Updated: Wednesday November 20, 2013/AlArbia'a
Muharram 17, 1435/Budhavara
Karthika 29, 1935, at 06:05:10 PM
[1][1]The [2][2][
(W.P. Ordinance XXXI of
1960)
[2 December 1960]
An
Ordinance to amend and consolidate the law relating to preventive detention and
control of persons and publications connected with the maintenance of public
order in [3][3][the
Preamble.— [4][4][WHEREAS it is expedient to amend and
consolidate the law providing for preventive detention and control of persons
and publications for reasons connected with public safety, public interest and
the maintenance of public order in the Province of [5][5][the Punjab];]
Now,
THEREFORE, in pursuance of the Presidential proclamation of the seventh day of
October, 1958, and having received the previous instructions of the President,
the Governor of West Pakistan is pleased, in exercise of all powers enabling
him in that behalf, to make and promulgate the following Ordinance:-
1. Short title and extent.— (1) This Ordinance may be called the [6][6][
(2) It extends to the whole of the province
of [7][7][the
2. 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) “Code” means the Code of Criminal Procedure,
1898[10][10]; and
(b) “Government” means the [11][11][Provincial Government of Punjab.]
3. Power
to arrest and detain suspected persons.— (1) Government, if satisfied that with a view to
preventing any person from acting in any manner prejudicial to public safety or
the maintenance of public order, it is necessary so to do, may, by an order in
writing, direct the arrest and detention in such custody as may be prescribed
under sub-section (7), of such person for such period as may, subject to the
other provisions of this section, be specified in the order, and Government, if
satisfied that for the aforesaid reasons it is necessary so to do, may, [12][12][* * *] extend from time to time the period of
such detention, [13][13][for a period not exceeding six months at a time.]
[14][14][Explanation
I]— For the purposes of this section—
(i) ‘dealing in the black-market’ or ‘hoarding’ as
defined in the Hoarding and Black Market Act, 1948[15][15]; or
(ii) an act of smuggling
punishable under the Sea Customs Act, 1878[16][16], or the Land Customs Act, 1924[17][17], or under any other law for the time being
in force; [18][18][or]
[19][19][(iii) an act which is an offence under the Drugs Act,
1976 (XXXI of 1976);]
shall be deemed to be an
act prejudicial to the maintenance of public order.
[20][20][Explanation
II— Whoever is or was a member of an association or its Executive
Committee, which association is or has been declared to be unlawful under any
law for the time being in force in the province, at any time during the period
of seven days immediately before it was so declared to be unlawful, or remains
or becomes a member of such an association or is on the Executive Committee
thereof after it has been so declared to be unlawful shall be deemed to be
acting in a manner prejudicial to be public order for the purposes of this
section.]
(2) If a District Magistrate or any other
servant of Government authorised in this behalf by a general or special order
of Government has reason to believe that any person within his territorial
jurisdiction has acted, is acting or is about to act in a manner prejudicial to
public safety or the maintenance of public order, he shall forthwith refer the
matter to Government for orders.
(3) (a) An
order of arrest under sub-section (1) may be addressed to a police officer or
any other person and such officer or person shall have the power to arrest the
person mentioned in the order and in doing so he may use such force as may be
necessary. The police officer or the other person, as the case may be, shall
commit the arrested person to such custody as may be prescribed under
sub-section (7).
(b) A police officer not below the rank of
Sub-Inspector, if satisfied on receipt of credible information that a person
against whom an order of arrest or of arrest and detention has been made under
this section is present within such officer’s jurisdiction, may arrest him
without a warrant in the same manner as he would have done if such order of
arrest had been addressed to him [21][21][,] [22][22][and thereupon commit the arrested person to such
custody as may be prescribed under sub-section (7), or if he receives any
requisition in this behalf from the police officer or other person to whom the
warrant of arrest for the person arrested is addressed, make over the custody
of the arrested person to such police officer or other person.]
(4) On receipt of a reference under
sub-section (2), Government may,—
(a) reject the reference; or
(b) make an order of arrest and detention in terms
of sub-section (1).
[23][23][(5) Government
shall constitute a Board consisting of a Judge of the [24][24][High Court of the Punjab] who shall be
nominated by the Chief Justice of that Court, and a senior officer in the
Service of Pakistan, who shall be nominated by the [25][25][Governor of the Punjab.]
(5-a) No
person shall be detained for a period exceeding three months unless the Board
has reported, before the expiration of the said period of three months, that
there is, in its opinion, sufficient cause for such detention.
(5-b) Where
a person is to be detained for a period exceeding three months, Government
shall, before the expiration of the said period of three months, refer his case
to the Board.
(5-c) A person whose case has been referred to the
Board under the provisions of sub-section (5-b), shall not be entitled to appear by any legal practitioner in
any matter connected with the case referred to the Board.
(5-d) The
Board shall, after considering the material placed before it and the representation,
if any, made by the person whose case has been referred to it, hearing such
person, if he so desires, and calling for such further information as it may
require from Government or may be placed before it by the person detained,
submit its report before the expiration of the period of three months specified
in sub-section (5-b), to Government
whether in its opinion there is sufficient cause of the detention of such
person.
(5-e) The
proceedings and the report of the Board excepting that part of the report in
which the opinion of the Board is specified, shall be confidential.
(5-f) If
in any case the Board reports that there is, in its opinion, no sufficient
cause for the detention of the person whose case has been referred to it, for a
period exceeding three months, Government shall rescind the detention order and
direct such person to be released on the expiry of the said period of three
months. In case the Board reports that there is in its opinion, sufficient
cause for the detention of such person, Government may, subject to the
provisions of sub-section (1), continue to detain him for such period as it may
deem fit.]
(6) Where a
detention order has been made under this section the authority making the order
shall, as soon as may be [26][26][* * *] communicate to such person the grounds on
which the order has been made, inform him that he is at liberty to make a
representation to Government against the order and afford him the earliest
opportunity of doing so:
Provided
that the authority making any such orders may refuse to disclose facts which
such authority considers it to be against public interest to disclose.
[27][27][(6-a) Where a representation is made to
Government under sub-section (6), Government may, on consideration of the
representation and giving the person detained an opportunity of being heard,
modify, confirm or rescind the order.]
(7) So long
as there is in force in respect of any person an order under this section
directing that he be detained, he shall be liable to be detained in such
custody and under such conditions as to maintenance, discipline and punishment
for offences and breaches of discipline as Government may from time to time
prescribe by general or special order.
(8) If Government or a District Magistrate
has reason to believe that a person in respect of whom an order of arrest and
detention has been passed under this section has absconded or is concealing
himself so that such order cannot be executed, Government or the District
Magistrate, as the case may be, may,—
(a) forward a copy of the
order, with a declaration that such person cannot be found, to a magistrate of
the first class having jurisdiction in the place where the said person
ordinarily resides and thereupon the provisions of sections 87, 88 and 89 of
the Code shall apply in respect of the said person and his property as if the
order directing that he be arrested and detained were a warrant issued by the
magistrate;
(b) by
order notified in the official Gazette direct the said person to appear before
such officer at such place and within such period as may be specified in the
order and if the said person fails to comply with such direction he shall,
unless he proves that it was not possible for him to comply therewith and that
he had within the period specified in the order, informed the officer concerned
of the reasons which rendered compliance therewith impossible and of his
whereabouts or taken all possible steps to give such information, be punishable
with imprisonment for a term which may extend to three years or with fine, or
with both.
(9) Government may at any time, subject to
such conditions as it may think fit to impose, release a person detained under
this section and may require him to enter into a bond, with or without
sureties, for the due observance of the conditions.
(10) The District
Magistrate or any servant of Government referred to in sub-section (2), may
summon and interrogate or cause the summoning and interrogation of any person,
including a person arrested or detained under this section, if in his opinion
such interrogation is likely to lead to the discovery of information which may
enable the more effective exercise of powers under this Ordinance, whether in
respect of the person interrogated or any other person, and the person interrogated
under this sub-section shall be bound to answer truthfully all questions
pertaining to the subject of the enquiry.
4. Powers of
photographing, etc. of suspected persons.— (1) Government or other authority making an
arrest or directing the arrest of a person under section 3 may by order direct
that the arrested person shall—
(a) let himself be photographed;
(b) allow his finger and thumb-impressions to be
taken; and
(c) furnish specimens of his handwriting and
signature.
(2) If any person contravenes any order made
under this section, he shall be punished with imprisonment for a term which may
extend to six months or with fine or with both.
5. Power to control suspected persons.— (1) Government or the District Magistrate,
if satisfied with respect to any particular person that with a view to
preventing him from acting in any manner prejudicial to public safety [28][28][or public interest] or the maintenance of
public order, it is necessary so to do, may by order in writing, give any one
or more of the following directions, namely, that such person—
(a) shall not enter, reside or remain in any area
that may be specified in the order;
(b) shall reside or remain in any area that may be
specified in the order;
(c) shall remove himself from, and shall not return
to, any area that may be specified in the order;
[29][29][(d) shall conduct himself in such manner or
abstain from such acts, as may be specified in the order;] and
(e) shall enter into a bond, with or without
sureties for the due observance of the directions specified in the order.
(2) An order under sub-section (1) made by
the District Magistrate shall not, unless Government by special order otherwise
directs, remain in force for more than three months from the making thereof.
(3) Government may at any time cancel or
vary any order made by the District Magistrate under sub-section (1).
(4) An order
under clause (a) of sub-section (1)
made by Government may specify as the area to which the order relates, the
whole province or any part thereof, and an order made by the District
Magistrate may specify as such area the whole district or any part thereof:
Provided
that no such order made by Government shall direct the exclusion or removal
from the province of any person ordinarily resident in the province and no such
order made by the District Magistrate shall direct the exclusion or removal
from the district of any person ordinarily resident in that district.
(5) Where an
order has been made under sub-section (1), the authority making the order
shall, as soon as may be [30][30][* * *] communicate to such person the grounds on
which the order has been made, inform him that he is at liberty to make a
representation to Government against the order and afford him the earliest
opportunity of doing so:
Provided
that the authority making any such order may refuse to disclose facts which
such authority considers it to be against public interest to disclose.
[31][31][5-a) Where a representation is made to
Government against an order passed under sub-section (1), Government may, on
consideration of the representation and after giving the person affected an
opportunity of being heard, modify, confirm or rescind the order.
(5-b) No
order under clause (b) of sub-section
(1) shall have effect for a period exceeding three months unless the Board
constituted under sub-section (5) of section 3 has reported, before the
expiration of the said period, that there is, in its opinion, sufficient cause
for the making of such order; and the provisions of sub-sections (5-b), (5-c), (5-d), (5-e) and (5-f) of section 3 shall, mutatis
mutandis, apply to the reference made to the Board in regard to any such
order.]
(6) An order made under sub-section (1)
shall remain in force for such period not exceeding two years as may be
specified in the order.
6. Power to control publications.— (1) Government or any authority authorised
by it in this behalf, if satisfied that such action is necessary for the
purpose of preventing or combating any activity prejudicial to the maintenance
of public order, may, by order in writing addressed to a printer, publisher or
editor—
(a) prohibit the printing or publication in any
document or class of documents of any matter relating to a particular subject
or class of subjects for a specified period, or in a particular issue or issues
of a newspaper or periodical;
(b) require that any matter be published in any
particular issue or issues of a newspaper or periodical, and may while doing so
specify the period during which and the manner in which such publication shall
take place;
(c) require that any matter relating to a
particular subject or class of subjects shall before publication be submitted
for scrutiny;
(d) prohibit for a specified
period the publication of any newspaper, periodical, leaflet, or other publication,
or the use of any press;
(e) require that the name and
address of any person concerned in the supply or communication of any news,
report or information be furnished to such authority as may be specified in the
order;
(f) require that any document connected with the
news, report or information referred to in clause (e) be delivered to such authority as may be specified in the order:
Provided
that when an order is made under clause (a),
(c) or (d),—
(i) no such order shall remain in force for more
than two months from the making thereof;
(ii) [32][32][* * * * *
* * * * * * *]
(2) Where an order has been made under
sub-section (1), the authority making the order shall, as soon as may be,
communicate to such person, the grounds on which the order has been made,
inform him that he is at liberty to make a representation against the order to
Government and afford him the earliest opportunity of doing so:
Provided
that the authority making any such order may refuse to disclose facts which
such authority considers it to be against public interest to disclose.
[33][33][(2-a) Where a representation is made to
Government against an order passed under sub-section (1), Government may on
consideration of the representation and giving the person affected an opportunity
of being heard, modify, confirm or rescind the order.]
(3) In the event of disobedience of an order
under this section Government or the authority issuing the order may, without
prejudice to any other penalty to which the person guilty of the disobedience
is liable, order the seizure of all copies of any publication concerned and of
any printing press or other instrument or apparatus used in the production of
the publication [34][34][:]
[35][35][Provided that no such order of seizure shall
be passed without giving the printer, publisher or editor affected an
opportunity of showing cause against the proposed order.]
7. Power to prohibit entry into West
Pakistan of newspapers, etc.—
(1) Government or any authority authorised by it in this behalf, if satisfied
that such action is necessary for the purpose of preventing or combating any
activity prejudicial to the maintenance of public order, may, by notification,
prohibit for a specified period the bringing into West Pakistan or any part
thereof of any newspaper, periodical, leaflet or other publication:
Provided
that no such order shall remain in force for more than two months from the
making thereof:
Provided
further that the person against whom an order has been made may within ten days
of the passing of the order make a representation to Government or the
authority aforesaid which may on consideration thereof modify, confirm or
rescind the order.
(2) In the event of disobedience of an order
under this section, Government or the authority issuing the order may, without
prejudice to any other penalty to which the person guilty of the disobedience
is liable, order the seizure of all copies of any newspaper, periodical,
leaflet or other publication concerned [36][36][:]
[37][37][Provided that no such order of seizure shall
be passed without giving the person affected an opportunity of showing cause
against the order.]
8. Power to secure report of public
meetings.— (1) The District
Magistrate may, by order in writing depute one or more police officers not
below the rank of head constable, or other persons to attend any public meeting
for the purpose of causing a report to be made of the proceedings.
(2) Any such order shall operate as a
direction to the persons responsible for the convening or the conduct of the meeting
to admit free or charge the persons so deputed.
Explanation— For the purpose of this section a public
meeting is any meeting which is open to the public or to any class or portion
of the public, and a meeting may be a public meeting notwithstanding that it is
held in a private place and notwithstanding that admission thereto is
restricted by ticket or otherwise.
9. Service of orders in writing.— (1) Where under the provisions of this
Ordinance any power is to be exercised or any order or direction given by order
in writing, then that order in writing—
(a) if it is an order addressed to any servant of
Government or authorising any servant of Government to take any action, shall
be given in original or by a copy to the servant of Government concerned and
shall be his authority for the doing of all things which he is required or
enabled to do under the order;
(b) if it is an order made in respect of or
addressed to any person not being a servant of Pakistan, may be served in
original or by a copy of the order on the person in respect of whom it is made
or to whom it is addressed in the manner provided in the Code for the service
of a summons;
(c) if it is an order
addressed to the public generally, may be served by publication in such manner
as the authority making the order considers best adapted for informing the
persons concerned.
(2) Any
person on whom an order is served as provided in clause (b) or clause (c) of
sub-section (1) shall be deemed to have had notice of such order, and where the
person to be served is a corporation, company, bank or association of persons
the order may be served on any secretary, director or other officer or person
concerned with the management thereof, or by leaving it at, or sending it
addressed to the corporation, company, bank or association by post to, its
registered office, or where there is no registered office, at or to the place
where it carries on business.
(3) Where a provision of this Ordinance
empowers an authority, officer or person to take action by notified order, the
provisions of sub-sections (1) and (2) shall not apply in relation to such
order, and all persons whom the order concerns shall, upon its notification, be
deemed to have been duly informed of it.
10. Power to issue search warrants.— The power to issue search warrants conferred
by section 98 of the Code shall be deemed to include the power to issue
warrants for—
(a) the
search of any place in which any magistrate mentioned in that section has
reason to believe that any offence under this Ordinance or any act prejudicial
to public safety or the maintenance of public order has been, is being or is
about to be committed, or that preparation for the commission of any such
offence or act is being made;
(b) the seizure in or on any place searched under
clause (a) of anything which the
officer executing the warrant has reason to believe is being used or is
intended to be used for any purpose mentioned in that clause;
and the provisions of the Code shall, so far
as may be, apply to searches, made under the authority of any warrant issued
and to the disposal of any property seized under this section.
11. General power
of search.— Any authority on which any power is conferred by or under this
ordinance may by general or special order authorise any person to enter and
search any place the search of which such authority has reason to believe to be
necessary for the purpose of—
(a) ascertaining whether it is necessary or
expedient to exercise such power; or
(b) ascertaining whether any order given, direction
made, or condition prescribed in the exercise of such power has been duly
complied with; or
(c) generally giving effect to such power or
securing compliance with or giving effect to any order given, direction made or
conditions prescribed in the exercise of such power.
12. Power to give
effect to orders, etc.— (1) Any authority, officer or person who is empowered by
or in pursuance of this Ordinance to make any order, or to exercise any other
power may, in addition to any other action prescribed by or under this
Ordinance, take, or cause to be taken, such steps and use, or cause to be used,
such force as may, in the opinion of such authority, officer or person, be
reasonably necessary for securing compliance with, or for preventing or
rectifying any contravention of, such order, or for the effective exercise of
such power.
(2) Where in
respect of any of the provisions of this Ordinance there is no authority,
officer or person empowered, to take action prescribed by or under this
Ordinance, Government may take or cause to be taken such steps and use, or
cause to be used, such force as may in the opinion of Government be reasonably
necessary for securing compliance with or for preventing or rectifying any
breach of such provision.
(3) The power
to take steps under sub-section (1) or sub-section (2) includes the power to
enter upon any land or other property whatsoever.
13. Penalty.— Whoever contravenes any
provision of this Ordinance or disobeys or neglects to comply with any order
made or direction given in accordance with its provisions shall, where no
express provision is made by this Ordinance for the punishment of such
contravention, disobedience, or negligence, be punished with imprisonment which
may extend to three years, or with fine, or with both.
14. Abetment of offences.— Whoever abets the commission of an offence
punishable under this ordinance shall, whether the act abetted is or is not
committed in consequence of the abetment, be punished with the punishment
provided for the offence.
15. Offence
committed by corporation or association.— Where the person committing an offence punishable
under this ordinance is a corporation, company, bank or association of persons,
any secretary, director or other officer or person concerned with the
management thereof shall be punished with the punishment provided for the
offence unless he proves that the offence was committed without his knowledge
or consent.
16. Dissemination of rumours, etc.— Whoever—
(a) makes any speech, or
(b) by
words whether spoken or written or by signs or by visible or audible
representations or otherwise publishes any statement, rumour or report,
shall be punished with
imprisonment which may extend to three years, or with fine, or with both if
such speech, statement, rumour, or report—
(i) causes or is likely to
cause fear or alarm to the public or to any section of the public;
(ii) furthers or is likely to
further any activity prejudicial to public safety or the maintenance of public
order.
17. Possession or conveyance of prescribed or
prohibited documents.— (1)
Whoever, without lawful authority—
(a) has in his possession, or on premises in his
occupation or under his control, or
(b) carries for delivery to another person
otherwise than through the post,
any document in respect
of which a notification under section 7 is in force, or of which the
importation has been prohibited under the Sea Customs Act, 1878[38][38], or in respect of which an order of forfeiture
has been made under any law for the time being in force or any document prejudicial
to public safety or the maintenance of public order shall, unless he proves
that he was unaware of the nature of the document, be punished with
imprisonment which may extend to one year, or with fine, or with both.
(2) Whoever
allows his name or address to be used to facilitate transmission through the
post or otherwise to any person other than the person for whom it purports to
be intended of any document of the nature referred to in sub-section (1) shall
be punished with imprisonment which may extend to one year, or with fine, or
with both.
18. Wearing or
display of uniforms or emblems.— Whoever makes or has in his possession or wears,
carries or displays any uniform, flag, banner or emblem signifying, or which
has been declared by Government by notification to signify association with a
movement prejudicial to public safety or the maintenance of public order or
with the promotion of any activity prejudicial to public safety or the
maintenance of public order shall be punished with imprisonment which may
extend to one year, or with fine, or with both, and any such uniform, flag,
banner or emblem wherever found shall be forfeited to Government.
19. Tampering
with public servants.— Whoever induces or attempts to induce any public servant
or any servant of local authority to disregard or fail in his duties as such
servant shall be punished with imprisonment which may extend to one year, or
with fine, or with both.
20. Sabotage.— (1) No person shall do any act with intent to impair the efficiency or
impede the working of or to cause damage to,—
(a) any building, vehicle,
machinery, apparatus or other property used, or intended to be used, for the
purposes of Government or any local authority;
(b) any
railway (as defined in the Railways Act, 1890), tramway, road, canal, bridge,
culvert, causeway, aerodrome or any telegraph, telegraph line or post (as defined in
the Telegraph Act, 1885);
(c) any rolling-stock of a railway or tramway, or
any aircraft;
(d) any
building or other property used in connection with the production, distribution
or supply of any essential commodity, any sewage works, mine or factory.
(2) The
provisions of sub-section (1) shall apply in relation to any omission on the
part of a person to do anything which he is under a duty, either to Government
or to any public authority or to any person, to do, as they apply to the doing
of any act by a person.
(3) If any
person approaches or is in the neighbourhood of any such building, place or
property as is mentioned in sub-section (1) in circumstances which afford
reason to believe that he intends to contravene that sub-section, he shall be
deemed to have attempted a contravention thereof.
(4) If any
person contravenes or attempts to contravene any of the provisions of this
section, he shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
[39][39][20-A. Representation against certain orders.— (1) Where a
representation is received under sub-section (5) of section 5 against an order
under clause (a), clause (c), clause (d),
or clause (e) of sub-section (1) of
section 5, Government shall, if the order represented against is not rescinded
or cancelled and the order is to have effect for a period exceeding three
months, forward the case, including the representation, to the Board
constituted under sub-section (5) of section 3.
(2) Where
a representation is made to Government under the provisions of sub-section (3)
of section 6 or sub-section (2) of section 7, Government shall, as soon as may
be, forward the case, including the representation, to the Board constituted
under sub-section (5) of section 3.
(3) The Board
shall, after considering the representation and such further information or
material as may be placed before it by Government or the person making the
representation, and giving such person an opportunity of being heard, submit
its report together with its recommendations to Government.
(4) If the
Board reports that the order against which the representation is made is
unjustified, the Government shall vacate the order.]
21. Procedure for trial of offences.— (1) In any area the Government may by
notification direct that all the offences under this Ordinance, shall,
notwithstanding anything in the code, be tried in accordance with the procedure
prescribed for the trial of summons cases by Chapter XX of the Code, subject in
the case of summary trials to the provisions of section 263 to 265 of the Code.
(2) The
provisions of sub-section (1) shall apply to the trial of offences mentioned
therein committed before the notification aforesaid.
22. Offence under
Ordinance to be cognizable and nonbailable.— Notwithstanding anything contained in the Code
every offence punishable under this ordinance shall be cognizable and
non-bailable.
23. Jurisdiction barred.— Except as provided in this Ordinance no
proceeding or order taken or made under this Ordinance shall be called in
question in any court and no civil or criminal proceeding shall be instituted
against any person for anything in good faith done or intended to be done under
this Ordinance.
24. Effect of
orders, etc., inconsistent with other enactments.— Any order made, and any
other action taken, under this Ordinance shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than this
Ordinance or in any instrument having effect by virtue of any enactment other
than this Ordinance.
25. Operation of other penal laws not barred.— Nothing contained in this Ordinance shall be
deemed to prevent any person from being prosecuted under any other law for any
act or omission which constitutes an offence punishable under this Ordinance.
26. Delegation of
power to Deputy Commissioners.—
Government may, by order in writing, direct that the power under sub-section
(1) of section 3 shall, subject to such restrictions as may be specified, be
exercisable by any District Magistrate within his jurisdiction.
27. Power to make rules.— Government may make rules[40][40] not inconsistent with the provisions of this
Ordinance, to carry into effect the purpose thereof.
28. Repeal and savings.— (1) (a)
Sections 3, 4, 6, 7, 12, 17, 21, 22, 28, 29 and 30 of the Baluchistan Public
Safety Regulation, 1947, and sections 3, 4, 6, 7, 12, 17, 21, 22, 28, 29 and 30
of the Baluchistan States Union Public Safety Regulation are hereby repealed.
(b) The
following Acts are hereby repealed:-
(i) the
(ii) the
North-West Frontier Province Public Safety Act, 1948[41][41],
(iii) the
Punjab Public Safety Act, 1949[42][42], [43][43][*]
(iv) the
Khairpur Public Order and Detention Act, 1954[44][44]; [45][45][and]
[46][46][(v) the Sind State Prisoners Regulation, 1827[47][47].]
(2) All
such orders (whether notified or not) made and directions issued under the
enactments repealed under sub-section (1) as were in force immediately before
the commencement of this Ordinance shall, so far as they are not inconsistent
with the provisions of this Ordinance, continue in force and shall be deemed to
have been made and issued under this Ordinance.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 1st December, 1960; published
in the West Pakistan Gazette (Extraordinary), dated 2nd Dec., 1960, pages
4531-4544; saved and given permanent effect by Article 225 of the Constitution
of the Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Substituted by the
[5][5]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[6][6]Ibid.
[7][7]Ibid.
[8][8]The; words “the Federal
Capital and” deleted by the West Pakistan Maintenance of Public Order
(Amendment) Ordinance, 1962 (XXX of 1962).
[9][9]Substituted, for “Special
Areas” by
[10][10]V of 1898.
[11][11]Substituted, for “Government
of West Pakistan”, by the
[12][12]The comma and words, “subject
to the other provisions of this section,” deleted by the West Pakistan
Maintenance of Public Order (Amendment) Ordinance, 1964 (XVIII of 1964).
[13][13]Added ibid.
[14][14]The original explanation
renumbered as “I” and “Explanation II” added by the West Pakistan Maintenance
of Public Order (Amendment) Act, 1964 (V of 1964).
[15][15]XXIX of 1948.
[16][16]VIII of 1878.
[17][17]XIX of 1924.
[18][18]Added by the
[19][19]Ibid.
[20][20]The original explanation
renumbered as “I” and “Explanation II” added by the West Pakistan Maintenance
of Public Order (Amendment) Act, 1964 (V of 1964).
[21][21]Substituted, for the
full-stop, by the West Pakistan Maintenance of Public Order (Amendment) Ordinance,
1964 (XVIII of 1964).
[22][22]Added ibid.
[23][23]Substituted by the
[24][24]Substituted, for “High Court
of West Pakistan”, by the
[25][25]Substituted, ibid., for “Governor of West Pakistan”.
[26][26]The
words and comma, “but not later than fifteen days from the date of detention”
deleted by the West Pakistan Maintenance of Public Order (Amendment)
Ordinance), 1964 (XVIII of 1964).
[27][27]Inserted ibid.
[28][28]Inserted by the
[29][29]Substituted ibid.
[30][30]The words and comma, “but not
later than fifteen days from the date of service of the order”, deleted by the
West Pakistan Maintenance of Public Order (Amendment) Ordinance, 1964 (XVIII of
1964).
[31][31]Inserted ibid.
[32][32]Deleted by the
[33][33]Inserted ibid.
[34][34]The full-stop replaced by
colon, by the West Pakistan Maintenance of Public Order (Amendment) Ordinance,
1964 (XVIII of 1964).
[35][35]Added ibid.
[36][36]Substituted, ibid., for the full-stop.
[37][37]Added ibid.
[38][38]VIII of 1878.
[39][39]Inserted by the
[40][40]For the West Pakistan Public
Order Detinue Rules, 1962, see Gazette
of West Pakistan, 1962, Pt. I, pp.389-391; and ibid. Extraordinary, p.3527.
[41][41]N.W.F.P. III of 1948.
[42][42]Pb. XVIII of 1949.
[43][43]The word “and” deleted by the
West Pakistan Maintenance of Public Order (Amendment) Ordinance, 1963 (IX of
1963).
[44][44]Khairpur XI of 1954.
[45][45]Added by the
[46][46]Ibid.
[47][47]
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