Updated: Thursday February 19, 2015/AlKhamis
Jamada El Oula 01, 1436/Bruhaspathivara
Magha 30, 1936, at 08:10:47 PM
The
(II OF 2015)
[8th January, 2015]
AN
ORDINANCE
to provide for sharing of information of
tenants and other temporary residents.
Whereas it is expedient to obtain
information about tenants and other temporary residents; to develop a database
of such persons; to effectively combat terrorism and other crimes; to use such
information for investigation and prosecution of certain offences; and, to
provide for ancillary matters;
And whereas Provincial Assembly of the
Punjab is not in session and Governor of the
Now therefore, in exercise of the powers
conferred under clause (1) of Article 128 of the Constitution of the Islamic
Republic of Pakistan, Governor of the Punjab is pleased to make and promulgate
the following Ordinance:---
1. Short title, extent and commencement.– (1) This Ordinance may be cited as the
Punjab Information of Temporary Residents Ordinance 2015.
(2) It extends to whole of the
(3) It shall come into force at once.
2. Definitions.– In this Ordinance:---
(a) “Code” means the Code of Criminal
Procedure, 1898 (V of 1898);
(b) “Government” means Government of the
(c) “guest” means a person who is in
possession or enjoyment of lodging, or board and lodging at a hotel or a hostel
except an employee of the hotel or hostel;
(d) “hostel” means a premises where
residential accommodation is offered for rent or any other consideration but
shall not include a rented premises or a hotel or a hostel exclusively managed
and controlled by an organization or institution and which is being exclusively
used for the residence of the enrolled students or staff of such organization
or institution;
(e) “hotel” means a premises meant for
lodging, or board and lodging offered to guests for monetary consideration or
otherwise and includes a guest house, resort, motel, inn or sarai but shall not
include a rented premises or a hostel;
(f) “landlord” means the owner of the
premises let out for residential purpose or which may be used as a temporary
place of abode and includes a lessor or a person who is entitled or authorized
to receive rent, lease amount, charges or any other monetary consideration;
(g) “manager” means a person who is employed
or authorized by the owner or landlord for the management of a hotel or a
hostel;
(h) “police” means the police constituted
under the Police Order, 2002 (C.E.Order No. 22 of 2002);
(i) “prescribed” means prescribed by the
rules made under the Ordinance;
(j) “property dealer” means the property
dealer who deals in the rented premises or hostels for monetary consideration;
(k) “rented premises” means a building or
part of a building which is let out for residential purpose or which may be
used as a temporary place of abode but shall not include a hotel or a hostel;
and
(l) “tenant” means the occupant of a rented
premises and includes a lessee or a sub-tenant.
3. Information to police.– (1) Subject to subsection (3), the
property dealer, landlord and tenant shall, within forty eight hours from the
time of delivery of possession of the rented premises to the tenant, provide
information about the tenant in the prescribed manner to the police through the
fastest means of communication.
(2) The owner or manager shall, within three
hours from the time of arrival or check in of a guest, provide information
about the guest in the prescribed manner to the police through the fastest
means of communication.
(3) If one of the persons mentioned in
subsection (1) or subsection (2) provides the requisite information, the other
concurrently responsible persons shall not be liable for non-provision of the
information to the police.
4. Guests other than students and staff.– (1) A person, not being student or staff
of an organization or institution, shall not stay at a hostel exclusively
managed and controlled by the organization or institution without prior
permission in writing of the manager.
(2) The manager shall, within three hours
from the time he receives information about stay of a person mentioned in
subsection (1), provide information in the prescribed manner about the
particulars of the person to the police through the fastest means of
communication.
5. Identification of tenants and guests.– (1) The landlord, manager or property
dealer shall not allow any tenant or guest to stay at the rented premises, hostel
or hotel unless he is satisfied about the identification of the tenant or the guest
on the basis the computerized national identity card or passport of such tenant
or guest.
(2) The landlord, manager or property dealer
shall obtain a copy of the computerized national identity card or passport of
the tenant or the guest and shall provide such copy to the police at the
earliest.
6. Use of information.– (1) The police shall maintain a database
of all the tenants and guests by categorizing them in the prescribed manner.
(2) The police shall conduct analysis of the
data for prevention, detection and investigation of offences.
(3) The information received under this
Ordinance shall not be used for any purpose other than prevention, detection,
investigation and prosecution of offences of terrorism and other offences under
the Pakistan Penal Code, 1860 (XLV of 1860).
7. Inspection and interviews.– (1) A police officer not below the rank
of Sub-Inspector may, subject to a reasonable notice and for purposes of this
Ordinance:---
(a) inspect a rented premises, hostel or
hotel; and
(b) obtain necessary information from the
relevant documents and persons including landlord, tenant, manager, guest or
property dealer.
(2) The police shall ensure compliance of
this Ordinance through spot inspections and local verifications.
8. Firearms and explosives.– (1) The landlord, manager and the
property dealer shall ensure that the tenant or guest is not carrying or in
possession of a firearm or any explosives other than a licensed weapon.
(2) The owner or manager of a hostel or
hotel shall keep an entry of any licensed weapon being carried by a guest and
provide such information to the police in the prescribed manner.
9. Change of timelines.– The Government may, by notification in
the official Gazette, extend the timelines provided for provision of
information to the police under this Ordinance for any category of persons,
rented premises, hostels or hotels.
10. Assistance to police.– A police officer not below the rank of
Deputy Superintendent of Police may call for the information about the
ownership or title of a rented premises or a hostel from any relevant office,
body or authority maintaining record of rights, transfer deeds or other title
documents.
11. Penalties.– If a person knowingly contravenes the
provision of section 3, 4, 5 or 8 or fails to allow access to premises or
provide information to the police under section 7 or section 10, he shall be
liable to punishment of imprisonment which may extend to six months and fine
which shall not be less than ten thousand rupees or more than one hundred
thousand rupees.
12. Cognizance and summary trial.– (1) An offence under this Ordinance shall
be cognizable and non-bailable.
(2) A Magistrate of the first class shall
conduct the trial of an offence under this Ordinance in accordance with the
provisions of Chapter XXII of the Code relating to the summary trials.
13. Compounding of offence.– (1) Subject to subsection (2), the
Government or an officer of the Government specifically authorized in this
behalf may, at any stage, compound an offence under this Ordinance subject to
the deposit of administrative penalty which shall not be less than ten thousand
rupees.
(2) The offence under this Ordinance shall
not be compoundable if the accused had been previously convicted under the
Ordinance or his previous offence had been compounded by the Government or the
officer authorized by the Government.
14. In addition to other laws.– The provision of this Ordinance shall be
in addition to and not in derogation of any other law.
15. Power to make rules.– The Government may, by notification in
the official Gazette, make rules for carrying out the purposes of this
Ordinance.
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