EHTRAM-E-RAMAZAN ORDINANCE, 1981
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THE EHTRAM-E-RAMAZAN ORDINANCE, 1981 (XXIII of 1981)
TEXT THE EHTRAM-E-RAMAZAN ORDINANCE, 1981 (XXIII of 1981) [25th June, 1981] An Ordinance to provide for measures observe the sanctity of the month of Ramazan Preamble.– Whereas, in view of the tenets of Islam, it is necessary to provide for measures to observe the sanctity of the month of Ramazan; And whereas the President is satisfied that circumstance exist which render it necessary to take immediate action;
Now, therefore, in exercise of the powers conferred by Article 89 of the Constitution, read the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981), the President is pleased to make and promulgate the following Ordinance:–
Section 1. Short title, extent and commencement
1) This Ordinance may be called the Ehtram-e-Ramazan Ordinance, 1981.
(2) It extends to the whole of 1[the Punjab].
(3) It shall come into force at once.
Section 2. Definition
In this Ordinance, unless there is anything repugnant in the subject or context, “public place” include any hotel, restaurant, canteen, house, room, tent, enclosures, road lane, bridge or other place to which the public have access.
Section 3. Prohibition of eating, etc, in public places
(1) No person who, according to the tenets of Islam, is under an obligation to fast shall eat, drink or smoke in a public place during fasting hours in the month of Ramazan.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to 2[five thousand rupees], or with both.
Section 4. Prohibition of serving eatables in certain public places
No proprietor, manager, servant, or other person in charge of a hotel, restaurant or canteen, or other public place, shall knowingly and willfully offers or serve or cause to be offered or served any eatable during fasting hours in the month of Ramazan to any person who, according to the tenets of Islam, is under an obligation to fast.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a ten which may extend to three months, or with fine which may extend to 3[fifty thousand rupees], or with both.
Section 5. Exemptions
Nothing contained in section 4 shall apply in respect of --
(a) a canteen or kitchen maintained in a hospital for serving food to patient; 4[(b) A restaurant, or canteen, stall or wheel-barrow, or the holder of vending contract, within the premises of a railway station or in a train or a restaurant or canteen within the premises of an airport, seaport, or bus stand or in an aircraft;]
1Substituted for the word “Pakistan” by the Punjab Ehtram-E-Ramazan (Amendment) Act 2017 (XXII of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.2
2Substituted for the words “five hundred rupees” by the Punjab Ehtram-E-Ramazan (Amendment) Act 2017 (XXII of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.3.
3Substituted for the words “five hundred rupees” by the Punjab Ehtram-E-Ramazan (Amendment) Act 2017 (XXII of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.4.
4Clause (b) Subs. by the Ehtram-e-Ramzan (Amendment), XXIX of 1981.
(c) A kitchen or dining-car of a train; or
(d) a kitchen or canteen meant for children within the premises of a primary school.
Section 6. Cinema-houses, theatres, etc., to remain closed during Ramazan
(1) All cinema-houses, theatres and similar other establishments or institutions shall remain closed during the month of Ramazan from the time of sunset to the expiration of three hours thereafter.
(2) If the proprietor, manager, servant or other person in charge of a cinema- house, theatre or similar other establishment or institution contravenes the provisions of sub section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 5[fifty thousand rupees] or with both.
Section 7. Power to enter and arrest
6[(1) A Magistrate or an Assistant Commissioner, who has reason to believe that any offence punishable under this Ordinance has been committed by any person, may enter the public place and arrest such person.]
(2) Where the Magistrate arresting any person under sub-section. (1) is for the time being empowered to try in a summary way the offences specified in sub- section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), such Magistrate may try such person at the place where lie is arrested in accordance with the provisions contained in sections 262 to 265 of the said Code.
Section 8. Cognizance of offences and procedure
(1) Save as provided in sub section
(2) of section 7 no court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by a person authorized to arrest under sub section (1) of that section or by the officer in charge of the police station in whose jurisdiction the offence is alleged to have been committed.
(2) Any Magistrate empowered for the time being to try in a summary way the offences specified in sub section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898) may try any offence punishable under the Ordinance in accordance with the provisions contained in sections 262 to 265 of the said Code.
(3) The officer in charge of the police station to which a person arrested is forwarded under sub section (3) of section 7 shall make a complain to a Magistrate within twenty four hours to the time on which such person is brought to the police station.
(4) The trial of an offence punishable under this Ordinance shall be taken up on a priority basis and shall be concluded as expeditiously as may be administratively possible.
Section 9. Power to make rules
(1) The 7[Provincial Government] may make rules for carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing provisions such rules may provide that in a canteen restaurant or dining car referred to in clause (1), (b), (c) or (d) of section 5 eatables or articles of smoking shall only be served at a place protected form public view by means of a curtain or otherwise and specify the classes of persons who may be admitted to any such canteen, restaurant, or dining car during fasting hours in the month of Ramazan.
(3) A person contravening any rule made under sub section (1) shall be deemed to be guilty of an offence punishable under section 4 and shall be punishable accordingly.
Section 10. Ordinance to override other laws
The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.
5Substituted for the words “five thousand rupees” by the Punjab Ehtram-E-Ramazan (Amendment) Act 2017 (XXII of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.5.
6Substituted by the Punjab Ehtram-E-Ramazan (Amendment) Act 2017 (XXII of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.6.
7Substituted for the words “Federal Government” by the Punjab Ehtram-E-Ramazan (Amendment) Act 2017 (XXII of 2017), published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.7.
Print contents from the source
CONTENTS 1. Short title, extent and commencement 2. Definition 3. Prohibition of eating, etc, in public places 4. Prohibition of serving eatables in certain public places 5. Exemptions 6. Cinema-houses, theatres, etc., to remain closed during Ramazan 7. Power to enter and arrest 8. Cognizance of offences and procedure 9. Power to make rules 10. Ordinance to override other laws
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THE EHTRAM-E-RAMAZAN ORDINANCE, 1981
(XXIII of 1981)
CONTENTS
1. Short title, extent and commencement
2. Definition
3. Prohibition of eating, etc, in public places
4. Prohibition of serving eatables in certain public places
5. Exemptions
6. Cinema-houses, theatres, etc., to remain closed during Ramazan
7. Power to enter and arrest
8. Cognizance of offences and procedure
9. Power to make rules
10. Ordinance to override other laws
TEXT
THE EHTRAM-E-RAMAZAN ORDINANCE, 1981
(XXIII of 1981)
[25th June, 1981]
An
Ordinance
to provide for measures observe the sanctity of the month of Ramazan
Preamble.– Whereas, in view of the tenets of Islam, it is necessary to provide for
measures to observe the sanctity of the month of Ramazan;
And whereas the President is satisfied that circumstance exist which render it
necessary to take immediate action;
Now, therefore, in exercise of the powers conferred by Article 89 of the
Constitution, read the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of
1981), the President is pleased to make and promulgate the following Ordinance:–
1. Short title, extent and commencement .– 1) This Ordinance may be called the
Ehtram-e-Ramazan Ordinance, 1981.
(2) It extends to the whole of
1
[the Punjab].
(3) It shall come into force at once.
2. Definition.– In this Ordinance, unless there is anything repugnant in the subject
or context, “public place” include any hotel, restaurant, canteen, house, room, tent,
enclosures, road lane, bridge or other place to which the public have access.
3. Prohibition of eating, etc , in public places.– (1) No person who, according to
the tenets of Islam, is under an obligation to fast shall eat, drink or smoke in a public
place during fasting hours in the month of Ramazan.
(2) Whoever contravenes the provisions of sub -section (1) shall be
punishable with simple imprisonment for a term which may extend to three months, or
with fine which may extend to
2
[five thousand rupees], or with both.
4. Prohibition of serving eatables in certain public places .– No proprietor,
manager, servant, or other person in charge of a hotel, restaurant or canteen, or other
public place, shall knowingly and willfully offers or serve or cause to be offered or
served any eatable during fasting hours in the month of Ramazan to any person who,
according to the tenets of Islam, is under an obligation to fast.
(2) Whoever contravenes the provisions of sub -section (1) shall be
punishable with simple imprisonment for a ten which may extend to three months, or
with fine which may extend to
3
[fifty thousand rupees], or with both.
5. Exemptions.– Nothing contained in section 4 shall apply in respect of --
(a) a canteen or kitchen maintained in a hospital for serving food to patient;
4
[(b) A restaurant, or canteen, stall or wheel -barrow, or the holder of vending
contract, within the premises of a railway sta tion or in a train or a
restaurant or canteen within the premises of an airport, seaport, or bus
stand or in an aircraft;]
1Substituted for the word “Pakistan” by the Punjab Ehtram -E-Ramazan (Amendment) Act 2017 (XXII of 2 017), published in the
Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.2
2Substituted for the word s “five hundred rupees” by the Punjab Ehtram -E-Ramazan (Amendment) Act 2017 (XXII of 2017),
published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.3.
3Substituted for the words “five hundred rupees” by the Punjab Ehtram -E-Ramazan (Amendment) Act 2017 (XXII of 2017),
published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.4.
4Clause (b) Subs. by the Ehtram-e-Ramzan (Amendment), XXIX of 1981.
(c) A kitchen or dining-car of a train; or
(d) a kitchen or canteen meant for children within the premises of a primary
school.
6. Cinema-houses, theatres , etc., to remain closed during Ramazan .– (1) All
cinema-houses, theatres and similar other establishments or institutions shall remain
closed during the month of Ramazan from the time of sunset to the expiration of three
hours thereafter.
(2) If the proprietor, manager, servant or other person in cha rge of a cinema -
house, theatre or similar other establishment or institution contravenes the provisions of
sub section (1), h e shall be punishable with imprisonment for a term which may extend
to six months, or with fine which may extend to
5
[fifty thousand rupees] or with both.
7. Power to enter and arrest .–
6
[(1) A Magistrate or an Assistant Commissioner,
who has reason to believe that any offence punishable under this Ordinance has been
committed by any person, may enter the public place and arrest such person.]
(2) Where the Magistrate arresting any person under sub-section. (1) is for
the time being empowered to try in a summary way the offences specified in sub -
section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), such
Magistrate may try such person at the place where lie is arrested in accordance with the
provisions contained in sections 262 to 265 of the said Code.
8. Cognizance of offences and procedure .– (1) Save as provided in sub section
(2) of section 7 no court shall take cognizance of any offence punishable under this
Ordinance except on a complaint in writing made by a person authorized to arrest under
sub section (1) of that section or by the officer in charge of the police station in whose
jurisdiction the offence is alleged to have been committed.
(2) Any Magistrate empowered for the time being to try in a summary way the
offences specified in sub section (1) of section 260 of the Code of Criminal Procedure,
1898 (Act V of 1898) may try any offence punishable under the Ordinance in
accordance with the provisions contained in sections 262 to 265 of the said Code.
(3) The officer in charge of the police station to which a person arrested is
forwarded under sub section (3) of section 7 shall make a complain to a Magistrate
within twenty four hours to the time on which such p erson is brought to the police
station.
(4) The trial of an offence punishable under this Ordinance shall be taken up
on a priority basis and shall be co ncluded as expeditiously as may be administratively
possible.
9. Power to make rules .– (1) The
7
[Provincial Government ] may make rules for
carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing
provisions such rules may provide that in a canteen restaurant or dining car referred to
in clause ( 1), (b), (c) or (d) of section 5 eatables or articles of smoking shall only be
served at a place protected form public view by means of a curtain or otherwise and
specify the classes of persons who may be admitted to any such canteen, restaurant, or
dining car during fasting hours in the month of Ramazan.
(3) A person contravening any rule made under sub section (1) shall be
deemed to be guilty of an offence punishable under section 4 and shall be punishable
accordingly.
10. Ordinance to override other laws.– The provisions of this Ordinance shall have
effect notwithstanding anything contained in any other law for the time being in force.
5Substituted for the words “five thousand rupees” by the Punjab Ehtram -E-Ramazan (Amendment) Act 2017 (XXII of 2017),
published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.5.
6Substituted by the Punjab Ehtram -E-Ramazan (Amendment) Act 2017 (XXII of 2017), published in the Punjab Gazette
(Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.6.
7Substituted for the words “ Federal Government ” by the Punjab Eht ram-E-Ramazan (Amendment) Act 2017 (XXII of 2017),
published in the Punjab Gazette (Extraordinary), dated: 08 November 2017, pp 3145 - 3146, s.7.This law in the library
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onment for a ten which may extend to three months, or with fine which may extend to 3 [fifty thousand rupees], or with both. 5. Exemptions.– Nothing contained in section 4 shall apply in respect of -- (a) a canteen or kitchen maintained in a hospital for serving food to patient; 4 [(b) A restaurant, or canteen, stall or wheel -barrow, or the holder of vending contract, within the premises of
Section 7
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dance with the provisions contained in sections 262 to 265 of the said Code. 8. Cognizance of offences and procedure .– (1) Save as provided in sub section (2) of section 7 no court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by a person authorized to arrest under sub section (1) of that section or by the officer in charge of the pol
Section 7
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s contained in sections 262 to 265 of the said Code. (3) The officer in charge of the police station to which a person arrested is forwarded under sub section (3) of section 7 shall make a complain to a Magistrate within twenty four hours to the time on which such p erson is brought to the police station. (4) The trial of an offence punishable under this Ordinance shall be taken up on a priori
Section 5
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judice to the generality of the foregoing provisions such rules may provide that in a canteen restaurant or dining car referred to in clause ( 1), (b), (c) or (d) of section 5 eatables or articles of smoking shall only be served at a place protected form public view by means of a curtain or otherwise and specify the classes of persons who may be admitted to any such canteen, restaurant, or dining
Section 4
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ring fasting hours in the month of Ramazan. (3) A person contravening any rule made under sub section (1) shall be deemed to be guilty of an offence punishable under section 4 and shall be punishable accordingly. 10. Ordinance to override other laws.– The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.
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Section 260 of Code of Criminal Procedure (CrPC), 1898 (Under Review)
Cited by EHTRAM-E-RAMAZAN ORDINANCE, 1981
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ere the Magistrate arresting any person under sub-section. (1) is for the time being empowered to try in a summary way the offences specified in sub - section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), such Magistrate may try such person at the place where lie is arrested in accordance with the provisions contained in sections 262 to 265 of the said Code. 8. Cognizance of offences and procedure .– (1) Sa
Section 260 of Code of Criminal Procedure (CrPC), 1898 (Under Review)
Cited by EHTRAM-E-RAMAZAN ORDINANCE, 1981
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n the offence is alleged to have been committed. (2) Any Magistrate empowered for the time being to try in a summary way the offences specified in sub section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898) may try any offence punishable under the Ordinance in accordance with the provisions contained in sections 262 to 265 of the said Code. (3) The officer in charge of the police station to which a person arreste
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