribunal.
(3) The Tribunal may, where a person who has furnished a bond for his appearance makes default, direct, in addition to action under the other provisions of this Ordinance, that a warrant which may be bailable or non-bailable as the Tribunal may direct shall be issued for the production of such person.
(4) The provisions of section 514 of the Code of Criminal Procedure, 1898 3, shall apply in respect of the forfeiture of bonds furnished under this Ordinance, as if for the expression “Court” the expression “Tribunal” wherever applicable for the purpose of this Ordinance, was substituted, and as if from sub- section (1) of the said section, the reference to a Magistrate of first class was omitted, and as if in sub-section (7) of the said section–
(i) the reference to section 106 or section 118 or section 562 of that Code was replaced by a reference to clause (a) of sub-section (1) of section 14 of this Ordinance; and
(ii) the reference to a bond executed in lieu of the bond under section 514 B of that Code was replaced by a reference to the proviso to clause (a) of sub-section (1) of section 14 of this Ordinance.
(5) A breach of any order made against any person under clause (d) or clause (e) of sub-section (1) of section 14, or the further commission of any of the acts mentioned in section 13, or the commission of any offence which is punishable with imprisonment under any law for the time being in force and which in the opinion of the Tribunal involves or implies moral turpitude, shall amount to a breach of a bond for good behaviour which may have been furnished by him under this Ordinance.
Section 17. Discharge of person informed against
If, on an inquiry under section 10, it is proved that action under section 13 is not necessary the Tribunal shall make an
1See rule 4 of the West Pakistan Control of Goondas Rules 1961, published in the Gazette of West Pakistan (Extraordinary), dated March 1, 1961, pp. 611-613. 2V of 1898. 3V of 1898.
entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Section 18. Appeal against the orders of the Tribunal
(1) An appeal from an order made by a Tribunal under section 4, section 8, section 13, section 14 or section 16, shall lie to the Commissioner of the Division in which the Tribunal exercises its jurisdictions.
(2) The provisions of the Limitation Act, 1908 1, shall apply to an appeal under sub-section (1):
Provided that the period of limitation for an appeal shall be thirty days from the date of the order.
(3) The Commissioner on hearing the appeal may–
(a) discharge the person complained against, or
(b) dismiss the appeal, or
(c) subject to the provisions of this Ordinance modify the order appealed against in such manner as he may think fit.
Section 19. Revision of Tribunal’s orders
In relation to any such order under section 4, or section 13, or section 16 the High Court may call for the record of the case, and if the Tribunal or the Commissioner appears–
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally,
the High Court may make such direction as it may deem sufficient for the rectification of the error or omission and the Tribunal or the Commissioner shall conduct itself, or himself, as the case may be, accordingly.
Section 20. Photographs, fingerprints, etc
Every person, in respect of whom an order has been made under section 13 shall, if so directed by the Tribunal present himself before such officer of Government and at such place and time as may be specified in the order–
(i) for being photographed,
(ii) for giving his finger impressions or, if literate, specimens of his handwriting and signature, and such person shall allow himself to be photographed and shall affix his finger impressions as required, and, as the case may be, supply specimens of his handwriting and signature.
Section 21. Punishment
(1) Whoever contravenes any order made under clause (d) or clause (e) of sub-section (1) of section 14, shall be punished with imprisonment of either description which may extend to two years, or with fine, or with both.
1IX of 1908.
(2) Whoever contravenes any order made or disobeys any direction given under this Ordinance shall be punished with imprisonment of either description which may extend to one year or with fine or with both.
(3) Whoever contravenes any order made or disobeys any direction given under this Ordinance may be punished with whipping in addition to any other punishment to which he may be liable under this section.
[1] Section 21A. Enhanced punishment in some cases
Notwithstanding anything contained in the Pakistan Penal Code, the Whipping Act, 1909, or any other law for the time being in force, when a goonda is convicted under an enactment mentioned in the First Schedule to this Ordinance, for an offence punishable under any of the sections of that enactment mentioned against it in the second column of the said Schedule, the maximum punishment that may be awarded to him on such conviction shall be that appearing in the corresponding entry in the third column thereof.]
22. Offences cognizable and non-bailable.– Notwithstanding anything contained in any other law for the time being in force, every offence punishable under this Ordinance, shall, be cognizable and non-bailable.
[2] Section 22A. Appointment and duties of Probation Officers
(1) The Probation Officers appointed under the Probation of Offenders Ordinance, 1960, and such Gazetted officers as Government may, by notification in the official Gazette, appoint, shall be the Probation Officers for purposes of this Ordinance, within the local limits assigned to each.
(2) It shall be the duty of a Probation Officer, under the general control of the Tribunal–
(a) to have the superintendence of all goondas within his jurisdiction with a view to preventing them from evil association and assisting in their rehabilitation as useful citizens;
(b) to make reports at prescribed times and in the prescribed manner to the Tribunal regarding the general behaviour of each such person, and the manner of dealing with him;
(c) to make recommendations, as and when justified by the general behaviour of any such person, for releasing him from any bond for good behaviour or from any order of detention or prohibition made in respect of him under clause (a), clause (c), clause (d) or clause (e) of sub-section (1) of section 14, as the case may be; and
(d) to make recommendations, as and when justified by marked improvement in the general behaviour, manner of life and character of any such person, that his name may be removed from any list of goondas maintained under section 13.]
1Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 7.
2Ibid., s. 8.
[1] Section 22B. Action on Probation Officers report
On receipt of a periodical report, or as the case may be, a recommendation from the Probation Officer under section 22- A, the Tribunal may in the case of any goonda, after such inquiry as it may deem necessary, direct–
(a) that he be released from any bond for good behaviour furnished by him or on his account and from any order of detention or of prohibition made in respect of him under section 14; or
(b) that his name be removed from the list of goondas, maintained under section 13.]
Section 23. Effect of laws and enactment
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 in any instrument having effect by virtue of any such enactment other than this Ordinance.
Section 24. Bar on civil or criminal proceedings
No proceedings taken or orders passed under this Ordinance, shall be called in question otherwise than as provided hereunder, and no civil or criminal proceedings shall be instituted against any person for anything done or intended to be done under this Ordinance, or against any person for any loss or damage caused to, or in respect of, any property as a result of an act done or intended to be done under this Ordinance.
[2] Section 25. Removal of name from the list of goondas
* * * ]
Section 26. Custody of records
The record of the proceedings held by a Tribunal shall, after disposal of the case, be kept in such custody as Government may prescribe.
Section 27. Transfer of cases
(1) Government may by an order in writing transfer a case from one Tribunal to another in the Province.
(2) The Commissioner may by order in writing transfer a case from one Tribunal to another within a division.
[3] Section 27A. Withdrawal from proceedings
A Public Prosecutor may, with the consent of the Tribunal, withdraw from any proceedings pending before the Tribunal against any person, and upon such withdrawal, such person, if in custody only for the purposes of such proceedings, shall be released, or if such person is not in custody, shall be discharged.]
Section 28. Rule
(1) Government may make rules 4, not inconsistent with the provisions of this Ordinance, for carrying out the purposes of this Ordinance.
1Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 8.
2Deleted by the Ordinance ibid., s. 9.
3Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1962 (W.P. XXIII of 1962), published in the Gazette of West Pakistan (Extraordinary), dated May 29, 1962, pp. 2167-2168, s. 2.
4Home Department vide Notification No. Judl.I–15(15)60, dated February 28, 1961, made “the West Pakistan Control of Goondas Rules, 1961”, published in the Gazette of West Pakistan (Extraordinary), dated March 1, 1961, pp. 611-613.
(2) Without prejudice to the generality of the power conferred by sub- section (1) such rules may provide for–
(a) the lists to be maintained in which the names of goondas are to be registered, and the manner of such registration;
(b) the manner in which the names of persons who are declared to be goondas should be publicly notified; and
(c) the manner in which an order under clause (d) of sub-section (1) of section 14 shall operate.
Section 29. Repeal
The enactments specified in the 1[Second Schedule] are hereby repealed to the extent mentioned in the fourth column thereof:–
1Substituted for the word “Schedule” by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary) dated October 30, 1968, pp. 3627-3635, s. 10.
1[THE FIRST SCHEDULE (see section 21-A) Name and other details of enactment Numbers of sections Maximum punishments 1 2 3
PART I-PAKISTAN PENAL CODE
Chapter VIII, Pakistan Penal
Code.
1. Sections 143, 144, 151 and 153. Two years’ rigorous imprisonment.
2. Section 153-A. Five years’ rigorous imprisonment and whipping.
3. Sections 157 and 158. Three years’ rigorous imprisonment.
4. Section 160. Two years’ rigorous imprisonment. Chapter X, Pakistan Penal
Code.
1. Sections 172, 173, 174 and 182. One years’ rigorous imprisonment.
2. Sections 186 and 188. Two years’ rigorous imprisonment and whipping.
3. Sections 189 and 190. Three years’ rigorous imprisonment and whipping. Chapter XI, Pakistan Penal
Code.
1. Sections 224 and 225 Parts I and
II. Five years’ rigorous imprisonment and whipping.
2. Section 225, Parts III, IV and V. Whipping in addition to the punishment provided under the Pakistan Penal Code.
3. Sections 225-B and 228. Two years’ rigorous imprisonment and whipping. Chapter XIV, Pakistan Penal
Code.
1. Sections 292, 293 and 294. Two years’ rigorous imprisonment and whipping. Chapter XVI, Pakistan Penal
Code.
1. Section 341 One years’ rigorous imprisonment and whipping.
2. Sections 342, 343, 344, 345, 346 and 347. Whipping in addition to the punishment provided under the Pakistan Penal Code.
3. Section 352 Two years’ rigorous imprisonment and whipping.
4. Sections 353, 354, 355 and 356. Whipping in addition to the punishment provided under the Pakistan Penal Code.
1Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 11.
5. Section 357. Two years’ rigorous imprisonment and whipping.
6. Sections 363, 365, 366, 366-A, 367, 368, 369, 372, 373 and 377. Whipping in addition to the punishment provided under the Pakistan Penal Code. Chapter XVII, Pakistan Penal
Code.
1. Sections 384, 385, 386, 387, 388, 389, 392, 399, 401 and 402. Whipping in addition to the punishment provided under the Pakistan Penal Code.
2. Sections 411 and 414. Five years’ rigorous imprisonment.
3. Sections 417, 418 and 419. Five years’ rigorous imprisonment. Chapter XVIII, Pakistan Penal
Code.
1. Section 465. Five years’ rigorous imprisonment. Chapter XX, Pakistan Penal
Code.
1. Section 498. Five years’ rigorous imprisonment and whipping. Chapter XXII, Pakistan Penal
Code.
1. Sections 504, 506, 507, 508 and
509. Whipping in addition to the punishment provided under the Pakistan Penal Code. 2.Section 510. Six months’ rigorous imprisonment and whipping.
PART II-OTHER ENACTMENTS
1. Opium Act,
1878.
1. Section 9. Five years’ rigorous imprisonment and shall also be liable to fine.
2. Sind Abkari Act,
1878.
1. Section 43. Five years’ rigorous imprisonment and shall also be liable to fine.
2. Sections 45, 45-A, 46. One year’s rigorous imprisonment and shall also be liable to fine.
3. West Pakistan Prevention of Gambling Ordinance,
1961.
1. Sections 4, 5 and 6. One years’ rigorous imprisonment for the first, and two years’ rigorous imprisonment for any subsequent offence.
THE SECOND SCHEDULE (see section 29) Year
No. Short title Extent of repeal 1 2 3 4 1951 XIV The Punjab Control of Goondas Act,
1951. The whole. 1952 XXVIII The Sind Control of Goondas Act, 1952. The whole. 1952 XXIX The Karachi Control of Disorderly Persons Act, 1952. The whole. 1959 IV The Sind Acts Extension to Khairpur District Ordinance, 1959. Entry 8 of the first Schedule.]
Print contents from the source
CONTENTS 1. Short title and extent. 1-A. Definitions. 2. Constitution of Tribunal. 3. Powers of Tribunal. 4. Contempt proceedings. 5. Cognizance of cases by Tribunal. 6. Summoning of the persons. 7. Procedure where a person absconds or conceals himself. 8. Appearance before Tribunal. 9. Joint proceedings. 10. Proceedings before Tribunal. 11. Tribunal may act on the evidence recorded by its predecessor. 12. Orders by Tribunal. 13. Declaration of Goondas. 14. Special orders against goondas. 15. Publication of declaration. 16. Bond under Tribunal’s orders. 17. Discharge of person informed against. 18. Appeal against the orders of the Tribunal. 19. Revision of Tribunal’s orders. 20. Photographs, fingerprints, etc. 21. Punishment. 21-A. Enhanced punishment in some cases. 22. Offences cognizable and non-bailable. 22-A. Appointment and duties of Probation Officers. 22-B. Action on Probation Officers report. 23. Effect of laws and enactment. 24. Bar on civil or criminal proceedings. 25. [Deleted] 26. Custody of records. 27. Transfer of cases. 27-A. Withdrawal from proceedings. 28. Rule. 29. Repeal. THE FIRST SCHEDULE
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THE PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959
(XXXV of 1959)
CONTENTS
1. Short title and extent.
1-A. Definitions.
2. Constitution of Tribunal.
3. Powers of Tribunal.
4. Contempt proceedings.
5. Cognizance of cases by Tribunal.
6. Summoning of the persons.
7. Procedure where a person absconds or conceals himself.
8. Appearance before Tribunal.
9. Joint proceedings.
10. Proceedings before Tribunal.
11. Tribunal may act on the evidence recorded by its predecessor.
12. Orders by Tribunal.
13. Declaration of Goondas.
14. Special orders against goondas.
15. Publication of declaration.
16. Bond under Tribunal’s orders.
17. Discharge of person informed against.
18. Appeal against the orders of the Tribunal.
19. Revision of Tribunal’s orders.
20. Photographs, fingerprints, etc.
21. Punishment.
21-A. Enhanced punishment in some cases.
22. Offences cognizable and non-bailable.
22-A. Appointment and duties of Probation Officers.
22-B. Action on Probation Officers report.
23. Effect of laws and enactment.
24. Bar on civil or criminal proceedings.
25. [Deleted]
26. Custody of records.
27. Transfer of cases.
27-A. Withdrawal from proceedings.
28. Rule.
29. Repeal.
THE FIRST SCHEDULE
PART I-Pakistan Penal Code
PART II-Other Enactments
THE SECOND SCHEDULE
TEXT
1
THE
2
[PUNJAB] CONTROL OF GOONDAS ORDINANCE, 1959
(XXXV of 1959)
[4 June 1959]
An
Ordinance
to consolidate and amend the law relating to the control of disorderly persons
commonly known as goondas in the Province of
3
[the Punjab].
Preamble.– WHEREAS it is expedient to consolidate and amend the law relating to
the control of disorderly persons commonly known as goondas in the Provinc e of
4
[the Punjab];
NOW, THEREFORE , in pursuance of the Presidential Proclamation of the
seventh day of October, 1958, and in exercise of all powers enabling him in that
behalf, the Governor of West Pakistan is pleased to make and promulgate the
following Ordinance:–
1. Short title and extent .– (1) This Ordinance may be called the
5
[Punjab]
Control of Goondas Ordinance, 1959.
6
[(2) It shall extend to the whole of the Province of
7
[the Punjab], except the
Tribal Areas.]
8
[1-A. Definitions.– In this Ordinan ce, unless the context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned to
them, that is to say–
(a) “Government” means the
9
[Provincial Government of the Punjab];
1This Ord inance was promulgated by the Governor of W est Pakistan on May 31 , 1959, published in the Gazette of West
Pakistan (Extraordinary), dated June 4, 1959, pp. 477-487; 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 (Pb. A.O. 1 of 1974) (w.e.f.
14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-AA-1425-PP, Article 2 read
with Schedule, Part III, Entry No. 28.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 196 8 (W.P. XI of 196 8), published in the
Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 2.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974) (w.e.f.
14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -AA-1425-PP, Article 2 read
with Schedule, Part III, Entry No. 28.
8Inserted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1 968 (W.P. XI of 1968), published in the Gazette
of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 3.
9Substituted for the words “ Government of the West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974) (w.e.f. 14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -AA-1425-PP,
Article 2 read with Schedule, Part III, Entry No. 28.
(b) “prescribed” means prescribed by rul es made under this Ordinance;
and
(c) “Tribunal” means the Tribunal constituted under section 2.]
2. Constitution of Tribunal .– (1) In every district there shall be a Tribuna l
1
to
deal with cases under this Ordinance arising within the district.
(2) The Tribunal shall consist of the officer holding for the time being the
office of the District Magistrate or any Magistrate of the first class especially
empowered by Government in this behalf.
3. Powers of Tribunal .– (1) For the purpose of conducting inquiri es under this
Ordinance, the Tribunal shall have all the powers of a District Magistrate under the
Code of Criminal Procedure, 1898, for issuing summonses and warrants, for
compelling attendance of witnesses and production of documents for the
examination of persons complained against and witnesses, and for issuing
commissions for the examination of witnesses.
(2) Proceedings before the Tribunal shall be deemed to be judicial
proceedings.
4. Contempt proceedings.– The Tribunal shall for purposes of section 480 of
the Code of Criminal Procedure, 1898
2
, be deemed to be a court.
5. Cognizance of cases by Tribunal.– (1) No Tribunal shall take cognizance of
a case under this Ordinance unless–
(a) (i) the person complained against resides, or
(ii) the acts mentioned in clauses (a) to (l) of section 13 are alleged
to have been committed,
within the local limits of its jurisdiction; and
3
[(b) the officer in charge of the police -station within the jurisdiction whereof
such place as aforesaid lies, or in areas whic h are not within the
jurisdiction of any police -station, the Extra Assistant Commissioner
within whose jurisdiction such place lies or any other officer authorised
in this behalf by the District Magistrate, lays information with the
Tribunal under sub-section (2).]
(2) The information shall be signed by the police -officer concerned and
shall briefly set out–
(a) the practices with which the person complained against is charged;
1A doubt has been removed as under by the Punjab Control of Goondas (Removal of Doubts) O rdinance, 1972 (Punjab Ord.
XIII of 1972), published in the Punjab Gazette (Extraordinary), dated April 20, 1972, pp. 691-I-691-J.
“2. Notwithstanding anything contained in the West Pakistan Control of Goondas Ordinance, 1959 (West Pakistan
Ordinance No. X XXV of 1959) or any other law, or any decree, judgement or order of any court or other authority, the
expression “a Tribunal” occurring in sub-section (1) of section 2 of the said Ordinance shall mean and be deemed always to
have meant one or more than one Tribunal.”
2V of 1898.
3Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 196 5 (W.P. XXII of 196 5), published in the
Gazette of West Pakistan (Extraordinary), dated June 8, 1965, pp. 2665-2666, s. 2.
(b) instances, with details of time and place of such practices;
(c) a statement of any relevant general repute in which such person is held
and any other ground on which the information is based;
(d) names and other particulars of witnesses who will be produced to
support the allegations contained in the information; and
(e) prayer as regards action to be taken against him.
6. Summoning of the persons .– On receipt of information under section 5, the
Tribunal may summon the person complained against to appear before it, and shall,
as soon as he appears before it, supply him with a cop y of the information laid
against him:
Provided that the Tribunal may, for reasons to be recorded, in the very first
instance or at any later stage of the inquiry, instead of issuing summons, issue a
warrant, non-bailable or bailable, in such sum as may appear to it reasonable, for the
arrest of the aforesaid person and his production before the Tribunal–
(i) if it is satisfied that the said person is hiding himself to evade service of
the summons, or
(ii) if he does not appear in spite of the service of the summons, or
(iii) if it is, for any other reason, satisfied that such action is necessary.
7. Procedure where a person absconds or conceals himself .– If the Tribunal
has reason to believe that a person against whom a warrant of arrest has been
issued under section 6, has absconded, or is concealing himself so that the warrant
cannot be executed, it may–
(a) send a report to a Magistrate having jurisdiction in the area where the
person complained against ordinarily resides or has his property or is
present, and the said Magistrate shall take proceedings under sections
87, 88 and 89 of the Code of Criminal Procedure, 1898
1
, in respect of
such person and his property as if the warrant were a warrant issued
by the said Magistrate; or
(b) by order notified in the Gazette, di rect such person to appear before it,
at such place and within such period as may be specified in the order;
and if such person omits to comply with the directions, he shall, unless
he proves that it was not possible for him to comply therewith and that
he had, at the first possible opportunity within the period sent
information to the Tribunal of the reason which rendered compliance
therewith impossible and of his whereabouts, be deemed to have
evaded compliance with the order.
8. Appearance before Tribuna l.– (1) The Tribunal may, when the person
complained against appears before it, take from him a bond, with or without sureties,
for his appearance during the inquiry or when called upon, as the case may be, and
may also, having regard to the nature of the information laid against him, require him
to furnish a bond, with one or more sureties, in such sum as the Tribunal may think
1V of 1898.
fit, to be of good behaviour until the conclusion of the inquiry and may direct that he
be detained in custody until such bond is executed, or in default of execution, until
the inquiry is concluded.
(2) The Tribunal may, for reasons to be recorded, instead of taking a bond
for the appearance of the person complained against, order his detention till the
conclusion of the inquiry in such prison as it thinks suitable:
Provided that such detention shall not exceed two months unless his case has
been referred to the Commissioner and the latter has agreed to such detention.
9. Joint proceedings .– Where two or more persons are associated together
with regard to any matter covered by the allegations contained in the information laid
in respect of them, to an extent which in the opinion of the Tribunal justifies such a
course, the inquiry into the matter with regard to which they are associ ated together
may be conducted against all, or any of them jointly.
10. Proceedings before Tribunal.– The Tribunal shall proceed to inquire into the
truth or otherwise of the information upon which action has been taken, and for that
purpose may record suc h evidence as may appear necessary, following in all such
cases, the procedure prescribed in the Code of Criminal Procedure, 1898, for
conducting trials and recording evidence in summons cases, but subject to the
special provisions of this Ordinance.
11. Tribunal may act on the evidence recorded by its predecessor .–
Whenever any Tribunal, after having heard and recorded the whole or any part of the
evidence in an inquiry, ceases to exercise jurisdiction therein, and is succeeded by
another Tribunal, which h as and which exercises such jurisdiction, the Tribunal so
succeeding may act on the evidence so recorded by its predecessor or partly
recorded by its predecessor and partly recorded by itself; or may resummon the
witnesses and re-commence the inquiry.
12. Orders by Tribunal.–
1
[(1) Notwithstanding anything to the contrary contained
in any other law for the time being in force, the Tribunal may–
(a) receive and consider evidence of general repute of previous
convictions, or of previous occasions on which the person complained
against was bound over to keep the peace or be of good behaviour;
(b) for reasons to be recorded in writing, except evidence on affidavit of
witnesses whose presence cannot be secured without such amount of
delay or expense as would in t he opinion of the Tribunal be un -
reasonable in the circumstances of the case, or on any other ground
sufficient in its opinion and connected with any matter arising in the
case.]
(2) The Tribunal may grant immunity from prosecution for any offence
other than that of giving false evidence to any witness appearing in an inquiry under
this Ordinance in respect of any matter relevant to the inquiry.
1Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1 968 (W.P. Ordinance XI of 1968) , published
in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 4.
(3) The Tribunal may direct any Magistrate having jurisdiction in the area
to take such steps as may be necessa ry to protect the life and property of any
person who has given or is required to give evidence in any inquiry under this
Ordinance.
1
[13. Declaration of Goondas .– If the Tribunal is satisfied, as a result of enquiry
held under this Ordinance, that the person complained against–
(a) keeps or manages a drinking or gambling den or a place where opium
or other intoxicating drugs are smoked or otherwise consumed, or
makes a livelihood out of such den or place by acting as a tout or
otherwise howsoever; or
(b) engages in the illicit manufacture or sale of liquor or opium or other
intoxicating drugs; or
(c) keeps or manages a brothel as defined in the West Pakistan
2
Suppression of Prostitution Ordinance, 1961, or is a tout of prostitutes,
or lives, wholly or in part, on the earnings of prostitutes; or
(d) frequents, for immoral purposes, houses or localities inhabited by
prostitutes; or
(e) frequents resorts of vice such as drinking or gambling dens, or places
where opium or other intoxicating drugs are smoked or otherwise
consumed; or
(f) makes fraudulent collection in the name of charity; or
(g) is frequently drunk and disorderly in public; or
(h) is in the habit of using obscene or abusive language in public; or
(i) corrupts persons under eighteen years of age b y initiating them into
vices such as drinking or gambling or immoral behaviour; or
(j) annoys or molests persons, particularly women or persons under
eighteen years of age; or
(k) does obscene acts such as willful exposure of his person in public; or
(l) insults the modesty of women by using foul language or making
indecent sounds or gestures, or by exposure of his person or the
person of any other individual or of any object or otherwise howsoever;
or
(m) behaves riotously in public by entering into affray s, or otherwise,
howsoever; or
(n) causes fear or alarm to the public or any section or member thereof, by
issuing threats, verbally or in writing, or by making, publishing or
circulating false statements, rumors or reports; or
1Substituted by the Ordinance ibid., s. 5. Previously, new c lauses (kk) to (kkkk) were inserted in section 13 by the West
Pakistan Control of Goondas (Second Amendment) Ordinance, 1962 (W .P. Ordinance XXXIV of 1962) , published in the
Gazette of West Pakistan (Extraordinary) dated June 6, 1962, pp. 2247-2248, s. 2.
2Now ‘Punjab’, see Punjab Laws (Adap tation) Order 1974 (Punjab A.O. 1 of 1974); published in the Punjab Gazette
(Extraordinary), pp. 1425-A–1425-PP, dated November 20, 1974.
(o) indulges in criminal int imidation as defined in section 503 of the
Pakistan Penal Code; or
(p) makes a livelihood, or extorts money or other property or seeks any
concession or favor from any one, by any form of intimidation; or
(q) defies the law generally and endangers public peace; or
(r) habitually moves, carries, takes or sends, by any means whatsoever,
any goods without the payment of any tax, duty or fee imposed by law
or in contravention of any lawful order; or
(s) habitually receives or deals in property which he knows or has reason
to believe to be stolen property as defined in section 410 of the
Pakistan Penal Code; or
(t) habitually kidnaps, abducts or seduces women persons of un -sound
mind or minors within the meaning of section 360, 361, 362 or 366 -A of
the Pakistan Penal Code; or
(u) publishes, distributes, circulates, sells or offers for sale any obscene
book or picture or other objects; or
(v) habitually indulges in unnatural carnal inter-course; or
(w) habitually counterfeits or habitually and intentionally utters counterfeit
coins; or
(x) is by habit a forger; or
(y) makes a livelihood by cheating, fraud, black -marketing (that is to say,
engaging in transactions involving the transfer, sale or movement of
goods in contravention of any lawful order controlling such transfer,
sale or movement), acting as an intermediary between bribe-givers and
corrupt officials or persons in public life, or by any other corrupt or
dishonest means; or
(z) abets the commission of any of the acts mentioned in the aforesaid
clauses or breach of any order made under this Ordinance, or harbours
a goonda, not being the wife or the husband of such goonda;
it shall declare that such person is a goonda, and shall direct that his name be
publicly notified in the prescribed manner, and be placed on the prescribed list of
goondas.]
14. Special orders against goondas .– (1) While making a declaration under
section 13 the Tribunal may act in such one or more of the following ways as it may
deem fit:-
(a) it may require him to furnish a bond, with one or more sureties, for such
period not exceeding
1
[three years] and in such amount as may be
specified, to be of good behaviour, provided that, where he is a minor,
the bond executed by a surety or sureties only may be accepted;
1Substituted for the words “two years” by the West Pakistan Control of Goondas (Am endment) Ordinance, 1968 (W.P.
Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 6.
(b) it may, in view of his age and antecedants, and the fact that some
person of mature age, who is in a position of authority over him by
virtue of relationship or otherwise, undertakes to become responsible
for his good behaviour and executes a bond or other document to the
satisfaction of the Tribunal to this effect, release him after due
admonition;
(c) it may, where he fails to execute the bond or cannot produce a surety
or sureties to the satisfaction of the Tribunal, order him to be detained
in prison until he executes the bon d or until a satisfactory surety or
sureties if required, are available or, failing that, the term of the order
under clause ( b) expires or until the Tribunal makes any other order
about him;
(d) it may direct that–
(i) his movements be restricted to any place or area specified in the
order;
(ii) or may direct him to report himself at such times and places and
in such mode as may be specified in the order;
(iii) or it may make both the directions;
(iv) or may direct that he shall not reside within areas sp ecified in
the order;
(e) it may direct that he shall not visit or go within surroundings specified in
the order, or, any of the undermentioned places, without the written
permission of the officer in charge of the police -station within whose
jurisdiction such place is situated, namely:–
(i) schools, colleges, and other institutions where persons under
eighteen years of age or women are given education or other
training or are housed permanently or temporarily;
(ii) theatres, cinemas, fairs, amusement parks , and other places of
public entertainment;
(iii) public halls, restaurants, tea -shops and other places of public
resort;
(iv) public or private parks and gardens;
(v) public or private playing fields and race-courses; or
(vi) the scene of any public meeti ng or procession or any
assemblage of the public whether in an enclosed place or
otherwise, in connection with any public event or festival or other
celebrations.
(2) No order under clause ( d) or clause ( e) of sub -section (1) shall be
made operative for a period exceeding three years and without hearing the goonda
in respect thereof.
15. Publication of declaration.– An order under section 13 declaring any person
to be a goonda shall be published along with a statement of the order or orders if any
made in respect of such person under section 14, in such manner and containing
such details as may be prescribed
1
.
16. Bond under Tribunal’s orders.– (1) Every bond furnished in compliance with
an order made by the Tribunal under this Ordinance shall be in the for m prescribed
by the Code of Criminal Procedure, 1898
2
, for a bond of the same description:
Provided that the Tribunal may direct that the sureties offered be scrutinised
by a Magistrate of the first class nominated for the purpose by it.
(2) Any surety m ay apply to be released from the obligations of his bond,
and the Tribunal may, after such enquiry as it may deem fit, call upon the person
who is bound over to furnish a fresh surety, and thereupon the provisions of sub -
section (1) shall apply in relation thereto:
Provided that the surety seeking release shall not be released from his
obligations unless a fresh surety has been accepted in his place or, in case no surety
is furnished or accepted, he produces the person concerned before the Tribunal.
(3) The Tribunal may, where a person who has furnished a bond for his
appearance makes default, direct, in addition to action under the other provisions of
this Ordinance, that a warrant which may be bailable or non -bailable as the Tribunal
may direct shall be issued for the production of such person.
(4) The provisions of section 514 of the Code of Criminal Procedure,
1898
3
, shall apply in respect of the forfeiture of bonds furnished under this
Ordinance, as if for the expression “Court” the expression “Tribun al” wherever
applicable for the purpose of this Ordinance, was substituted, and as if from sub -
section (1) of the said section, the reference to a Magistrate of first class was
omitted, and as if in sub-section (7) of the said section–
(i) the reference to section 106 or section 118 or section 562 of that Code
was replaced by a reference to clause ( a) of sub-section (1) of section
14 of this Ordinance; and
(ii) the reference to a bond executed in lieu of the bond under section 514
B of that Code was replaced by a reference to the proviso to clause ( a)
of sub-section (1) of section 14 of this Ordinance.
(5) A breach of any order made against any person under clause ( d) or
clause (e) of sub -section (1) of section 14, or the further commission of any of the
acts mentioned in section 13, or the commission of any offence which is punishable
with imprisonment under any law for the time being in force and which in the opinion
of the Tribunal involves or implies moral turpitude, shall amount to a breach of a
bond fo r good behaviour which may have been furnished by him under this
Ordinance.
17. Discharge of person informed against .– If, on an inquiry under section 10,
it is proved that action under section 13 is not necessary the Tribunal shall make an
1See rule 4 of the West Pakistan Control of Goondas Rules 1961, published in the Gazette of West Pakistan (Extraordinary),
dated March 1, 1961, pp. 611-613.
2V of 1898.
3V of 1898.
entry on the re cord to that effect , and if such person is in custody only for the
purposes of the inquiry, shall release him, or, if such person is not in custody, shall
discharge him.
18. Appeal against the orders of the Tribunal .– (1) An appeal from an order
made by a Tribunal under section 4, section 8, section 13, section 14 or section 16,
shall lie to the Commissioner of the Division in which the Tribunal exercises its
jurisdictions.
(2) The provisions of the Limitation Act, 1908
1
, shall apply to an appeal
under sub-section (1):
Provided that the period of limitation for an appeal shall be thirty days from the
date of the order.
(3) The Commissioner on hearing the appeal may–
(a) discharge the person complained against, or
(b) dismiss the appeal, or
(c) subject to the provisions of this Ordinance modify the order appealed
against in such manner as he may think fit.
19. Revision of Tribunal’s orders .– In relation to any such order under section
4, or section 13, or section 16 the High Court may call for the record of the case, and
if the Tribunal or the Commissioner appears–
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally,
the H igh Court may make such direction as it may deem sufficient for the
rectification of the error or omission and the Tribunal or the Commissioner shall
conduct itself, or himself, as the case may be, accordingly.
20. Photographs, fingerprints, etc.– Every person, in respect of whom an order
has been made under section 13 shall, if so directed by the Tribunal present himself
before such officer of Government and at such place and time as may be specified in
the order–
(i) for being photographed,
(ii) for giving his fin ger impressions or, if literate, specimens of his
handwriting and signature,
and such person shall allow himself to be photographed and shall affix his
finger impressions as required, and, as the case may be, supply specimens of his
handwriting and signature.
21. Punishment.– (1) Whoever contravenes any order made under clause ( d) or
clause (e) of sub -section (1) of section 14, shall be punished with imprisonment of
either description which may extend to two years, or with fine, or with both.
1IX of 1908.
(2) Whoever contravenes any order made or disobeys any direction given
under this Ordinance shall be punished with imprisonment of either description which
may extend to one year or with fine or with both.
(3) Whoever contravenes any order made or disobeys any direct ion given
under this Ordinance may be punished with whipping in addition to any other
punishment to which he may be liable under this section.
1
[21-A. Enhanced punishment in some cases .– Notwithstanding anything
contained in the Pakistan Penal Code, the Wh ipping Act, 1909, or any other law for
the time being in force, when a goonda is convicted under an enactment mentioned
in the First Schedule to this Ordinance, for an offence punishable under any of the
sections of that enactment mentioned against it in t he second column of the said
Schedule, the maximum punishment that may be awarded to him on such conviction
shall be that appearing in the corresponding entry in the third column thereof.]
22. Offences cognizable and non -bailable.– Notwithstanding anything
contained in any other law for the time being in force, every offence punishable
under this Ordinance, shall, be cognizable and non-bailable.
2
[22-A. Appointment and duties of Probation Officers.– (1) The Probation Officers
appointed under the Probation o f Offenders Ordinance, 1960, and such Gazetted
officers as Government may, by notification in the official Gazette, appoint, shall be
the Probation Officers for purposes of this Ordinance, within the local limits assigned
to each.
(2) It shall be the dut y of a Probation Officer, under the general control of
the Tribunal–
(a) to have the superintendence of all goondas within his jurisdiction with a
view to preventing them from evil association and assisting in their
rehabilitation as useful citizens;
(b) to make reports at prescribed times and in the prescribed manner to
the Tribunal regarding the general behaviour of each such person, and
the manner of dealing with him;
(c) to make recommendations, as and when justified by the general
behaviour of any su ch person, for releasing him from any bond for
good behaviour or from any order of detention or prohibition made in
respect of him under clause (a), clause (c), clause (d) or clause (e) of
sub-section (1) of section 14, as the case may be; and
(d) to make recommendations, as and when justified by marked
improvement in the general behaviour, manner of life and character of
any such person, that his name may be removed from any list of
goondas maintained under section 13.]
1Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the
Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 7.
2Ibid., s. 8.
1
[22-B. Action on Probation Officer s report.– On receipt of a periodical report, or
as the case may be, a recommendation from the Prob ation Officer under section 22-
A, the Tribunal may in the case of any goonda, after such inquiry as it may deem
necessary, direct–
(a) that he be released from any bond for good behaviour furnished by him
or on his account and from any order of detention or of prohibition
made in respect of him under section 14; or
(b) that his name be removed from the list of goondas, maintained under
section 13.]
23. Effect of laws and enactment .– 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 in any instrument having effect by virtue
of any such enactment other than this Ordinance.
24. Bar on civil or criminal proceedings .– No proceedings taken or orders
passed under this Ordinance, shall be called in question otherwise than as pr ovided
hereunder, and no civil or criminal proceedings shall be instituted against any person
for anything done or intended to be done under this Ordinance, or against any
person for any loss or damage caused to, or in respect of, any property as a result of
an act done or intended to be done under this Ordinance.
2
[25. Removal of name from the list of goondas.– * * * ]
26. Custody of records.– The record of the proceedings held by a Tribunal shall,
after disposal of the case, be kept in such custody as Government may prescribe.
27. Transfer of cases .– (1) Government may by an order in writing transfer a
case from one Tribunal to another in the Province.
(2) The Commissioner may by order in writing transfer a case from one
Tribunal to another within a division.
3
[27-A. Withdrawal from proceedings .– A Public Prosecutor may, with the consent
of the Tribunal, withdraw from any proceedings pending before the Tribunal against
any person, and upon such withdrawal, such person, if in custody only for the
purposes of such proceedings, shall be released, or if such person is not in custody,
shall be discharged.]
28. Rule.– (1) Government may make rules
4
, not inconsistent with the provisions
of this Ordinance, for carrying out the purposes of this Ordinance.
1Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the
Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 8.
2Deleted by the Ordinance ibid., s. 9.
3Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1962 (W.P. XXIII of 1962), published in the Gazette
of West Pakistan (Extraordinary), dated May 29, 1962, pp. 2167-2168, s. 2.
4Home Department vide Notification No. Judl.I –15(15)60, dated February 28, 1961, made “the West Pakistan Control of
Goondas Rules, 1961”, published in the Gazette of West Pakistan (Extraordinary), dated March 1, 1961, pp. 611-613.
(2) Without prejudice to the generality of the power conferred by sub -
section (1) such rules may provide for–
(a) the lists to be maintained in which the names of goondas are to be
registered, and the manner of such registration;
(b) the manner in which the name s of persons who are declared to be
goondas should be publicly notified; and
(c) the manner in which an order under clause ( d) of sub -section (1) of
section 14 shall operate.
29. Repeal.– The enactments specified in the
1
[Second Schedule] are hereby
repealed to the extent mentioned in the fourth column thereof:–
1Substituted for the word “Schedule” by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance
XI of 1968), published in the Gazette of West Pakistan (Extraordinary) dated October 30, 1968, pp. 3627-3635, s. 10.
1
[THE FIRST SCHEDULE
(see section 21-A)
Name and other
details of
enactment
Numbers of sections Maximum punishments
1 2 3
PART I-PAKISTAN PENAL CODE
Chapter VIII,
Pakistan Penal
Code.
1. Sections 143, 144, 151 and 153. Two years’ rigorous
imprisonment.
2. Section 153-A. Five years’ rigorous
imprisonment and whipping.
3. Sections 157 and 158. Three years’ rigorous
imprisonment.
4. Section 160. Two years’ rigorous
imprisonment.
Chapter X,
Pakistan Penal
Code.
1. Sections 172, 173, 174 and 182. One years’ rigorous
imprisonment.
2. Sections 186 and 188. Two years’ rigorous
imprisonment and whipping.
3. Sections 189 and 190. Three years’ rigorous
imprisonment and whipping.
Chapter XI,
Pakistan Penal
Code.
1. Sections 224 and 225 Parts I and
II.
Five years’ rigorous
imprisonment and whipping.
2. Section 225, Parts III, IV and V. Whipping in addition to the
punishment provided under the
Pakistan Penal Code.
3. Sections 225-B and 228. Two years’ rigorous
imprisonment and whipping.
Chapter XIV,
Pakistan Penal
Code.
1. Sections 292, 293 and 294. Two years’ rigo rous
imprisonment and whipping.
Chapter XVI,
Pakistan Penal
Code.
1. Section 341 One years’ rigorous
imprisonment and whipping.
2. Sections 342, 343, 344, 345, 346
and 347.
Whipping in addition to the
punishment provided under the
Pakistan Penal Code.
3. Section 352 Two years’ rigorous
imprisonment and whipping.
4. Sections 353, 354, 355 and 356. Whipping in addition to the
punishment provided under the
Pakistan Penal Code.
1Substituted by the West Pakistan Control of Goon das (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968) , published
in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 11.
5. Section 357. Two years’ rigorous
imprisonment and whipping.
6. Sections 363, 365, 366, 366 -A,
367, 368, 369, 372, 373 and 377.
Whipping in addition to the
punishment provided under the
Pakistan Penal Code.
Chapter XVII,
Pakistan Penal
Code.
1. Sections 384, 385, 386, 387, 388,
389, 392, 399, 401 and 402.
Whipping in addition to the
punishment provided under the
Pakistan Penal Code.
2. Sections 411 and 414. Five years’ rigo rous
imprisonment.
3. Sections 417, 418 and 419. Five years’ rigorous
imprisonment.
Chapter XVIII,
Pakistan Penal
Code.
1. Section 465. Five years’ rigorous
imprisonment.
Chapter XX,
Pakistan Penal
Code.
1. Section 498. Five years’ rigo rous
imprisonment and whipping.
Chapter XXII,
Pakistan Penal
Code.
1. Sections 504, 506, 507, 508 and
509.
Whipping in addition to the
punishment provided under the
Pakistan Penal Code.
2.Section 510. Six months’ rigorous
imprisonment and whipping.
PART II-OTHER ENACTMENTS
1. Opium Act,
1878.
1. Section 9. Five years’ rigorous
imprisonment and shall also be
liable to fine.
2. Sind Abkari Act,
1878.
1. Section 43. Five years’ rigorous
imprisonment and shall also be
liable to fine.
2. Sections 45, 45-A, 46. One year’s r igorous
imprisonment and shall also be
liable to fine.
3. West Pakistan
Prevention of
Gambling
Ordinance,
1961.
1. Sections 4, 5 and 6. One years’ rigorous
imprisonment for the first, and
two years’ rigorous
imprisonment for any
subsequent offence.
THE SECOND SCHEDULE
(see section 29)
Year No. Short title Extent of repeal
1 2 3 4
1951 XIV The Punjab Control of Goondas Act,
1951.
The whole.
1952 XXVIII The Sind Control of Goondas Act, 1952. The whole.
1952 XXIX The Karachi Control of Disorderly
Persons Act, 1952.
The whole.
1959 IV The Sind Acts Extension to Khairpur
District Ordinance, 1959.
Entry 8 of the first
Schedule.]This law in the library
Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.
Instruments cited by this law 4
References to provisions in this text 47
Section 2
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h Schedule, Part III, Entry No. 28. (b) “prescribed” means prescribed by rul es made under this Ordinance; and (c) “Tribunal” means the Tribunal constituted under section 2.] 2. Constitution of Tribunal .– (1) In every district there shall be a Tribuna l 1 to deal with cases under this Ordinance arising within the district. (2) The Tribunal shall consist of the officer holding for the time
Section 13
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nal shall take cognizance of a case under this Ordinance unless– (a) (i) the person complained against resides, or (ii) the acts mentioned in clauses (a) to (l) of section 13 are alleged to have been committed, within the local limits of its jurisdiction; and 3 [(b) the officer in charge of the police -station within the jurisdiction whereof such place as aforesaid lies, or in areas whic h
Section 5
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he allegations contained in the information; and (e) prayer as regards action to be taken against him. 6. Summoning of the persons .– On receipt of information under section 5, the Tribunal may summon the person complained against to appear before it, and shall, as soon as he appears before it, supply him with a cop y of the information laid against him: Provided that the Tribunal may, for rea
Section 6
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. Procedure where a person absconds or conceals himself .– If the Tribunal has reason to believe that a person against whom a warrant of arrest has been issued under section 6, has absconded, or is concealing himself so that the warrant cannot be executed, it may– (a) send a report to a Magistrate having jurisdiction in the area where the person complained against ordinarily resides or has his pr
Section 13
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s; or 1Substituted by the Ordinance ibid., s. 5. Previously, new c lauses (kk) to (kkkk) were inserted in section 13 by the West Pakistan Control of Goondas (Second Amendment) Ordinance, 1962 (W .P. Ordinance XXXIV of 1962) , published in the Gazette of West Pakistan (Extraordinary) dated June 6, 1962, pp. 2247-2248, s. 2. 2Now ‘Punjab’,
Section 360
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as defined in section 410 of the Pakistan Penal Code; or (t) habitually kidnaps, abducts or seduces women persons of un -sound mind or minors within the meaning of section 360, 361, 362 or 366 -A of the Pakistan Penal Code; or (u) publishes, distributes, circulates, sells or offers for sale any obscene book or picture or other objects; or (v) habitually indulges in unnatural carnal inter-course
Section 13
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ly notified in the prescribed manner, and be placed on the prescribed list of goondas.] 14. Special orders against goondas .– (1) While making a declaration under section 13 the Tribunal may act in such one or more of the following ways as it may deem fit:- (a) it may require him to furnish a bond, with one or more sureties, for such period not exceeding 1 [three years] and in such amount as
Section 13
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(1) shall be made operative for a period exceeding three years and without hearing the goonda in respect thereof. 15. Publication of declaration.– An order under section 13 declaring any person to be a goonda shall be published along with a statement of the order or orders if any made in respect of such person under section 14, in such manner and containing such details as may be prescribed 1
Section 14
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der under section 13 declaring any person to be a goonda shall be published along with a statement of the order or orders if any made in respect of such person under section 14, in such manner and containing such details as may be prescribed 1 . 16. Bond under Tribunal’s orders.– (1) Every bond furnished in compliance with an order made by the Tribunal under this Ordinance shall be in the for m
Section 106
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- section (1) of the said section, the reference to a Magistrate of first class was omitted, and as if in sub-section (7) of the said section– (i) the reference to section 106 or section 118 or section 562 of that Code was replaced by a reference to clause ( a) of sub-section (1) of section 14 of this Ordinance; and (ii) the reference to a bond executed in lieu of the bond under section 514 B o
Section 118
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of the said section, the reference to a Magistrate of first class was omitted, and as if in sub-section (7) of the said section– (i) the reference to section 106 or section 118 or section 562 of that Code was replaced by a reference to clause ( a) of sub-section (1) of section 14 of this Ordinance; and (ii) the reference to a bond executed in lieu of the bond under section 514 B of that Code was
Section 14
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(7) of the said section– (i) the reference to section 106 or section 118 or section 562 of that Code was replaced by a reference to clause ( a) of sub-section (1) of section 14 of this Ordinance; and (ii) the reference to a bond executed in lieu of the bond under section 514 B of that Code was replaced by a reference to the proviso to clause ( a) of sub-section (1) of section 14 of this Ordinance.
Section 514
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was replaced by a reference to clause ( a) of sub-section (1) of section 14 of this Ordinance; and (ii) the reference to a bond executed in lieu of the bond under section 514 B of that Code was replaced by a reference to the proviso to clause ( a) of sub-section (1) of section 14 of this Ordinance. (5) A breach of any order made against any person under clause ( d) or clause (e) of sub -secti
Section 14
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the reference to a bond executed in lieu of the bond under section 514 B of that Code was replaced by a reference to the proviso to clause ( a) of sub-section (1) of section 14 of this Ordinance. (5) A breach of any order made against any person under clause ( d) or clause (e) of sub -section (1) of section 14, or the further commission of any of the acts mentioned in section 13, or the commissio
Section 14
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( a) of sub-section (1) of section 14 of this Ordinance. (5) A breach of any order made against any person under clause ( d) or clause (e) of sub -section (1) of section 14, or the further commission of any of the acts mentioned in section 13, or the commission of any offence which is punishable with imprisonment under any law for the time being in force and which in the opinion of the Tribuna
Section 13
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ach of any order made against any person under clause ( d) or clause (e) of sub -section (1) of section 14, or the further commission of any of the acts mentioned in section 13, or the commission of any offence which is punishable with imprisonment under any law for the time being in force and which in the opinion of the Tribunal involves or implies moral turpitude, shall amount to a breach of a b
Section 10
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breach of a bond fo r good behaviour which may have been furnished by him under this Ordinance. 17. Discharge of person informed against .– If, on an inquiry under section 10, it is proved that action under section 13 is not necessary the Tribunal shall make an 1See rule 4 of the West Pakistan Control of Goondas Rules 1961, published in
Section 13
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may have been furnished by him under this Ordinance. 17. Discharge of person informed against .– If, on an inquiry under section 10, it is proved that action under section 13 is not necessary the Tribunal shall make an 1See rule 4 of the West Pakistan Control of Goondas Rules 1961, published in the Gazette of West Pakistan (Extraordinary)
Section 4
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m, or, if such person is not in custody, shall discharge him. 18. Appeal against the orders of the Tribunal .– (1) An appeal from an order made by a Tribunal under section 4, section 8, section 13, section 14 or section 16, shall lie to the Commissioner of the Division in which the Tribunal exercises its jurisdictions. (2) The provisions of the Limitation Act, 1908 1 , shall apply to an appe
Section 8
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uch person is not in custody, shall discharge him. 18. Appeal against the orders of the Tribunal .– (1) An appeal from an order made by a Tribunal under section 4, section 8, section 13, section 14 or section 16, shall lie to the Commissioner of the Division in which the Tribunal exercises its jurisdictions. (2) The provisions of the Limitation Act, 1908 1 , shall apply to an appeal under
Section 13
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is not in custody, shall discharge him. 18. Appeal against the orders of the Tribunal .– (1) An appeal from an order made by a Tribunal under section 4, section 8, section 13, section 14 or section 16, shall lie to the Commissioner of the Division in which the Tribunal exercises its jurisdictions. (2) The provisions of the Limitation Act, 1908 1 , shall apply to an appeal under sub-section
Section 14
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stody, shall discharge him. 18. Appeal against the orders of the Tribunal .– (1) An appeal from an order made by a Tribunal under section 4, section 8, section 13, section 14 or section 16, shall lie to the Commissioner of the Division in which the Tribunal exercises its jurisdictions. (2) The provisions of the Limitation Act, 1908 1 , shall apply to an appeal under sub-section (1): Prov
Section 16
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discharge him. 18. Appeal against the orders of the Tribunal .– (1) An appeal from an order made by a Tribunal under section 4, section 8, section 13, section 14 or section 16, shall lie to the Commissioner of the Division in which the Tribunal exercises its jurisdictions. (2) The provisions of the Limitation Act, 1908 1 , shall apply to an appeal under sub-section (1): Provided that the
Section 4
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ions of this Ordinance modify the order appealed against in such manner as he may think fit. 19. Revision of Tribunal’s orders .– In relation to any such order under section 4, or section 13, or section 16 the High Court may call for the record of the case, and if the Tribunal or the Commissioner appears– (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exer
Section 13
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inance modify the order appealed against in such manner as he may think fit. 19. Revision of Tribunal’s orders .– In relation to any such order under section 4, or section 13, or section 16 the High Court may call for the record of the case, and if the Tribunal or the Commissioner appears– (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdic
Section 16
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he order appealed against in such manner as he may think fit. 19. Revision of Tribunal’s orders .– In relation to any such order under section 4, or section 13, or section 16 the High Court may call for the record of the case, and if the Tribunal or the Commissioner appears– (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested,
Section 13
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all conduct itself, or himself, as the case may be, accordingly. 20. Photographs, fingerprints, etc.– Every person, in respect of whom an order has been made under section 13 shall, if so directed by the Tribunal present himself before such officer of Government and at such place and time as may be specified in the order– (i) for being photographed, (ii) for giving his fin ger impressions or,
Section 14
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, supply specimens of his handwriting and signature. 21. Punishment.– (1) Whoever contravenes any order made under clause ( d) or clause (e) of sub -section (1) of section 14, shall be punished with imprisonment of either description which may extend to two years, or with fine, or with both. 1IX of 1908. (2) Whoever contravenes any or
Section 14
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or good behaviour or from any order of detention or prohibition made in respect of him under clause (a), clause (c), clause (d) or clause (e) of sub-section (1) of section 14, as the case may be; and (d) to make recommendations, as and when justified by marked improvement in the general behaviour, manner of life and character of any such person, that his name may be removed from any list of go
Section 13
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arked improvement in the general behaviour, manner of life and character of any such person, that his name may be removed from any list of goondas maintained under section 13.] 1Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary)
Section 22
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, s. 8. 1 [22-B. Action on Probation Officer s report.– On receipt of a periodical report, or as the case may be, a recommendation from the Prob ation Officer under section 22- A, the Tribunal may in the case of any goonda, after such inquiry as it may deem necessary, direct– (a) that he be released from any bond for good behaviour furnished by him or on his account and from any order of detenti
Section 14
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hat he be released from any bond for good behaviour furnished by him or on his account and from any order of detention or of prohibition made in respect of him under section 14; or (b) that his name be removed from the list of goondas, maintained under section 13.] 23. Effect of laws and enactment .– The provisions of this Ordinance, and any order made or action taken under this Ordinance, shal
Section 13
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from any order of detention or of prohibition made in respect of him under section 14; or (b) that his name be removed from the list of goondas, maintained under section 13.] 23. Effect of laws and enactment .– 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,
Section 14
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ch the name s of persons who are declared to be goondas should be publicly notified; and (c) the manner in which an order under clause ( d) of sub -section (1) of section 14 shall operate. 29. Repeal.– The enactments specified in the 1 [Second Schedule] are hereby repealed to the extent mentioned in the fourth column thereof:–
Section 21A
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68 (W.P. Ordinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary) dated October 30, 1968, pp. 3627-3635, s. 10. 1 [THE FIRST SCHEDULE (see section 21-A) Name and other details of enactment Numbers of sections Maximum punishments 1 2 3 PART I-PAKISTAN PENAL CODE Chapter VIII, Pakistan Penal Code. 1. Sections 143, 144, 151 and 153. Two years’ rigorous impriso
Section 153A
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m punishments 1 2 3 PART I-PAKISTAN PENAL CODE Chapter VIII, Pakistan Penal Code. 1. Sections 143, 144, 151 and 153. Two years’ rigorous imprisonment. 2. Section 153-A. Five years’ rigorous imprisonment and whipping. 3. Sections 157 and 158. Three years’ rigorous imprisonment. 4. Section 160. Two years’ rigorous imprisonment. Chapter X, Pakistan Penal Code. 1. Sections 172, 17
Section 160
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ars’ rigorous imprisonment. 2. Section 153-A. Five years’ rigorous imprisonment and whipping. 3. Sections 157 and 158. Three years’ rigorous imprisonment. 4. Section 160. Two years’ rigorous imprisonment. Chapter X, Pakistan Penal Code. 1. Sections 172, 173, 174 and 182. One years’ rigorous imprisonment. 2. Sections 186 and 188. Two years’ rigorous imprisonment and whipping. 3.
Section 225
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d whipping. Chapter XI, Pakistan Penal Code. 1. Sections 224 and 225 Parts I and II. Five years’ rigorous imprisonment and whipping. 2. Section 225, Parts III, IV and V. Whipping in addition to the punishment provided under the Pakistan Penal Code. 3. Sections 225-B and 228. Two years’ rigorous imprisonment and whipping. Chapter XIV, Pakistan Penal Code. 1. S
Section 341
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g. Chapter XIV, Pakistan Penal Code. 1. Sections 292, 293 and 294. Two years’ rigo rous imprisonment and whipping. Chapter XVI, Pakistan Penal Code. 1. Section 341 One years’ rigorous imprisonment and whipping. 2. Sections 342, 343, 344, 345, 346 and 347. Whipping in addition to the punishment provided under the Pakistan Penal Code. 3. Section 352 Two years’ rigorous impriso
Section 352
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s imprisonment and whipping. 2. Sections 342, 343, 344, 345, 346 and 347. Whipping in addition to the punishment provided under the Pakistan Penal Code. 3. Section 352 Two years’ rigorous imprisonment and whipping. 4. Sections 353, 354, 355 and 356. Whipping in addition to the punishment provided under the Pakistan Penal Code.
Section 357
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(Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968) , published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 11. 5. Section 357. Two years’ rigorous imprisonment and whipping. 6. Sections 363, 365, 366, 366 -A, 367, 368, 369, 372, 373 and 377. Whipping in addition to the punishment provided under the Pakistan Penal Code. Chapter XVII, Paki
Section 465
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ns 411 and 414. Five years’ rigo rous imprisonment. 3. Sections 417, 418 and 419. Five years’ rigorous imprisonment. Chapter XVIII, Pakistan Penal Code. 1. Section 465. Five years’ rigorous imprisonment. Chapter XX, Pakistan Penal Code. 1. Section 498. Five years’ rigo rous imprisonment and whipping. Chapter XXII, Pakistan Penal Code. 1. Sections 504, 506, 507, 508 and 50
Section 498
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rs’ rigorous imprisonment. Chapter XVIII, Pakistan Penal Code. 1. Section 465. Five years’ rigorous imprisonment. Chapter XX, Pakistan Penal Code. 1. Section 498. Five years’ rigo rous imprisonment and whipping. Chapter XXII, Pakistan Penal Code. 1. Sections 504, 506, 507, 508 and 509. Whipping in addition to the punishment provided under the Pakistan Penal Code. 2.Se
Section 510
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pter XXII, Pakistan Penal Code. 1. Sections 504, 506, 507, 508 and 509. Whipping in addition to the punishment provided under the Pakistan Penal Code. 2.Section 510. Six months’ rigorous imprisonment and whipping. PART II-OTHER ENACTMENTS 1. Opium Act, 1878. 1. Section 9. Five years’ rigorous imprisonment and shall also be liable to fine. 2. Sind Abkari Act, 1878. 1. Sect
Section 9
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ment provided under the Pakistan Penal Code. 2.Section 510. Six months’ rigorous imprisonment and whipping. PART II-OTHER ENACTMENTS 1. Opium Act, 1878. 1. Section 9. Five years’ rigorous imprisonment and shall also be liable to fine. 2. Sind Abkari Act, 1878. 1. Section 43. Five years’ rigorous imprisonment and shall also be liable to fine. 2. Sections 45, 45-A, 46. One year’
Section 43
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RT II-OTHER ENACTMENTS 1. Opium Act, 1878. 1. Section 9. Five years’ rigorous imprisonment and shall also be liable to fine. 2. Sind Abkari Act, 1878. 1. Section 43. Five years’ rigorous imprisonment and shall also be liable to fine. 2. Sections 45, 45-A, 46. One year’s r igorous imprisonment and shall also be liable to fine. 3. West Pakistan Prevention of Gambling Ordinanc
Section 29
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s 4, 5 and 6. One years’ rigorous imprisonment for the first, and two years’ rigorous imprisonment for any subsequent offence. THE SECOND SCHEDULE (see section 29) Year No. Short title Extent of repeal 1 2 3 4 1951 XIV The Punjab Control of Goondas Act, 1951. The whole. 1952 XXVIII The Sind Control of Goondas Act, 1952. The whole. 1952 XXIX The Karachi Control of Disorderly
Provisions explicitly cited in other instruments 4
Article 225 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959
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nor of W est Pakistan on May 31 , 1959, published in the Gazette of West Pakistan (Extraordinary), dated June 4, 1959, pp. 477-487; 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 (Pb. A.O. 1 of 1974) (w.e.f. 14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-AA-14
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).]
Section 480 of Code of Criminal Procedure (CrPC), 1898 (Under Review)
Cited by PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959
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ination of witnesses. (2) Proceedings before the Tribunal shall be deemed to be judicial proceedings. 4. Contempt proceedings.– The Tribunal shall for purposes of section 480 of the Code of Criminal Procedure, 1898 2 , be deemed to be a court. 5. Cognizance of cases by Tribunal.– (1) No Tribunal shall take cognizance of a case under this Ordinance unless– (a) (i) the person complained against resides, or (ii) the acts mentioned in
Target heading · Code of Criminal Procedure (CrPC), 1898 (Under Review)
480. Procedure in certain cases of contempt.__ (1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Pakistan Penal Code (Act XLV of 1860 ) is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the off
Section 514 of Code of Criminal Procedure (CrPC), 1898 (Under Review)
Cited by PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959
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Ordinance, that a warrant which may be bailable or non -bailable as the Tribunal may direct shall be issued for the production of such person. (4) The provisions of section 514 of the Code of Criminal Procedure, 1898 3 , shall apply in respect of the forfeiture of bonds furnished under this Ordinance, as if for the expression “Court” the expression “Tribun al” wherever applicable for the purpose of this Ordinance, was substituted, and a
Rule 4 of West Pakistan Control of Goondas Rules 1961
Cited by PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959
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r section 10, it is proved that action under section 13 is not necessary the Tribunal shall make an 1See rule 4 of the West Pakistan Control of Goondas Rules 1961, published in the Gazette of West Pakistan (Extraordinary), dated March 1, 1961, pp. 611-613. 2V of 1898. 3V of 1898. entry on the re cord to that effect , and if such person is in custody only for the purposes of the
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- a9817cee86164fd699ca3f5d8a810e7667fb0bf73bc59ae555d40203ba58e0b2
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- 3d8e458bfa4138782e25836c70752d85cb0ac48db392a27ddcdd315d26e0dd53
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- PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959
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