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THE
(Pb.
Ord. LIX of 2001)
C
O N T E N T S
Sections
1. Short title,
extent and commencement.
2. Definitions.
3. Cognizable and non-bailable
offence.
4. Punishment.
5. Power of entry, search, seizure and arrest without
warrant.
6. Mode of making searches and arrests.
7. Appeal.
8. Ordinance to override other laws, etc.
[1]THE
[
An Ordinance for the prohibition of dangerous
kite flying activities
Whereas it is expedient to provide for the
prevention of dangerous kite flying activities 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 Dangerous Kite Flying Activities Ordinance, 2001.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions.— In this Ordinance, unless the subject or context otherwise requires,
the following expressions shall have the meanings hereby respectively
assigned
to them, that is to say-
(a) “dangerous kite flying activities” mean the flying of kites with
metallic wire and nylon cord (tandi); and
(b) “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.
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).
4. Punishment.—
Whoever commits or abets
an offence of dangerous kite flying activities at any place shall be punished
with imprisonment of either
description for a term which may extend to three
months or with fine which may extend to Rs.15000/- or with both.
5. Power of entry, search,
seizure and arrest without warrant.— A Police
Officer not below the rank of Sub Inspector upon information or from his
personal knowledge and after such inquiry as
he thinks necessary and has reason
to believe that any place is being used for dangerous kite flying activities,
may—
(a) arrest without warrant any person committing an offence under
section 4;
(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
of dangerous kite flying activities:
Provided
that the Police Officer shall exercise powers under this section if he is
accompanied by a Union Nazim of the Union in which
the place is situated and a Government functionary not below the rank of
Grade-17 Officer, both duly authorized
through a special or general order by
the Zila Nazim or
Provincial Government, and if the place is in actual occupancy of a woman, a
lady Councillor of the respective area or a female
Officer, duly authorized as above, shall also be accompanied.
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.
[1]Promulgated
by the Governor of the
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URL: http://www.commonlii.org/pk/legis/pj/consol_act/ppodkfao2001585