[1][1]THE [2][2][PUNJAB ] REGULATION AND CONTROL OF
LOUDSPEAKERS AND SOUND AMPLIFIERS ORDINANCE, 1965
(West Pakistan Ordinance II
of 1965)
[2 March 1965 ]
An
Ordinance to regulate and control the use of loudspeakers and sound amplifiers
in the Province of [3][3][the Punjab ]
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][Punjab ]
Regulation and Control of Loudspeakers and Sound Amplifiers Ordinance, 1965.
(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 one month, or with fine, which may
extend to two hundred 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[7][7], 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[8][8], is hereby repealed.
[9][1]This Ordinance was
promulgated by the Governor of West Pakistan on 2nd March, 1965 ; approved by the Provincial
Assembly of West Pakistan on 14th
June, 1965 , under clause (3) of Article 79 of the Constitution of
the Islamic Republic of Pakistan (1962); and, published in the West Pakistan
Gazette (Extraordinary), dated 14th
June, 1965 , pages 2799-2801.
[10][2]Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of
1974), for "West Pakistan ".
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 2nd March, 1965; approved by
the Provincial Assembly of West Pakistan on 14th June, 1965, under clause (3)
of Article 79 of the Constitution of the Islamic Republic of Pakistan (1962);
and, published in the West Pakistan Gazette (Extraordinary), dated 14th June,
1965, pages 2799-2801.
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for "West
Pakistan".
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