{ "schema_version": "qanun-law-text/1", "id": "punjab-code-2c2ca26e75bf8f21", "title": "PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UWRUZwQ1ATc-", "version": null, "source_snapshot": "2026-08-06T16:53:04Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "a9817cee86164fd699ca3f5d8a810e7667fb0bf73bc59ae555d40203ba58e0b2", "source_sha256": "a9817cee86164fd699ca3f5d8a810e7667fb0bf73bc59ae555d40203ba58e0b2", "text_version_id": "law:punjab-code-2c2ca26e75bf8f21:sha256:a9817cee86164fd699ca3f5d8a810e7667fb0bf73bc59ae555d40203ba58e0b2", "quality_flags": [], "encoding": "UTF-8", "text": "THE PUNJAB CONTROL OF GOONDAS ORDINANCE, 1959 \r\n(XXXV of 1959) \r\nCONTENTS \r\n1. Short title and extent. \r\n1-A. Definitions. \r\n2. Constitution of Tribunal. \r\n3. Powers of Tribunal. \r\n4. Contempt proceedings. \r\n5. Cognizance of cases by Tribunal. \r\n6. Summoning of the persons. \r\n7. Procedure where a person absconds or conceals himself. \r\n8. Appearance before Tribunal. \r\n9. Joint proceedings. \r\n10. Proceedings before Tribunal. \r\n11. Tribunal may act on the evidence recorded by its predecessor. \r\n12. Orders by Tribunal. \r\n13. Declaration of Goondas. \r\n14. Special orders against goondas. \r\n15. Publication of declaration. \r\n16. Bond under Tribunal’s orders. \r\n17. Discharge of person informed against. \r\n18. Appeal against the orders of the Tribunal. \r\n19. Revision of Tribunal’s orders. \r\n20. Photographs, fingerprints, etc. \r\n21. Punishment. \r\n21-A. Enhanced punishment in some cases. \r\n22. Offences cognizable and non-bailable. \r\n22-A. Appointment and duties of Probation Officers. \r\n22-B. Action on Probation Officers report. \r\n23. Effect of laws and enactment. \r\n24. Bar on civil or criminal proceedings. \r\n25. [Deleted] \r\n26. Custody of records. \r\n27. Transfer of cases. \r\n27-A. Withdrawal from proceedings. \r\n28. Rule. \r\n29. Repeal. \r\nTHE FIRST SCHEDULE \r\nPART I-Pakistan Penal Code \r\nPART II-Other Enactments \r\nTHE SECOND SCHEDULE \r\n \r\n \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] CONTROL OF GOONDAS ORDINANCE, 1959 \r\n(XXXV of 1959) \r\n[4 June 1959] \r\nAn \r\nOrdinance \r\nto consolidate and amend the law relating to the control of disorderly persons \r\ncommonly known as goondas in the Province of \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to consolidate and amend the law relating to \r\nthe control of disorderly persons commonly known as goondas in the Provinc e of \r\n4\r\n[the Punjab]; \r\n NOW, THEREFORE , in pursuance of the Presidential Proclamation of the \r\nseventh day of October, 1958, and in exercise of all powers enabling him in that \r\nbehalf, the Governor of West Pakistan is pleased to make and promulgate the \r\nfollowing Ordinance:– \r\n1. Short title and extent .– (1) This Ordinance may be called the \r\n5\r\n[Punjab] \r\nControl of Goondas Ordinance, 1959. \r\n \r\n6\r\n[(2) It shall extend to the whole of the Province of \r\n7\r\n[the Punjab], except the \r\nTribal Areas.] \r\n8\r\n[1-A. Definitions.– In this Ordinan ce, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “Government” means the \r\n9\r\n[Provincial Government of the Punjab]; \r\n \r\n1This Ord inance was promulgated by the Governor of W est Pakistan on May 31 , 1959, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 4, 1959, pp. 477-487; saved and given permanent effect by Article 225 of the Constitution \r\nof the Islamic Republic of Pakistan (1962). \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974) (w.e.f. \r\n14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-AA-1425-PP, Article 2 read \r\nwith Schedule, Part III, Entry No. 28. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 196 8 (W.P. XI of 196 8), published in the \r\nGazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 2. \r\n7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974) (w.e.f. \r\n14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -AA-1425-PP, Article 2 read \r\nwith Schedule, Part III, Entry No. 28. \r\n8Inserted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1 968 (W.P. XI of 1968), published in the Gazette \r\nof West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 3. \r\n9Substituted for the words “ Government of the West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of \r\n1974) (w.e.f. 14.08.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -AA-1425-PP, \r\nArticle 2 read with Schedule, Part III, Entry No. 28. \r\n(b) “prescribed” means prescribed by rul es made under this Ordinance; \r\nand \r\n(c) “Tribunal” means the Tribunal constituted under section 2.] \r\n2. Constitution of Tribunal .– (1) In every district there shall be a Tribuna l\r\n1\r\n to \r\ndeal with cases under this Ordinance arising within the district. \r\n (2) The Tribunal shall consist of the officer holding for the time being the \r\noffice of the District Magistrate or any Magistrate of the first class especially \r\nempowered by Government in this behalf. \r\n3. Powers of Tribunal .– (1) For the purpose of conducting inquiri es under this \r\nOrdinance, the Tribunal shall have all the powers of a District Magistrate under the \r\nCode of Criminal Procedure, 1898, for issuing summonses and warrants, for \r\ncompelling attendance of witnesses and production of documents for the \r\nexamination of persons complained against and witnesses, and for issuing \r\ncommissions for the examination of witnesses. \r\n (2) Proceedings before the Tribunal shall be deemed to be judicial \r\nproceedings. \r\n4. Contempt proceedings.– The Tribunal shall for purposes of section 480 of \r\nthe Code of Criminal Procedure, 1898\r\n2\r\n, be deemed to be a court. \r\n5. Cognizance of cases by Tribunal.– (1) No Tribunal shall take cognizance of \r\na case under this Ordinance unless– \r\n(a) (i) the person complained against resides, or \r\n(ii) the acts mentioned in clauses (a) to (l) of section 13 are alleged \r\nto have been committed, \r\n within the local limits of its jurisdiction; and \r\n3\r\n[(b) the officer in charge of the police -station within the jurisdiction whereof \r\nsuch place as aforesaid lies, or in areas whic h are not within the \r\njurisdiction of any police -station, the Extra Assistant Commissioner \r\nwithin whose jurisdiction such place lies or any other officer authorised \r\nin this behalf by the District Magistrate, lays information with the \r\nTribunal under sub-section (2).] \r\n (2) The information shall be signed by the police -officer concerned and \r\nshall briefly set out– \r\n(a) the practices with which the person complained against is charged; \r\n \r\n1A doubt has been removed as under by the Punjab Control of Goondas (Removal of Doubts) O rdinance, 1972 (Punjab Ord. \r\nXIII of 1972), published in the Punjab Gazette (Extraordinary), dated April 20, 1972, pp. 691-I-691-J. \r\n“2. Notwithstanding anything contained in the West Pakistan Control of Goondas Ordinance, 1959 (West Pakistan \r\nOrdinance No. X XXV of 1959) or any other law, or any decree, judgement or order of any court or other authority, the \r\nexpression “a Tribunal” occurring in sub-section (1) of section 2 of the said Ordinance shall mean and be deemed always to \r\nhave meant one or more than one Tribunal.” \r\n2V of 1898. \r\n3Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 196 5 (W.P. XXII of 196 5), published in the \r\nGazette of West Pakistan (Extraordinary), dated June 8, 1965, pp. 2665-2666, s. 2. \r\n(b) instances, with details of time and place of such practices; \r\n(c) a statement of any relevant general repute in which such person is held \r\nand any other ground on which the information is based; \r\n(d) names and other particulars of witnesses who will be produced to \r\nsupport the allegations contained in the information; and \r\n(e) prayer as regards action to be taken against him. \r\n6. Summoning of the persons .– On receipt of information under section 5, the \r\nTribunal may summon the person complained against to appear before it, and shall, \r\nas soon as he appears before it, supply him with a cop y of the information laid \r\nagainst him: \r\n Provided that the Tribunal may, for reasons to be recorded, in the very first \r\ninstance or at any later stage of the inquiry, instead of issuing summons, issue a \r\nwarrant, non-bailable or bailable, in such sum as may appear to it reasonable, for the \r\narrest of the aforesaid person and his production before the Tribunal– \r\n(i) if it is satisfied that the said person is hiding himself to evade service of \r\nthe summons, or \r\n(ii) if he does not appear in spite of the service of the summons, or \r\n(iii) if it is, for any other reason, satisfied that such action is necessary. \r\n7. Procedure where a person absconds or conceals himself .– If the Tribunal \r\nhas reason to believe that a person against whom a warrant of arrest has been \r\nissued under section 6, has absconded, or is concealing himself so that the warrant \r\ncannot be executed, it may– \r\n(a) send a report to a Magistrate having jurisdiction in the area where the \r\nperson complained against ordinarily resides or has his property or is \r\npresent, and the said Magistrate shall take proceedings under sections \r\n87, 88 and 89 of the Code of Criminal Procedure, 1898\r\n1\r\n, in respect of \r\nsuch person and his property as if the warrant were a warrant issued \r\nby the said Magistrate; or \r\n(b) by order notified in the Gazette, di rect such person to appear before it, \r\nat such place and within such period as may be specified in the order; \r\nand if such person omits to comply with the directions, he shall, unless \r\nhe proves that it was not possible for him to comply therewith and that \r\nhe had, at the first possible opportunity within the period sent \r\ninformation to the Tribunal of the reason which rendered compliance \r\ntherewith impossible and of his whereabouts, be deemed to have \r\nevaded compliance with the order. \r\n8. Appearance before Tribuna l.– (1) The Tribunal may, when the person \r\ncomplained against appears before it, take from him a bond, with or without sureties, \r\nfor his appearance during the inquiry or when called upon, as the case may be, and \r\nmay also, having regard to the nature of the information laid against him, require him \r\nto furnish a bond, with one or more sureties, in such sum as the Tribunal may think \r\n \r\n1V of 1898. \r\nfit, to be of good behaviour until the conclusion of the inquiry and may direct that he \r\nbe detained in custody until such bond is executed, or in default of execution, until \r\nthe inquiry is concluded. \r\n (2) The Tribunal may, for reasons to be recorded, instead of taking a bond \r\nfor the appearance of the person complained against, order his detention till the \r\nconclusion of the inquiry in such prison as it thinks suitable: \r\n Provided that such detention shall not exceed two months unless his case has \r\nbeen referred to the Commissioner and the latter has agreed to such detention. \r\n9. Joint proceedings .– Where two or more persons are associated together \r\nwith regard to any matter covered by the allegations contained in the information laid \r\nin respect of them, to an extent which in the opinion of the Tribunal justifies such a \r\ncourse, the inquiry into the matter with regard to which they are associ ated together \r\nmay be conducted against all, or any of them jointly. \r\n10. Proceedings before Tribunal.– The Tribunal shall proceed to inquire into the \r\ntruth or otherwise of the information upon which action has been taken, and for that \r\npurpose may record suc h evidence as may appear necessary, following in all such \r\ncases, the procedure prescribed in the Code of Criminal Procedure, 1898, for \r\nconducting trials and recording evidence in summons cases, but subject to the \r\nspecial provisions of this Ordinance. \r\n11. Tribunal may act on the evidence recorded by its predecessor .– \r\nWhenever any Tribunal, after having heard and recorded the whole or any part of the \r\nevidence in an inquiry, ceases to exercise jurisdiction therein, and is succeeded by \r\nanother Tribunal, which h as and which exercises such jurisdiction, the Tribunal so \r\nsucceeding may act on the evidence so recorded by its predecessor or partly \r\nrecorded by its predecessor and partly recorded by itself; or may resummon the \r\nwitnesses and re-commence the inquiry. \r\n12. Orders by Tribunal.– \r\n1\r\n[(1) Notwithstanding anything to the contrary contained \r\nin any other law for the time being in force, the Tribunal may– \r\n(a) receive and consider evidence of general repute of previous \r\nconvictions, or of previous occasions on which the person complained \r\nagainst was bound over to keep the peace or be of good behaviour; \r\n(b) for reasons to be recorded in writing, except evidence on affidavit of \r\nwitnesses whose presence cannot be secured without such amount of \r\ndelay or expense as would in t he opinion of the Tribunal be un -\r\nreasonable in the circumstances of the case, or on any other ground \r\nsufficient in its opinion and connected with any matter arising in the \r\ncase.] \r\n (2) The Tribunal may grant immunity from prosecution for any offence \r\nother than that of giving false evidence to any witness appearing in an inquiry under \r\nthis Ordinance in respect of any matter relevant to the inquiry. \r\n \r\n1Substituted by the West Pakistan Control of Goondas (Amendment) Ordinance, 1 968 (W.P. Ordinance XI of 1968) , published \r\nin the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 4. \r\n (3) The Tribunal may direct any Magistrate having jurisdiction in the area \r\nto take such steps as may be necessa ry to protect the life and property of any \r\nperson who has given or is required to give evidence in any inquiry under this \r\nOrdinance. \r\n1\r\n[13. Declaration of Goondas .– If the Tribunal is satisfied, as a result of enquiry \r\nheld under this Ordinance, that the person complained against– \r\n(a) keeps or manages a drinking or gambling den or a place where opium \r\nor other intoxicating drugs are smoked or otherwise consumed, or \r\nmakes a livelihood out of such den or place by acting as a tout or \r\notherwise howsoever; or \r\n(b) engages in the illicit manufacture or sale of liquor or opium or other \r\nintoxicating drugs; or \r\n(c) keeps or manages a brothel as defined in the West Pakistan\r\n2\r\n \r\nSuppression of Prostitution Ordinance, 1961, or is a tout of prostitutes, \r\nor lives, wholly or in part, on the earnings of prostitutes; or \r\n(d) frequents, for immoral purposes, houses or localities inhabited by \r\nprostitutes; or \r\n(e) frequents resorts of vice such as drinking or gambling dens, or places \r\nwhere opium or other intoxicating drugs are smoked or otherwise \r\nconsumed; or \r\n(f) makes fraudulent collection in the name of charity; or \r\n(g) is frequently drunk and disorderly in public; or \r\n(h) is in the habit of using obscene or abusive language in public; or \r\n(i) corrupts persons under eighteen years of age b y initiating them into \r\nvices such as drinking or gambling or immoral behaviour; or \r\n(j) annoys or molests persons, particularly women or persons under \r\neighteen years of age; or \r\n(k) does obscene acts such as willful exposure of his person in public; or \r\n(l) insults the modesty of women by using foul language or making \r\nindecent sounds or gestures, or by exposure of his person or the \r\nperson of any other individual or of any object or otherwise howsoever; \r\nor \r\n(m) behaves riotously in public by entering into affray s, or otherwise, \r\nhowsoever; or \r\n(n) causes fear or alarm to the public or any section or member thereof, by \r\nissuing threats, verbally or in writing, or by making, publishing or \r\ncirculating false statements, rumors or reports; or \r\n \r\n1Substituted by the Ordinance ibid., s. 5. Previously, new c lauses (kk) to (kkkk) were inserted in section 13 by the West \r\nPakistan Control of Goondas (Second Amendment) Ordinance, 1962 (W .P. Ordinance XXXIV of 1962) , published in the \r\nGazette of West Pakistan (Extraordinary) dated June 6, 1962, pp. 2247-2248, s. 2. \r\n2Now ‘Punjab’, see Punjab Laws (Adap tation) Order 1974 (Punjab A.O. 1 of 1974); published in the Punjab Gazette \r\n(Extraordinary), pp. 1425-A–1425-PP, dated November 20, 1974. \r\n(o) indulges in criminal int imidation as defined in section 503 of the \r\nPakistan Penal Code; or \r\n(p) makes a livelihood, or extorts money or other property or seeks any \r\nconcession or favor from any one, by any form of intimidation; or \r\n(q) defies the law generally and endangers public peace; or \r\n(r) habitually moves, carries, takes or sends, by any means whatsoever, \r\nany goods without the payment of any tax, duty or fee imposed by law \r\nor in contravention of any lawful order; or \r\n(s) habitually receives or deals in property which he knows or has reason \r\nto believe to be stolen property as defined in section 410 of the \r\nPakistan Penal Code; or \r\n(t) habitually kidnaps, abducts or seduces women persons of un -sound \r\nmind or minors within the meaning of section 360, 361, 362 or 366 -A of \r\nthe Pakistan Penal Code; or \r\n(u) publishes, distributes, circulates, sells or offers for sale any obscene \r\nbook or picture or other objects; or \r\n(v) habitually indulges in unnatural carnal inter-course; or \r\n(w) habitually counterfeits or habitually and intentionally utters counterfeit \r\ncoins; or \r\n(x) is by habit a forger; or \r\n(y) makes a livelihood by cheating, fraud, black -marketing (that is to say, \r\nengaging in transactions involving the transfer, sale or movement of \r\ngoods in contravention of any lawful order controlling such transfer, \r\nsale or movement), acting as an intermediary between bribe-givers and \r\ncorrupt officials or persons in public life, or by any other corrupt or \r\ndishonest means; or \r\n(z) abets the commission of any of the acts mentioned in the aforesaid \r\nclauses or breach of any order made under this Ordinance, or harbours \r\na goonda, not being the wife or the husband of such goonda; \r\n it shall declare that such person is a goonda, and shall direct that his name be \r\npublicly notified in the prescribed manner, and be placed on the prescribed list of \r\ngoondas.] \r\n14. Special orders against goondas .– (1) While making a declaration under \r\nsection 13 the Tribunal may act in such one or more of the following ways as it may \r\ndeem fit:- \r\n(a) it may require him to furnish a bond, with one or more sureties, for such \r\nperiod not exceeding \r\n1\r\n[three years] and in such amount as may be \r\nspecified, to be of good behaviour, provided that, where he is a minor, \r\nthe bond executed by a surety or sureties only may be accepted; \r\n \r\n1Substituted for the words “two years” by the West Pakistan Control of Goondas (Am endment) Ordinance, 1968 (W.P. \r\nOrdinance XI of 1968), published in the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 6. \r\n(b) it may, in view of his age and antecedants, and the fact that some \r\nperson of mature age, who is in a position of authority over him by \r\nvirtue of relationship or otherwise, undertakes to become responsible \r\nfor his good behaviour and executes a bond or other document to the \r\nsatisfaction of the Tribunal to this effect, release him after due \r\nadmonition; \r\n(c) it may, where he fails to execute the bond or cannot produce a surety \r\nor sureties to the satisfaction of the Tribunal, order him to be detained \r\nin prison until he executes the bon d or until a satisfactory surety or \r\nsureties if required, are available or, failing that, the term of the order \r\nunder clause ( b) expires or until the Tribunal makes any other order \r\nabout him; \r\n (d) it may direct that– \r\n(i) his movements be restricted to any place or area specified in the \r\norder; \r\n(ii) or may direct him to report himself at such times and places and \r\nin such mode as may be specified in the order; \r\n(iii) or it may make both the directions; \r\n(iv) or may direct that he shall not reside within areas sp ecified in \r\nthe order; \r\n(e) it may direct that he shall not visit or go within surroundings specified in \r\nthe order, or, any of the undermentioned places, without the written \r\npermission of the officer in charge of the police -station within whose \r\njurisdiction such place is situated, namely:– \r\n(i) schools, colleges, and other institutions where persons under \r\neighteen years of age or women are given education or other \r\ntraining or are housed permanently or temporarily; \r\n(ii) theatres, cinemas, fairs, amusement parks , and other places of \r\npublic entertainment; \r\n(iii) public halls, restaurants, tea -shops and other places of public \r\nresort; \r\n(iv) public or private parks and gardens; \r\n(v) public or private playing fields and race-courses; or \r\n(vi) the scene of any public meeti ng or procession or any \r\nassemblage of the public whether in an enclosed place or \r\notherwise, in connection with any public event or festival or other \r\ncelebrations. \r\n (2) No order under clause ( d) or clause ( e) of sub -section (1) shall be \r\nmade operative for a period exceeding three years and without hearing the goonda \r\nin respect thereof. \r\n15. Publication of declaration.– An order under section 13 declaring any person \r\nto be a goonda shall be published along with a statement of the order or orders if any \r\nmade in respect of such person under section 14, in such manner and containing \r\nsuch details as may be prescribed\r\n1\r\n. \r\n16. Bond under Tribunal’s orders.– (1) Every bond furnished in compliance with \r\nan order made by the Tribunal under this Ordinance shall be in the for m prescribed \r\nby the Code of Criminal Procedure, 1898\r\n2\r\n, for a bond of the same description: \r\n Provided that the Tribunal may direct that the sureties offered be scrutinised \r\nby a Magistrate of the first class nominated for the purpose by it. \r\n (2) Any surety m ay apply to be released from the obligations of his bond, \r\nand the Tribunal may, after such enquiry as it may deem fit, call upon the person \r\nwho is bound over to furnish a fresh surety, and thereupon the provisions of sub -\r\nsection (1) shall apply in relation thereto: \r\n Provided that the surety seeking release shall not be released from his \r\nobligations unless a fresh surety has been accepted in his place or, in case no surety \r\nis furnished or accepted, he produces the person concerned before the Tribunal. \r\n (3) The Tribunal may, where a person who has furnished a bond for his \r\nappearance makes default, direct, in addition to action under the other provisions of \r\nthis Ordinance, that a warrant which may be bailable or non -bailable as the Tribunal \r\nmay direct shall be issued for the production of such person. \r\n (4) The provisions of section 514 of the Code of Criminal Procedure, \r\n1898\r\n3\r\n, shall apply in respect of the forfeiture of bonds furnished under this \r\nOrdinance, as if for the expression “Court” the expression “Tribun al” wherever \r\napplicable for the purpose of this Ordinance, was substituted, and as if from sub -\r\nsection (1) of the said section, the reference to a Magistrate of first class was \r\nomitted, and as if in sub-section (7) of the said section– \r\n(i) the reference to section 106 or section 118 or section 562 of that Code \r\nwas replaced by a reference to clause ( a) of sub-section (1) of section \r\n14 of this Ordinance; and \r\n(ii) the reference to a bond executed in lieu of the bond under section 514 \r\nB of that Code was replaced by a reference to the proviso to clause ( a) \r\nof sub-section (1) of section 14 of this Ordinance. \r\n (5) A breach of any order made against any person under clause ( d) or \r\nclause (e) of sub -section (1) of section 14, or the further commission of any of the \r\nacts mentioned in section 13, or the commission of any offence which is punishable \r\nwith imprisonment under any law for the time being in force and which in the opinion \r\nof the Tribunal involves or implies moral turpitude, shall amount to a breach of a \r\nbond fo r good behaviour which may have been furnished by him under this \r\nOrdinance. \r\n17. Discharge of person informed against .– If, on an inquiry under section 10, \r\nit is proved that action under section 13 is not necessary the Tribunal shall make an \r\n \r\n1See rule 4 of the West Pakistan Control of Goondas Rules 1961, published in the Gazette of West Pakistan (Extraordinary), \r\ndated March 1, 1961, pp. 611-613. \r\n2V of 1898. \r\n3V of 1898. \r\nentry on the re cord to that effect , and if such person is in custody only for the \r\npurposes of the inquiry, shall release him, or, if such person is not in custody, shall \r\ndischarge him. \r\n18. Appeal against the orders of the Tribunal .– (1) An appeal from an order \r\nmade by a Tribunal under section 4, section 8, section 13, section 14 or section 16, \r\nshall lie to the Commissioner of the Division in which the Tribunal exercises its \r\njurisdictions. \r\n (2) The provisions of the Limitation Act, 1908\r\n1\r\n, shall apply to an appeal \r\nunder sub-section (1): \r\n Provided that the period of limitation for an appeal shall be thirty days from the \r\ndate of the order. \r\n (3) The Commissioner on hearing the appeal may– \r\n(a) discharge the person complained against, or \r\n(b) dismiss the appeal, or \r\n(c) subject to the provisions of this Ordinance modify the order appealed \r\nagainst in such manner as he may think fit. \r\n19. Revision of Tribunal’s orders .– In relation to any such order under section \r\n4, or section 13, or section 16 the High Court may call for the record of the case, and \r\nif the Tribunal or the Commissioner appears– \r\n(a) to have exercised a jurisdiction not vested in it by law, or \r\n(b) to have failed to exercise a jurisdiction so vested, or \r\n(c) to have acted in the exercise of its jurisdiction illegally, \r\n the H igh Court may make such direction as it may deem sufficient for the \r\nrectification of the error or omission and the Tribunal or the Commissioner shall \r\nconduct itself, or himself, as the case may be, accordingly. \r\n20. Photographs, fingerprints, etc.– Every person, in respect of whom an order \r\nhas been made under section 13 shall, if so directed by the Tribunal present himself \r\nbefore such officer of Government and at such place and time as may be specified in \r\nthe order– \r\n(i) for being photographed, \r\n(ii) for giving his fin ger impressions or, if literate, specimens of his \r\nhandwriting and signature, \r\nand such person shall allow himself to be photographed and shall affix his \r\nfinger impressions as required, and, as the case may be, supply specimens of his \r\nhandwriting and signature. \r\n21. Punishment.– (1) Whoever contravenes any order made under clause ( d) or \r\nclause (e) of sub -section (1) of section 14, shall be punished with imprisonment of \r\neither description which may extend to two years, or with fine, or with both. \r\n \r\n1IX of 1908. \r\n (2) Whoever contravenes any order made or disobeys any direction given \r\nunder this Ordinance shall be punished with imprisonment of either description which \r\nmay extend to one year or with fine or with both. \r\n (3) Whoever contravenes any order made or disobeys any direct ion given \r\nunder this Ordinance may be punished with whipping in addition to any other \r\npunishment to which he may be liable under this section. \r\n1\r\n[21-A. Enhanced punishment in some cases .– Notwithstanding anything \r\ncontained in the Pakistan Penal Code, the Wh ipping Act, 1909, or any other law for \r\nthe time being in force, when a goonda is convicted under an enactment mentioned \r\nin the First Schedule to this Ordinance, for an offence punishable under any of the \r\nsections of that enactment mentioned against it in t he second column of the said \r\nSchedule, the maximum punishment that may be awarded to him on such conviction \r\nshall be that appearing in the corresponding entry in the third column thereof.] \r\n22. Offences cognizable and non -bailable.– Notwithstanding anything \r\ncontained in any other law for the time being in force, every offence punishable \r\nunder this Ordinance, shall, be cognizable and non-bailable. \r\n2\r\n[22-A. Appointment and duties of Probation Officers.– (1) The Probation Officers \r\nappointed under the Probation o f Offenders Ordinance, 1960, and such Gazetted \r\nofficers as Government may, by notification in the official Gazette, appoint, shall be \r\nthe Probation Officers for purposes of this Ordinance, within the local limits assigned \r\nto each. \r\n (2) It shall be the dut y of a Probation Officer, under the general control of \r\nthe Tribunal– \r\n(a) to have the superintendence of all goondas within his jurisdiction with a \r\nview to preventing them from evil association and assisting in their \r\nrehabilitation as useful citizens; \r\n(b) to make reports at prescribed times and in the prescribed manner to \r\nthe Tribunal regarding the general behaviour of each such person, and \r\nthe manner of dealing with him; \r\n(c) to make recommendations, as and when justified by the general \r\nbehaviour of any su ch person, for releasing him from any bond for \r\ngood behaviour or from any order of detention or prohibition made in \r\nrespect of him under clause (a), clause (c), clause (d) or clause (e) of \r\nsub-section (1) of section 14, as the case may be; and \r\n(d) to make recommendations, as and when justified by marked \r\nimprovement in the general behaviour, manner of life and character of \r\nany such person, that his name may be removed from any list of \r\ngoondas maintained under section 13.] \r\n \r\n1Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the \r\nGazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 7. \r\n2Ibid., s. 8. \r\n1\r\n[22-B. Action on Probation Officer s report.– On receipt of a periodical report, or \r\nas the case may be, a recommendation from the Prob ation Officer under section 22-\r\nA, the Tribunal may in the case of any goonda, after such inquiry as it may deem \r\nnecessary, direct– \r\n(a) that he be released from any bond for good behaviour furnished by him \r\nor on his account and from any order of detention or of prohibition \r\nmade in respect of him under section 14; or \r\n(b) that his name be removed from the list of goondas, maintained under \r\nsection 13.] \r\n23. Effect of laws and enactment .– The provisions of this Ordinance, and any \r\norder made or action taken under this Ordinance, shall have effect notwithstanding \r\nanything inconsistent therewith contained in any enactment, other than this \r\nOrdinance, for the time being in force, and in any instrument having effect by virtue \r\nof any such enactment other than this Ordinance. \r\n24. Bar on civil or criminal proceedings .– No proceedings taken or orders \r\npassed under this Ordinance, shall be called in question otherwise than as pr ovided \r\nhereunder, and no civil or criminal proceedings shall be instituted against any person \r\nfor anything done or intended to be done under this Ordinance, or against any \r\nperson for any loss or damage caused to, or in respect of, any property as a result of \r\nan act done or intended to be done under this Ordinance. \r\n2\r\n[25. Removal of name from the list of goondas.– * * * ] \r\n26. Custody of records.– The record of the proceedings held by a Tribunal shall, \r\nafter disposal of the case, be kept in such custody as Government may prescribe. \r\n27. Transfer of cases .– (1) Government may by an order in writing transfer a \r\ncase from one Tribunal to another in the Province. \r\n (2) The Commissioner may by order in writing transfer a case from one \r\nTribunal to another within a division. \r\n3\r\n[27-A. Withdrawal from proceedings .– A Public Prosecutor may, with the consent \r\nof the Tribunal, withdraw from any proceedings pending before the Tribunal against \r\nany person, and upon such withdrawal, such person, if in custody only for the \r\npurposes of such proceedings, shall be released, or if such person is not in custody, \r\nshall be discharged.] \r\n28. Rule.– (1) Government may make rules\r\n4\r\n, not inconsistent with the provisions \r\nof this Ordinance, for carrying out the purposes of this Ordinance. \r\n \r\n1Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968), published in the \r\nGazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 8. \r\n2Deleted by the Ordinance ibid., s. 9. \r\n3Added by the West Pakistan Control of Goondas (Amendment) Ordinance, 1962 (W.P. XXIII of 1962), published in the Gazette \r\nof West Pakistan (Extraordinary), dated May 29, 1962, pp. 2167-2168, s. 2. \r\n4Home Department vide Notification No. Judl.I –15(15)60, dated February 28, 1961, made “the West Pakistan Control of \r\nGoondas Rules, 1961”, published in the Gazette of West Pakistan (Extraordinary), dated March 1, 1961, pp. 611-613. \r\n (2) Without prejudice to the generality of the power conferred by sub -\r\nsection (1) such rules may provide for– \r\n(a) the lists to be maintained in which the names of goondas are to be \r\nregistered, and the manner of such registration; \r\n(b) the manner in which the name s of persons who are declared to be \r\ngoondas should be publicly notified; and \r\n(c) the manner in which an order under clause ( d) of sub -section (1) of \r\nsection 14 shall operate. \r\n29. Repeal.– The enactments specified in the \r\n1\r\n[Second Schedule] are hereby \r\nrepealed to the extent mentioned in the fourth column thereof:– \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Substituted for the word “Schedule” by the West Pakistan Control of Goondas (Amendment) Ordinance, 1968 (W.P. Ordinance \r\nXI of 1968), published in the Gazette of West Pakistan (Extraordinary) dated October 30, 1968, pp. 3627-3635, s. 10. \r\n1\r\n[THE FIRST SCHEDULE \r\n(see section 21-A) \r\nName and other \r\ndetails of \r\nenactment \r\nNumbers of sections Maximum punishments \r\n1 2 3 \r\nPART I-PAKISTAN PENAL CODE \r\nChapter VIII, \r\nPakistan Penal \r\nCode. \r\n1. Sections 143, 144, 151 and 153. Two years’ rigorous \r\nimprisonment. \r\n2. Section 153-A. Five years’ rigorous \r\nimprisonment and whipping. \r\n3. Sections 157 and 158. Three years’ rigorous \r\nimprisonment. \r\n4. Section 160. Two years’ rigorous \r\nimprisonment. \r\nChapter X, \r\nPakistan Penal \r\nCode. \r\n1. Sections 172, 173, 174 and 182. One years’ rigorous \r\nimprisonment. \r\n2. Sections 186 and 188. Two years’ rigorous \r\nimprisonment and whipping. \r\n3. Sections 189 and 190. Three years’ rigorous \r\nimprisonment and whipping. \r\nChapter XI, \r\nPakistan Penal \r\nCode. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1. Sections 224 and 225 Parts I and \r\nII. \r\nFive years’ rigorous \r\nimprisonment and whipping. \r\n2. Section 225, Parts III, IV and V. Whipping in addition to the \r\npunishment provided under the \r\nPakistan Penal Code. \r\n3. Sections 225-B and 228. Two years’ rigorous \r\nimprisonment and whipping. \r\nChapter XIV, \r\nPakistan Penal \r\nCode. \r\n1. Sections 292, 293 and 294. Two years’ rigo rous \r\nimprisonment and whipping. \r\nChapter XVI, \r\nPakistan Penal \r\nCode. \r\n1. Section 341 One years’ rigorous \r\nimprisonment and whipping. \r\n2. Sections 342, 343, 344, 345, 346 \r\nand 347. \r\nWhipping in addition to the \r\npunishment provided under the \r\nPakistan Penal Code. \r\n3. Section 352 Two years’ rigorous \r\nimprisonment and whipping. \r\n4. Sections 353, 354, 355 and 356. Whipping in addition to the \r\npunishment provided under the \r\nPakistan Penal Code. \r\n \r\n1Substituted by the West Pakistan Control of Goon das (Amendment) Ordinance, 1968 (W.P. Ordinance XI of 1968) , published \r\nin the Gazette of West Pakistan (Extraordinary), dated October 30, 1968, pp. 3627-3635, s. 11. \r\n5. Section 357. Two years’ rigorous \r\nimprisonment and whipping. \r\n6. Sections 363, 365, 366, 366 -A, \r\n367, 368, 369, 372, 373 and 377. \r\nWhipping in addition to the \r\npunishment provided under the \r\nPakistan Penal Code. \r\nChapter XVII, \r\nPakistan Penal \r\nCode. \r\n1. Sections 384, 385, 386, 387, 388, \r\n389, 392, 399, 401 and 402. \r\nWhipping in addition to the \r\npunishment provided under the \r\nPakistan Penal Code. \r\n2. Sections 411 and 414. Five years’ rigo rous \r\nimprisonment. \r\n3. Sections 417, 418 and 419. Five years’ rigorous \r\nimprisonment. \r\nChapter XVIII, \r\nPakistan Penal \r\nCode. \r\n1. Section 465. Five years’ rigorous \r\nimprisonment. \r\nChapter XX, \r\nPakistan Penal \r\nCode. \r\n1. Section 498. Five years’ rigo rous \r\nimprisonment and whipping. \r\nChapter XXII, \r\nPakistan Penal \r\nCode. \r\n1. Sections 504, 506, 507, 508 and \r\n509. \r\nWhipping in addition to the \r\npunishment provided under the \r\nPakistan Penal Code. \r\n2.Section 510. Six months’ rigorous \r\nimprisonment and whipping. \r\nPART II-OTHER ENACTMENTS \r\n1. Opium Act, \r\n1878. \r\n1. Section 9. Five years’ rigorous \r\nimprisonment and shall also be \r\nliable to fine. \r\n2. Sind Abkari Act, \r\n1878. \r\n1. Section 43. Five years’ rigorous \r\nimprisonment and shall also be \r\nliable to fine. \r\n2. Sections 45, 45-A, 46. One year’s r igorous \r\nimprisonment and shall also be \r\nliable to fine. \r\n3. West Pakistan \r\nPrevention of \r\nGambling \r\nOrdinance, \r\n1961. \r\n1. Sections 4, 5 and 6. One years’ rigorous \r\nimprisonment for the first, and \r\ntwo years’ rigorous \r\nimprisonment for any \r\nsubsequent offence. \r\n \r\n \r\nTHE SECOND SCHEDULE \r\n(see section 29) \r\nYear No. Short title Extent of repeal \r\n1 2 3 4 \r\n1951 XIV The Punjab Control of Goondas Act, \r\n1951. \r\nThe whole. \r\n1952 XXVIII The Sind Control of Goondas Act, 1952. The whole. \r\n1952 XXIX The Karachi Control of Disorderly \r\nPersons Act, 1952. \r\nThe whole. \r\n1959 IV The Sind Acts Extension to Khairpur \r\nDistrict Ordinance, 1959. \r\nEntry 8 of the first \r\nSchedule.]", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-2c2ca26e75bf8f21:sha256:a9817cee86164fd699ca3f5d8a810e7667fb0bf73bc59ae555d40203ba58e0b2:chars-0-1789:8b68a7acc673a7beee42ce83c8f11ab262fe6d922ade1c0fad6064ee21c5c321", "character_start": 0, "character_end": 1789, "utf8_byte_start": 0, "utf8_byte_end": 1795, "passage_sha256": "8b68a7acc673a7beee42ce83c8f11ab262fe6d922ade1c0fad6064ee21c5c321", "reader_fragment": "p-0-1789-8b68a7acc673a7be" }, { "passage_id": "law:punjab-code-2c2ca26e75bf8f21:sha256:a9817cee86164fd699ca3f5d8a810e7667fb0bf73bc59ae555d40203ba58e0b2:chars-1789-3557:35b6fb8b82e8431734a9f5e87c45eb800227c05a1ae56d7ac428eb88093e8bf7", "character_start": 1789, "character_end": 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