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  "title": "PUNJAB SUPPRESSION OF PROSTITUTION ORDINANCE, 1961",
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  "text": "THE PUNJAB SUPPRESSION OF PROSTITUTION \r\nORDINANCE, 1961 \r\n(II of 1961) \r\nCONTENTS \r\n1. Short title and extent. \r\n2. Definitions. \r\n3. Punishment for keeping a brothel or allowing any place to be used as a \r\nbrothel. \r\n4. Punishment for soliciting. \r\n5. Punishment for permitting prostitution in places of public amusement. \r\n6. Punishment for living on earnings of prostitution. \r\nPresumption. \r\n7. Punishment for causing, encouraging or abetting prostitution of a gir l \r\nunder sixteen. \r\n8. Punishment for procuration. \r\n9. Punishment for importing any woman or girl for prostitution. \r\n10. Punishment for keeping any woman or girl for prostitution. \r\nPresumption. \r\nBar of certain legal proceedings. \r\n11. Subsequent offence under section 3. \r\n12. Determination of tenancy of premises on conviction for permitting use \r\nas a brothel or for purposes of habitual prostitution. \r\n13. Power to arrest without warrant. \r\n14. Power to enter without warrant and removal of minor girls. \r\n15. Offences triable by certain Magistrates only. \r\n16. Power to make rules. \r\n17. Repeal and savings. \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] SUPPRESSION OF PROSTITUTION ORDINANCE, 1961 \r\n(II of 1961) \r\n[7 January 1961] \r\nAn \r\nOrdinance \r\nto amend and consolidate the law relating to the suppression of prostitution in the \r\nProvince of \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to amend and consolidate the law relating to \r\nthe suppression of prostitution in the Province 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 having  received the previous instructions of the \r\nPresident, the Governor of West Pakistan is pleased, in exercise of all powers \r\nenabling him in that behalf, to make and promulgate the following Ordinance:– \r\n1. Short title and extent .– (1) This Ordinance may be ca lled the \r\n5\r\n[Punjab] \r\nSuppression of Prostitution Ordinance, 1961. \r\n \r\n6\r\n[(2) It extends to the whole of the Province of \r\n7\r\n[the Punjab] , except the \r\nTribal Areas.] \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n8\r\n[(a) “brothel” means any house, part of a house, room or place in which a \r\nprostitute resides or carries on prostitution or any place or institution \r\nwhere facilities are known to be available for prostitution;] \r\n(b) “place of public amusement” shall mean any place, enclosure, building, \r\ntent, booth or other erection, whether permanent or temporary, where \r\nmusic, singing, dancing, or any diversion or game or the means of \r\n                                                           \r\n1In pursuance of the Presidential Proclamation the seventh day of October, 1958, this Ordinance was promulgated by the \r\nGovernor of  West Pakistan on Sep tember 29, 1960  and published in the  Gazette of West Pakistan (Extraordinary), dated \r\nJanuary 7, 1961, pp. 75-82; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of \r\nPakistan (1962). \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order,  1974 (1 of 1974), published in the Punjab \r\nGazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the \r\nGazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 2.  \r\n7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab \r\nGazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule. \r\n8Substituted by the West Pakistan Suppression of Prostitution (Ame ndment) Act, 1968 (II of 1968) , published in the Gazette of \r\nWest Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 2.  \r\ncarrying on the same, is provided, and to which the public are admitted \r\neither on payment of money or with the intention that money may be \r\ncollected from those admitted; and shall include a race -course, circus, \r\ntheatre, music hall, billiard -room, bagatelle -room, gymnas ium or \r\nfencing school; \r\n(c) “place of public entertainment” shall mean any place, whether enclosed \r\nor open, to which the public are admitted and where any kind of food or \r\ndrink is supplied for consumption on the premises for the profit or gain \r\nof any person owning or having an interest in or managing such place; \r\nand shall include a refreshment -room, eating -house, coffee -house, \r\nliquor-house, boarding-house, lodging-house, hotel, serai or tavern, or \r\nwine, beer, spirit, arrack, toddy, bhang or opium shop; \r\n(d) “prostitution” means promiscuous sexual intercourse for hire, whether \r\nin money or kind; \r\n(e) “prostitute” means any female available or known to be available for \r\npurposes of prostitution; \r\n(f) “public place” includes site of any  hut, bazar, mela, exhibition, any river \r\nbank, dock, jetty or ware -house to which the public have access, every \r\npublic building, garden or monument and the precincts thereof, every \r\nplace of public amusement or entertainment, and every place \r\naccessible to the public for drawing water, wa shing or bathing or for \r\npurposes of recreation \r\n1\r\n[.] \r\n3. Punishment for keeping a brothel or allowing any place to be used as a \r\nbrothel.– (1) Whoever– \r\n(a) keeps or manages or acts or knowingly finances or takes part in the \r\nfinancing of, or assists in, the management of a brothel, or \r\n(b) being a tenant, lessee, occupier or person in charge of any premises, \r\nknowingly permits such premises or any part thereof to be used as a \r\nbrothel, or \r\n(c) being a lessor or landlord of any premises, or the agent of such lessor \r\nor landlord, lets the same or any part thereof with the knowledge that it \r\nis intended to be used as a brothel, \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to two years,  \r\n2\r\n[and] with fine, which may extend to one tho usand rupees \r\n3\r\n[* * \r\n*]. \r\n (2) Where, in any prosecution of a tenant, lessee, occupier or person in \r\ncharge of any premises under this section, it is found that such premises or any part \r\nthereof have been used as a brothel, it shall be presumed, unless the con trary is \r\nproved, that he knowingly permitted such use. \r\n                                                           \r\n1Misprinted in the Gazette as “;”. \r\n2Substituted for the word “or” by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1968 (II of 1968), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 3(i). \r\n3Deleted the comma and the words “, or with both” by the Act ibid., s. 3(ii). \r\n4. Punishment for soliciting.– Whoever in any street or public place or place of \r\npublic resort or within sight of and in such manner as to be seen or heard from any \r\nstreet or public place, whether from within any house or building or not,– \r\n(a) by words, gestures, wilful and indecent exposure of her person or \r\notherwise attracts or endeavours to attract attention for the purpose of \r\nprostitution, or \r\n(b) solicits or molests any person or loiters for the pur pose of prostitution, \r\nshall for a first offence be punished with imprisonment which may \r\nextend to six months, or with fine which may extend to two hundred \r\nrupees, or with both, and for a subsequent offence with imprisonment \r\nwhich may extend to one year, or  with fine which may extend to one \r\nthousand rupees, or with both. \r\n5. Punishment for permitting prostitution in places of public amusement .– \r\nWhoever being the keeper of any place of public amusement or entertainment, \r\nknowingly permits prostitutes, for the p urposes of their trade, to enter or remain in \r\nsuch place, shall be punished with fine which may extend to five hundred rupees. \r\n6. Punishment for living on earnings of prostitution .– (1) Whoever being \r\nabove the age of eighteen years– \r\n(a) knowingly lives, wh olly or in part, on the earnings of another’s \r\nprostitution, or \r\n(b) exploits the prostitution of another person, whether with or without that \r\nperson’s consent, \r\nshall be punished with imprisonment of either description for a term which may \r\nextend to two years, \r\n1\r\n[and] with fine which may extend to one thousand rupees \r\n2\r\n[* * *] \r\nand if the person convicted is a male he may be punished with whipping in lieu of or \r\nin addition to any other punishment provided in this sub-section. \r\n (2) Presumption.– Where any person is proved to be living with, or to be \r\nhabitually in the company of, a prostitute or is proved to have directed or exercised \r\ncontrol or influence over the movements of a prostitute in such a manner as to show \r\nthat he is aiding, abetting, compelling or explo iting her prostitution with any other \r\nperson or generally, or to be keeping or managing or assisting in the management of \r\na brothel, it shall be presumed, until the contrary is proved, that he is knowingly \r\nliving on the earnings of prostitution. \r\n7. Punishment for causing, encouraging or abetting prostitution of a girl \r\nunder sixteen.– If any person having custody, charge or care of any girl under the \r\nage of sixteen years, causes or encourages or abets the seduction or prostitution of \r\nthat girl, he shall be p unished with rigorous imprisonment for a term which may \r\nextend to three years, \r\n3\r\n[and] with fine which may extend to one thousand rupees \r\n1\r\n[* * \r\n*] and if the person convicted is a male, shall  also be liable to whipping. \r\n                                                           \r\n1Substituted for the word “or” by the Act ibid., s. 4(i).  \r\n2Deleted the comma and the words “, or with both” by the Act ibid., s. 4(ii).  \r\n3Substituted for the word “or”  by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of 1968), published \r\nin the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 5(i).  \r\n8. Punishment for procuration .– Whoever procures or entices or leads away \r\nor attempts to procure, entice or lead away any woman or girl for the purposes of \r\nprostitution, whether with or without her consent, or who with intent that she may for \r\nthe purposes of prostitution become the inmate of or frequent a brothel, persuades a \r\nwoman or girl to leave her usual place of abode, shall be punished with \r\nimprisonment of either description for a term which may extend to three years , \r\n2\r\n[and] \r\nwith fine which may extend to one thousand rupees  \r\n3\r\n[* * *]  and if the person \r\nconvicted is a male, he may be punished with whipping in lieu of or in addition to any \r\nother punishment provided in this section. \r\n9. Punishment for importing any woman or girl for prostitution .– Whoever \r\nbrings or attempts to bring into the Pr ovince any woman or girl with a view to her \r\nbecoming a prostitute, shall be punished with imprisonment of either description for a \r\nterm which may extend to three years,  \r\n4\r\n[and] with fine which may extend to one \r\nthousand rupees \r\n5\r\n[* * *]  and if the person con victed is a male, he may be punished \r\nwith whipping in lieu of or in addition to any other punishment provided in this \r\nsection. \r\n10. Punishment for keeping any woman or girl for prostitution .– (1) \r\nWhoever– \r\n(a) keeps any woman or girl in a brothel, or \r\n(b) detains any woman or girl, against her will, in any place with intent that \r\nshe may have sexual intercourse with any man other than her lawful \r\nhusband, \r\nshall be punished with rigorous imprisonment for a term which may extend to three \r\nyears, \r\n6\r\n[and] with fine wh ich may extend to one thousand rupees  \r\n7\r\n[* * *]  and if the \r\nperson convicted is a male, shall also be liable to whipping. \r\n (2) Presumption.– A person shall be presumed to detain a woman or girl \r\nin any place for the purpose referred to in clause ( b) of sub -section (1), if such \r\nperson, with intent to compel or induce her to remain there,– \r\n(a) withholds from her any jewellery, clothing or other property belonging \r\nto her, or \r\n(b) threatens her with legal proceedings if she takes away with her any \r\njewellery or clothing lent or supplied to her by or under the direction of \r\nsuch person. \r\n (3) Bar of certain legal proceedings .– No legal proceedings, whether \r\ncivil or criminal, shall be taken against any such woman or girl for taking away or \r\n                                                                                                                                                                                     \r\n1Omitted the commas and the words “, or with both,” by the Act ibid., s. 5(ii).  \r\n2Substituted for the word “or” by the Act ibid., s. 6(i).  \r\n3Omitted the commas and the words “, or with both,” by the Act ibid., s. 6(ii).  \r\n4Substituted for the word “or” by the Act ibid., s. 7(i).  \r\n5Omitted the commas and the words “, or with both,” by the Act ibid., s. 7(ii).  \r\n6Substituted for the word “or”  by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of  1968), published \r\nin the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 8(i). \r\n7Omitted the commas and the words “, or with both,” by the Act ibid., s. 8(ii).  \r\nbeing found in possession of an y such clothing as was necessary to enable her to \r\nleave such premises or brothel. \r\n11. Subsequent offence under section 3 .– (1) Whoever having been convicted \r\nof an offence punishable under section 3, is convicted of a subsequent offence \r\npunishable under the same section, may, in addition to the punishment provided under \r\nthat section, be required by the Court to execute a bond, with sureties, for his good \r\nbehaviour for such period, not exceeding three years, as the Court may direct, and in \r\ndefault of executin g such bond, may be imprisoned for a period not exceeding six \r\nmonths in addition to any punishment awarded in respect of his offence. \r\n (2) The provisions of Chapters VIII and XLII of the Code of Criminal \r\nProcedure, 1898\r\n1\r\n, shall apply to orders made for the  execution of bonds under this \r\nsection. \r\n12. Determination of tenancy of premises on conviction for permitting use \r\nas a brothel or for purposes of habitual prostitution .– (1) On conviction of any \r\ntenant, lessee or occupier of an offence under sub -section (1) of section 3, the Court \r\nshall give notice thereof in writing to the landlord or lessor of such person, who shall \r\nthen be entitled to require the person so convicted to assign the lease or other \r\ncontract, under which the said premises are held by him, to some person approved \r\nby the landlord or lessor which approval shall not be unreasonably withheld, and in \r\nthe event of the person so convicted failing within three months to assign the lease \r\nor contract, as aforesaid, the landlord or lessor shall, notwithst anding any law, \r\ncontract, decree or order of a Court to the contrary, be entitled to determine the \r\nlease or other contract, but without prejudice to the rights or remedies of any party to \r\nsuch lease or contract accruing before the date of such determination. \r\n (2) If the landlord or lessor determines a lease or contract of tenancy under \r\nthe provisions of sub-section (1), the Court which has convicted the tenant, lessee or \r\noccupier may make an order for delivery of possession to the landlord or lessor within \r\nsuch time not being less than seven days as the Court may direct; and the order shall \r\nbe served on the person against whom it is made in the manner provided in the Code \r\nof Criminal Procedure, 1898\r\n2\r\n, for the service of summons. \r\n (3) Whoever fails to comply with an order under the last preceding sub -\r\nsection shall be punished with imprisonment of either description which may extend \r\nto one month, or with fine which may extend to two hundred rupees, or with both. \r\n (4) If the landlord or lessor, after he has rece ived notice in writing of such \r\nconviction, fails to exercise his rights under sub-section (1), and subsequently during \r\nthe subsistence of the lease or contract any such offence is again committed in \r\nrespect of the premises, the landlord or lessor shall be deemed to have abetted that \r\noffence, unless he proves that he had taken all reasonable steps to prevent the \r\nrecurrence of the offence. \r\n (5) Where a landlord or lessor determines a lease or other contract under \r\nthis section, and subsequently grants another lease or enters into another contract \r\nof tenancy to, with, or for the benefit of the same person, without causing to be \r\ninserted in such lease or contract all reasonable provisions for the prevention of a \r\n                                                           \r\n1V of 1898. \r\n2V of 1898. \r\nrecurrence of any such offence, he shall be deemed to have failed to exercise his \r\nrights under the provisions of this section, and any such offence committed during \r\nthe subsistence of the subsequent lease or contract shall be deemed, for the \r\npurpose of this section, to have been committed during the subsis tence of the \r\nprevious lease or contract. \r\n13. Power to arrest without warrant .–\r\n 1\r\n[If a complaint is made to any gazetted \r\npolice officer about the commission of any offence punishable under section 3, 4, 5, \r\n6, 7, 8, 9 or 10 or if any such offence is committe d in the view of any police officer \r\nnot below the rank of the Superintendent of Police, such officer may arrest, without \r\nwarrant, any person accused of the commission of such offence.] \r\n14. Power to enter without warrant and removal of minor girls .– The \r\nSuperintendent of Police, or any gazetted police officer specially authorised in writing \r\nin this behalf by the District Magistrate, may enter any place and remove to the \r\nprescribed place any girl who appears to be under the age of eighteen years, if he has \r\nreason to believe– \r\n(a) that an offence punishable under section 3 has been or is being \r\ncommitted in respect of the place; or \r\n(b) that a woman or girl in respect of whom an offence under this \r\nOrdinance has been committed, is to be found therein. \r\n15. Offences triable by certain Magistrates only .– No offence under this \r\nOrdinance shall be tried summarily, or by a Magistrate below the rank of a \r\nMagistrate of the first class. \r\n16. Power to make rules .– The Provincial Government may make rules for \r\ncarrying into effect the provisions of this Ordinance. \r\n17. Repeal and savings.– (1) The following enactments are hereby repealed:– \r\n(i) the Punjab Suppression of Immoral Traffic Act, 1935\r\n2\r\n; \r\n(ii) the Punjab Suppression of Immoral Traffic Act, 1935\r\n3\r\n, as applicable to \r\nthe former State of Bahawalpur; \r\n(iii) the North-West Frontier Province Anti -Prostitution and Suppression of \r\nBrothels Act, 1937\r\n4\r\n; \r\n5\r\n[*] \r\n(iv) the Sind Prevention of Prostitution Act, 1951\r\n6\r\n \r\n7\r\n[; and] \r\n                                                           \r\n1Substituted by the West Pakistan Su ppression of Prostitution (Amendment) Act, 1968 (II of 1968), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 9. \r\n2Pb. IV of 1935. \r\n3Pb. IV of 1935. \r\n4N.W.F.P. III of 1937. \r\n5Omitted the word “and”  by the We st Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(a). \r\n6Sind XX of 1951. \r\n7Substituted for the full-stop by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(b). \r\n1\r\n[(v) the Bombay Prevention of Prostitution Act, 1923, as applicable to  \r\nKarachi District.] \r\n (2) Notwithstanding the repeal of the enactments mentioned in sub-section \r\n(1), everything done, action taken, obligation, liability, penalty or punishment \r\nincurred, inquiry or proceeding commenced, officer appointed or person authorise d, \r\njurisdiction or power conferred, rule made and order issued under any of the \r\nprovisions of the said enactments shall, if not inconsistent with the provisions of this \r\nOrdinance, be continued and, so far as may be, be deemed to have been \r\nrespectively done , taken, incurred, commenced, appointed, authorised, conferred, \r\nmade or issued under this Ordinance. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\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\n1Added by the  West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the \r\nGazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(c).",
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