Updated: Saturday May 31, 2014/AsSabt
Sha'ban 02, 1435/Sanivara
Jyaistha 10, 1936, at 08:28:52 AM
[1]The
(Ordinance LIX of 2001)
[26 December 2001]
An Ordinance for the prohibition of [2][kite flying].
Whereas it is expedient to provide for the prevention of [3][kite
flying] in order to save human life, public and private properties and matters
connected therewith and incidental thereto;
And whereas
the Provincial Assembly of the
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, in 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 [4][* * *]
Kite Flying [5][*
* *] Ordinance, 2001.
(2) It extends to
the whole of the
(3) It shall come
into force at once.
[6][2. Definitions.– In this Ordinance,---
(a) “district”
shall have the same meaning as are assigned to it under section 2(x) of the
Punjab Local Government Ordinance, 2001 (XIII of 2001);
(b) “Government”
means the Government of the
(c) “kite flying”
means the flying of a kite at any place with metallic wire, nylon cord (tandi)
or any other thread coated with sharp maanjha or any other material which
endangers or is likely to endanger human life or property;
(d) “place” means a
street, road, thoroughfare, park, garden, play ground, graveyard, hotel,
restaurant, motel, mess, club, house, building, tent, vessel, any roof and open
space;
(e) “prescribed” means prescribed by rules made under section 8-A; and
(f) “sharp
maanjha” means a mixture of chemicals and grinded glass or any other injurious
and dangerous material, coated on thread for the purpose of kite flying.]
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).
[7][4. Offence
and punishment.– (1) No person shall,---
(a) commit or
abet an act of kite flying;
(b) manufacture,
sell or offer for sale a kite: and
(c) manufacture,
store, sell or offer for sale metallic wire, nylon cord (tandi), any other
thread coated with sharp maanjha or any other injurious material for the
purpose of kite flying.
(2) The Nazim of
the concerned district may, through a notification issued with the prior
approval of the Government, allow kite flying and sale of kites for a period
not exceeding fifteen days during the spring season in a year:---
Provided that
manufacturing of kites and permissible kite flying material may be allowed for
such period as the Government may specify by a general or special order.
Explanation.– Nothing in this sub-section shall be construed
to allow, flying of a kite with metallic wire, nylon cord (tandi) or a thread
coated with sharp maanjha, manufacturing or sale of any such injurious material
for the purpose of kite flying.
(3) Subject to sub-section (2), a person, who contravenes the provision
of sub-section (1), shall be liable to imprisonment for a term not exceeding
three years or to fine not exceeding one hundred thousand rupees or to
both.]
[8][4-A. Registration.– (1)
Every manufacturer, trader or seller of kites or kite flying material shall get
himself registered with the concerned City District Government or the District
Government in the manner as may be prescribed.
(2) A person, who
contravenes the provision of sub-section (1), shall be liable to imprisonment
for a term not exceeding six months or to fine not exceeding one hundred
thousand rupees or to both.]
[9][4-B. Permission
for kite flying.– (1) Subject to section 4, an owner or possessor of a
place shall obtain prior permission of the Union Nazim of the area to use the
place for kite flying and intimate the Station House Officer of the area of such
permission.
(2) A person, who
contravenes the provision of sub-section (1), shall be liable to imprisonment
for a term not exceeding six months or to fine not exceeding one hundred
thousand rupees or to both.]
[10][4-C. Kite
flying association.– (1) A District Government may establish a kite flying
association in the manner as may be prescribed.
(2) The kite
flying association shall perform the prescribed functions in the prescribed
manner.]
5. Power of entry, search, seizure and arrest
without warrant.– A Police Officer [11][,]
not below the rank of Sub Inspector upon information or from his personal
knowledge and after such inquiry as he thinks necessary [12][,]
[13][*
* *] may,---
(a) arrest
without warrant any person committing [14][or
suspected to have committed] an offence under section 4 [15][or
section 4-A];
(b) enter and
search such place at any time with such assistance as he may require and using
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 [16][under
this Ordinance]:---
[17][*
* * *]
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 in so far 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.
[18][8-A. Rules.–
(1) The Government may make rules to carry out the purposes of the Ordinance.
(2) A person, who
contravenes a provision of the rules, shall be liable to imprisonment for a
term not exceeding six months or to fine not exceeding one hundred thousand
rupees or both.]
[1] Promulgated by the Governor
of the
[2] Substituted for the words “dangerous kite flying activities” by the Punjab Prohibition of Kite Flying (Amendment) Act 2009 (XIV of 2009). This Act was originally promulgated as Ordinance XX of 2007; was given permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as Act XIV of 2009.
[3] Ibid.
[4] The word “Dangerous” omitted ibid.
[5] The word “Activities” omitted ibid.
[6] Substituted ibid.
[7] Substituted by the
[8] Inserted
by the
[9] Ibid
[10] Ibid.
[11] Ibid.
[12] Ibid.
[13] The words “and has reason to believe that any place is being used for kite flying” omitted ibid.
[14] Inserted ibid.
[15] Ibid.
[16] Substituted for the words “of kite flying” by the Punjab Prohibition of Kite Flying (Amendment) Act 2009 (XIV of 2009). This Act was originally promulgated as Ordinance XX of 2007; was given permanent life by PCO I of 2007; however, consequent upon the judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was enacted as Act XIV of 2009.
[17] Proviso omitted ibid.
[18] Inserted ibid.
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