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THE
(W.P. Ordinance XXXI of 1960)
C O N T E N T S
Sections
1. Short title and extent.
2. Definitions.
3. Power to arrest and detain suspected persons.
4. Powers of photographing, etc. of suspected persons.
5. Power to control suspected persons.
6. Power to control publications.
7. Power
to prohibit entry into
8. Power to secure report of public meetings.
9. Service of orders in writing.
10. Power to issue search warrants.
11. General power of search.
12. Power to give effect to orders, etc.
13. Penalty.
14. Abetment of offences.
15. Offence committed by corporation or association.
16. Dissemination of rumours, etc.
17. Possession or conveyance of prescribed or prohibited documents.
18. Wearing or display of uniforms or emblems.
19. Tampering with public servants.
20. Sabotage.
20-A. Representation against certain orders.
21. Procedure for trial of offences.
22. Offence under Ordinance to be cognizable and nonbailable.
23. Jurisdiction barred.
24. Effect of orders, etc., inconsistent with other enactments.
25. Operation of other penal laws not barred.
26. Delegation of power to Deputy Commissioners.
27. Power to make rules.
28. Repeal and savings.
[1]THE [2][
(W.P. Ordinance XXXI of
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][the
Preamble.— [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][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][Punjab] Maintenance of Public Order Ordinance, 1960.
(2) It extends to the whole of the province of [7][the Punjab] except [8][* * *] [9][the Tribal Areas].
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]; and
(b) “Government” means the [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][* * *] extend from time to time the period of
such detention,
[13][for a period not exceeding six months at a time.]
[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]; or
(ii) an act of smuggling punishable under the Sea Customs Act, 1878[16], or the Land Customs Act, 1924[17], or under any other law for the time being in force; [18][or]
[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][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][,]
[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][(5) Government shall constitute a Board consisting of a Judge of the [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][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][* * *] 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][(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][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][(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][* * *] 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][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][* * * * * * * * * * * *]
(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][(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][:]
[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][:]
[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], 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][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] 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
Bahawalpur State Public Security Act, 1944,
(ii) the North-West Frontier
Province Public Safety Act, 1948[41],
(iii) the Punjab Public Safety
Act, 1949[42],
[43][*]
(iv) the Khairpur Public Order
and Detention Act, 1954[44];
[45][and]
[46][(v) the Sind State Prisoners Regulation, 1827[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]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]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[3]Ibid.
[4]Substituted by the West
Pakistan Maintenance of Public Order (Amendment) Ordinance, 1964 (XVIII of
1964).
[5]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[6]Ibid.
[7]Ibid.
[8]The; words “the Federal
Capital and” deleted by the West Pakistan Maintenance of Public Order
(Amendment) Ordinance, 1962 (XXX of
1962).
[9]Substituted, for “Special
Areas” by West Pakistan Laws (Adaptation) Order, 1964.
[10]V of 1898.
[11]Substituted, for “Government
of West Pakistan”, by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974).
[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]Added ibid.
[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]XXIX of 1948.
[16]VIII of 1878.
[17]XIX of 1924.
[18]Added by the Punjab
Maintenance of Public Order (Amendment) Act, 1998 (I of 1999).
[19]Ibid.
[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]Substituted, for the
full-stop, by the West Pakistan Maintenance of Public Order (Amendment)
Ordinance, 1964 (XVIII of 1964).
[22]Added ibid.
[23]Substituted by the West
Pakistan Maintenance of Public Order (Amendment) Ordinance, 1964 (XVIII of
1964).
[24]Substituted, for “High Court
of West Pakistan”, by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974).
[25]Substituted, ibid., for “Governor of West Pakistan”.
[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]Inserted ibid.
[28]Inserted by the West Pakistan
Maintenance of Public Order (Amendment) Ordinance, 1964 (XVIII of 1964).
[29]Substituted ibid.
[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]Inserted ibid.
[32]Deleted by the West Pakistan
Maintenance of Public Order (Amendment) Ordinance, 1964 (XVIII of 1964).
[33]Inserted ibid.
[34]The full-stop replaced by
colon, by the West Pakistan Maintenance of Public Order (Amendment) Ordinance,
1964 (XVIII of 1964).
[35]Added ibid.
[36]Substituted, ibid., for the full-stop.
[37]Added ibid.
[38]VIII of 1878.
[39]Inserted by the West Pakistan
Maintenance of Public Order (Amendment) Ordinance, 1964 (XVIII of 1964).
[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]N.W.F.P. III of 1948.
[42]Pb. XVIII of 1949.
[43]The word “and” deleted by the
West Pakistan Maintenance of Public Order (Amendment) Ordinance, 1963 (IX of
1963).
[44]Khairpur XI of 1954.
[45]Added by the West Pakistan
Maintenance of Public Order (Amendment) Ordinance, 1963 (IX of 1963).
[46]Ibid.
[47]Sind Regulation XXV of 1827.
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