Updated: Monday April 06, 2015/AlEthnien
Jamada El Thaniah 17, 1436/Somavara
Chaitra 16, 1937, at 03:46:09 PM
The Punjab Sound Systems
(Regulation) Ordinance, 2015
(V OF 2015)
[9th January, 2015]
AN
ORDINANCE
to regulate and control use of sound systems
in the
Whereas it is expedient for purposes of
preventing public nuisance and the voicing of utterances of a controversial
nature likely to cause public disorder; to regulate, control and prohibit the
use of certain sound systems in the Province in the interest of environment,
public order, decency and the prevention of incitement to terrorism or the
commission of any offence, and to deal with 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
(2) It shall extend to the 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) “place of worship” means a mosque,
imambargah, church, temple or any other place of worship of any sect or
religion;
(d) “prescribed” means prescribed by the
rules made under the Ordinance;
(e) "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 or section of public have access with or
without invitation;
(f) “sound system” means a loudspeaker,
sound amplifier or such other equipment as may be prescribed; and
(g) “vicinity” means an area or place within
ten yards of the place where the sound system is placed.
3. Prohibition on the use of sound system.– (1) Subject to this Ordinance, it shall
be unlawful for any person to use, or assist in using, permit or allow use of a
sound system which generates any loud, unnecessary or unusual noise or any
noise which annoys, disturbs, injures, or endangers the comfort, repose,
health, peace, or safety of persons in or beyond the vicinity.
(2) Notwithstanding anything contained in
this Ordinance or any other law, a person shall not use a sound system which
contravenes the prescribed specifications.
(3) The Government shall, by notification,
determine the specification of a sound system.
4. Regulation of sound system.– (1) Subject to subsection (2), a person
shall not operate or use or cause to be operated or used a sound system:---
(a) in a public place, in a manner so as to
cause or to be likely to cause annoyance or injury to persons in the vicinity;
or
(b) in any place in the vicinity of,---
(i) a place of worship during prayer times;
(ii) a hospital providing facilities for
indoor patients at any time of 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 the establishment is likely to
be disturbed by the use of the sound system;
(iv) a house or any other place used for
human dwelling at any time as may be prescribed; or
(c) in a place of worship in a manner or at
a volume whereby any sound from the sound system could be heard beyond ten
yards outside the boundaries of the 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 may be heard outside or
beyond the immediate limits or precincts of such place.
(2) Subject to subsection (2) of section 3,
a person may use:---
(a) one external sound system at a place of
worship for the purpose of Azan, Arabic Khutba delivered on a Friday or on Eid,
announcement of death of a person, lost or found a thing or a person; or
(b) external sound system at a public place
and during reasonable hours with the prior permission of the Government or an
officer authorized by the Government and the use of such sound system is in
accord with the conditions mentioned in such permission.
5. Inspections.– The police officer incharge of the local
area police station shall, at such regular intervals as may be prescribed,
inspect or cause to be inspected sound systems of every place of worship to
ensure compliance with the provisions of this Ordinance and shall maintain
record of all such inspections in the prescribed manner.
6. Punishment.– If a person contravenes any provision of
section 3 or 4, he shall be liable to punishment of imprisonment which may
extend to six months and fine which shall not be less than twenty five thousand
rupees but shall not exceed one hundred thousand rupees.
7. Power of seizure.– (1) A police officer not below the rank
of Assistant Sub-Inspector may seize any sound system used or reasonably
suspected to have been used in the commission of an offence under this
Ordinance.
(2) Any sound system seized under this
section shall, as soon as may be, be produced before the Court having jurisdiction
to try an offence under this Ordinance.
8. 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.
9. 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 twenty five 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.
10. 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.
11. Power to make rules.– The Government may, by notification in
the official Gazette, make rules for carrying out the purposes of this
Ordinance.
12. Repeal and savings.–(1) The Punjab Regulation of Loudspeakers
and Sound Amplifiers Ordinance, 1965 (II of 1965) is hereby repealed.
(2) Notwithstanding the repeal of the Punjab
Regulation of Loudspeakers and Sound Amplifiers Ordinance, 1965 (II of 1965),
anything done or action taken under the repealed Ordinance, shall have the
effect as if the thing is done or action taken under this Ordinance.
The Punjab Sound Systems
(Regulation) Rules, 2015
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