Updated: Thursday September 12, 2013/AlKhamis
Thoul Ki'dah 08, 1434/Bruhaspathivara
Bhadra 21, 1935, at 08:39:54 PM
[1][1]The [2][2][Punjab] Regulation and Control of Loudspeakers and Sound Amplifiers
Ordinance, 1965
(West Pakistan Ordinance II of 1965)
[
An
Ordinance to regulate and control the use of loudspeakers and sound amplifiers
in the Province of [3][3][the
Preamble.– WHEREAS it is expedient, for the purposes of
preventing public nuisance and the voicing of utterances of a controversial
nature likely to cause public disorder, to regulate, control and prohibit in
the interest of public order, decency and for the prevention of incitement to
the commission of any offence the use of loudspeakers and sound amplifiers in
the Province of [4][4][the Punjab];
AND
WHEREAS the Provincial Assembly of West Pakistan is not in session and the
Governor of West Pakistan is satisfied that circumstances exist which render
immediate legislation necessary;
Now,
THEREFORE, in exercise of the powers conferred on him by clause (1) of Article
79 of the Constitution, the Governor of West Pakistan is pleased to make and
promulgate the following Ordinance:-
1. Short title, extent and commencement.– (1) This Ordinance may be called the [5][5][
(2) It shall extend to the whole of the
province of [6][6][the
(3) It shall come into force at once.
2. Restriction on the use of loudspeakers,
etc.– (1) No person shall
operate or use or cause to be operated or used a loudspeaker or a sound
amplifier:---
(a) in a public place, in a manner so as to cause
or to be likely to cause annoyance or injury to persons residing in any
residential locality; or
(b) in any place in the proximity of,---
(i) a place of worship during
prayer times;
(ii) a hospital providing facilities for indoor
patients at any time of the day or night;
(iii) an educational institution, a court, a
hospital not providing facilities for indoor patients or any other public
institution, office or undertaking during their usual working hours at a volume
or in a manner whereby the working or the use of such place of worship,
hospital, educational institution, court, or other public institution, office
or undertaking is likely to be disturbed by the use or operation of such
loudspeaker or sound amplifier; or
(c) in a mosque, church,
temple or other place of worship in a manner or at a volume whereby any sound
from such loudspeaker or sound amplifier could be heard outside the immediate
precincts of such mosque, church, temple or other place of worship; or
(d) in any public or private place, for the
voicing of any sectarian or other utterances of a controversial nature likely
to lead to public disorder, if such utterances are or can be heard outside or
beyond the immediate limits or precincts of such place.
(2) Nothing
in this section shall be applicable to the use of loudspeakers or sound
amplifiers for the purposes of Azan, prayers, or of Khutba delivered on Fridays
or at the time of Eid prayers in a moderate tone.
Explanation– For the purposes of this section, a “public
place” means a public street, a public thoroughfare, a public park or
playground, or any other place to which the members of the public have access
with or without invitation.
3. Punishment.– Whoever contravenes the provisions of
section 2, shall in addition to any other penalty to which he may be liable
under any other law for the time being in force, be punished with simple
imprisonment for a term which may extend to [7][7][three months], or with fine, which may extend to [8][8][two thousand] rupees, or with both.
4. Power of seizure.– (1) Any police officer not below the rank of
Sub-Inspector may seize and take possession of any loudspeaker or sound
amplifier used or reasonably suspected to have been used in the commission of
an offence under this Ordinance.
(2) Any loudspeaker or sound amplifier
seized or taken possession of under the provisions of this section shall, as
soon as may be, be produced before the Court having jurisdiction to try
offences under this Ordinance.
5. Offences to be cognizable.– Notwithstanding anything to the contrary
contained in the Code of Criminal Procedure, 1898[9][9], or in any other law for the time being in
force, an offence under this Ordinance shall be cognizable within the meaning
of the said Code.
6. Court.– No court inferior to that of a Magistrate of
the First Class shall try any offence punishable under this Ordinance.
7. Confiscation.– A court trying an offence under this
Ordinance may order the confiscation of any loudspeaker or sound amplifier or
apparatus used in the commission of an offence under this Ordinance.
8. Repeal.–
The West Pakistan Regulation of Loudspeakers and Sound Amplifiers Ordinance,
1964[10][10], is hereby repealed.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on
[2][2]Substituted by the
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]Substituted for the words “one month” by the Punjab
Regulation and Control of Loudspeakers and Sound Amplifiers (Amendment) Act
2007 (IX of 2007).
[8][8]Ibid., for the
words “two hundred”.
[9][9]V of 1898.
[10][10]
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