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The Punjab Prohibition of Dangerous Kite Flying Activities’ Ordinance, 2001

[26th December, 2001]

 

An Ordinance for the prohibition, of dangerous kite flying activities

 

No. Legis.13-7-99, dated 26-12-2001.---The following Ordinance promulgated by the Governor of the Punjab is hereby published for general information:---

 

Whereas it is expedient to provide for the prevention of dangerous kite flying activities in order to save human life, public and private properties and matters connected therewith and incidental thereto;

 

And whereas the Provincial Assembly of the Punjab is dissolved and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;

 

And whereas under Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, as amended by the Chief Executive Order No.11 of 2000, the Governor of a Province may issue and promulgate an Ordinance:---

 

Now, therefore; an exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:---

 

1. Short title, extent and commencement.---(1) This Ordinance may be called the Punjab Prohibition of Dangerous Kite Flying Activities Ordinance, 2001.

 

(2) It extends to the whole of the Punjab.

 

(3) It shall come into force at once.

 

2. Definitions.---In this Ordinance, unless the subject or context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say,---

 

(a) “dangerous kite flying activities” mean the flying of kites with metallic wire and nylon cord (tandi); and

 

(b) “place” means a street, road, thoroughfare, park, garden, playground, graveyard, hotel, restaurant, motel, mess, club, house, building, tent, vessel, any roof and open space.

 

3. Cognizable and non-bailable offence.----Notwithstanding anything contained in any other law for the time being in force, an offence under this Ordinance shall be cognizable and non-bailable and would be tried summarily under Chapter XXII of the Code of Criminal Procedure, 1898 (Act V of 1898).

 

4. Punishment.---Whoever commits or abets an offence of dangerous kite flying activities at any place shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to Rs.15,000 or with both.

 

5. Power of entry, search, seizure and arrest without warrant.---A Police Officer not below the rank of SubInspector upon information or from his personal knowledge and after such inquiry as he thinks necessary and has reason to believe that any place is being used for dangerous kite flying activities, may,---

 

(a) arrest without warrant any person committing an offence under section 4;

 

(b) enter and search such place at any time with such assistance as he may require and use such force as may be necessary; and

 

(c) seize and take possession of any article reasonably suspected to have been used or intended to be used for the purpose of committing an offence of dangerous kite flying activities:---

 

Provided that the Police Officer shall exercise powers under this section if he is accompanied by the Union Nazim of the Union in which the place is situated and a Government functionary not below the rank of Grade17 Officer both duly authorized through a special or general order by the Zila Nazim or Provincial Government, and if the place is in actual occupancy of, a woman, a lady Councilor of the respective area or a female Officer, duly authorized as above, shall also be accompanied.

 

6. Mode of making searches and arrests.---The provisions of the Code of Criminal Procedure, 1898, except those of section 103, shall mutatis mutandis apply to all searches and arrests insofar as they are not inconsistent with the provisions of section 5.

7. Appeal.---An appeal against the order of a Magistrate shall lie to the Court of Sessions whose decision thereon shall be final.

 

8. Ordinance to override other laws etc.---This Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

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