( II of 1961)
[7th
January 1961]
An
Ordinance
to amend and consolidate
the law relating to the suppression of prostitution in the province of [3][the Punjab]
Preamble.— WHEREAS it is expedient to amend and consolidate the law relating
to the suppression of prostitution in the province of [4][ 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 5[Punjab]
Suppression of Prostitution Ordinance, 1961.
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—
[7][(a) “brothel” means any house, part of a
house, room or place in which a prostitute resides or carries on prostitution
or any place or institution where facilities are known to be available for
prostitution;]
(b)
“place of public amusement” shall mean any place,
enclosure, building, tent, booth or other erection, whether permanent or
temporary, where music, singing, dancing, or any diversion or game or the means
of carrying on the same, is provided, and to which the public are admitted
either on payment of money or with the intention that money may be collected
from those admitted, and shall include a race-course, circus, theatre, music
hall, billiard-room, bagatelle-room, gymnasium or fencing school;
(c)
“place of public entertainment” shall mean any place,
whether enclosed or open, to which the public are admitted and where any kind
of food or drink is supplied for consumption on the premises for the profit or
gain of any person owning or having an interest in or managing such place, and
shall include a refreshment-room, eatinghouse, coffee-house, liquor-house,
boarding-house, lodging-house, hotel, serai
or travern, or wine, beer, spirit, arrack,
toddy, bhang or opium shop;
(d)
“prostitution” means promiscuous sexual intercourse for
hire, whether in money or kind;
(e)
“prostitute” means any female available or known to be
available for purposes of prostitution;
(f)
“public place” includes site of any hut, bazar, mela, exhibition, any river
bank, dock, jetty or warehouse to which the public have access, every public
building, garden or monument and the precincts thereof, every place of public
amusement or entertainment, and every place accessible to the public for
drawing water, washing or bathing or for purposes of recreation.
3.
Punishment
for keeping a brothel or allowing any place to be used as a brothel.— (1)
Whoever—
(a)
keeps or manages or acts or knowingly finances or takes
part in the financing of, or assists in, the management of a brothel, or
(b)
being a tenant, lessee, occupier or person in charge of
any premises, knowingly permits such premises or any part thereof to be used as
a brothel, or
(c)
being a lessor or landlord of any premises, or the
agent of such lessor or landlord, lets the same or any part thereof with the
knowledge that it is intended to be used as a brothel,
shall be punished with imprisonment
of either description for a term which may extend to
(2)
Where, in any prosecution of a tenant, lessee, occupier
or person in charge of any premises under this section, it is found that such
premises or any part thereof have been used as a brothel, it shall be presumed,
unless the contrary is proved, that he knowingly permitted such use.
4.
Punishment
for soliciting.— Whoever in any street or public place or place of public
resort or within sight of and in such manner as to be seen or heard from any
street or public place, whether from within any house or building or not,—
(a)
by words, gestures, wilful and indecent exposure of her
person or otherwise attracts or endeavours to attract attention for the purpose
of prostitution, or
(b)
solicits or molests any person or loiters for the
purpose of prostitution, shall for a first offence be punished with
imprisonment which may extend to six months, or with fine which may extend to
two hundred rupees, or with both, and for a subsequent offence with
imprisonment which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.
5.
Punishment
for permitting prostitution in places of public amusement.— Whoever being
the keeper of any place of public amusement or entertainment, knowingly permits
prostitutes, for the purposes of their trade, to enter or remain in such place,
shall be punished with fine which may extend to five hundred rupees.
6.
Punishment
for living on earnings of prostitution.— (1) Whoever being above the age of
eighteen years,—
(a)
knowingly lives, wholly or in part, on the earnings of
another’s prostitution, or
(b)
exploits the prostitution of another person, whether
with or without that person’s consent,
shall be punished with imprisonment of either description
for a term which may extend to two years [10][and]
with fine which may extend to one thousand rupees, [11][* * *] and
if the person convicted is a male he may be punished with whipping in lieu of
or in addition to any other punishment provided in this sub-section.
Presumption.— (2) Where any person is
proved to be living with, or to be habitually in the company of, a prostitute
or is proved to have directed or exercised control or influence over the
movements of a prostitute in such a manner as to show that he is aiding,
abetting, compelling or exploiting her prostitution with any other person or
generally, or to be keeping or managing or assisting in the management of a
brothel, it shall be presumed, until the contrary is proved, that he is
knowingly living on the earnings of prostitution.
7.
Punishment
for causing, encouraging or abetting prostitution of a girl under sixteen. —
If any person having custody, charge or care of any girl under the age of
sixteen years, causes or encourages or abets the seduction or prostitution of
that girl, he shall be punished with rigorous imprisonment for a term which may
extend to three years, [12][and]
with fine which may extend to one thousand rupees, 14[
* * *] and if the person convicted is a male, shall also be liable to whipping.
8.
Punishment
for procuration.— Whoever procures or entices or leads away or attempts to
procure, entice or lead away any woman or girl for the purposes of
prostitution, whether with or without her consent, or who with intent that she
may for the purposes of prostitution become the inmate of or frequent a
brothel, persuades a woman or girl to leave her usual place of abode, shall be
punished with imprisonment of either description for a term which may extend to
three years, [13][and] with
fine which may extend to one thousand rupees, [14][*
* *] and if the person convicted is a male, he may be punished with whipping in
lieu of or in addition to any other punishment provided in this section.
9.
Punishment
for importing any woman or girl for prostitution.— Whoever brings or
attempts to bring into the province any woman or girl with a view to her
becoming a prostitute, shall be punished with imprisonment of either
description for a term which may extend to three years, [15][and] with
fine which may extend to one thousand rupees, [16][*
* *] and if the person convicted is a male, he may be punished with whipping in
lieu of or in addition to any other punishment provided in this section.
10.
Punishment
for keeping any woman or girl for prostitution.— (1) Whoever—
(a)
keeps any woman or girl in a brothel, or
(b)
detains any woman or girl, against her will, in any
place with intent that she may have sexual intercourse with any man other than
her lawful husband,
shall be
punished with rigorous imprisonment for a term which may extend to three years,
[17][and] with
fine which may extend to one thousand rupees, [18][*
* *] and if the person convicted is a male, shall also be liable to whipping.
(2)
Presumption.—
A person shall be presumed to detain a woman or girl in any place for the
purpose referred to in clause (b) of
sub-section (1), if such person, with intent to compel or induce her to remain
there,—
(a)
withholds from her any jewellery, clothing or other
property belonging to her, or
(b)
threatens her with legal proceedings if she takes away
with her any jewellery or clothing lent or supplied to her by or under the
direction of such person.
(3)
Bar of certain
legal proceedings.— No legal proceedings, whether civil or criminal, shall
be taken against any such woman or girl for taking away or being found in
possession of any such clothing as was necessary to enable her to leave such
premises or brothel.
11.
Subsequent
offence under section 3.— (1) Whoever having been convicted of an offence
punishable under section 3, is convicted of a subsequent offence punishable
under the same section, may, in addition to the punishment provided under that
section, be required by the Court to execute a bond, with sureties, for his
good behaviour for such period, not exceeding three years, as the Court may
direct, and in default of executing such bond, may be imprisoned for a period
not exceeding six months in addition to any punishment awarded in respect of
his offence.
(2)
The provisions of Chapters VIII and XLII of the Code of
Criminal Procedure, 189821, shall apply to
orders made for the execution of bonds under this section.
12.
Determination
of tenancy of premises on conviction for permitting use as a brothel or for
purposes of habitual prostitution.— (1) On conviction of any tenant, lessee
or occupier of an offence under sub-section (1) of section 3, the Court shall
give notice thereof in writing to the landlord or lessor of such person, who
shall then be entitled to require the person so convicted to assign the lease
or other contract, under which the said premises are held by him, to some
person approved by the landlord or lessor which approval shall not be
unreasonably withheld, and in the event of the person so convicted failing
within three months to assign the lease or contract, as aforesaid, the landlord
or lessor shall, notwithstanding any law, contract, decree or order of a Court
to the contrary, be entitled to determine the lease or other contract, but
without prejudice to the rights or remedies of any party to such lease or
contract accruing before the date of such determination.
(2)
If the landlord or lessor determines a lease or
contract of tenancy under the provisions of sub-section (1), the Court which
has convicted the tenant, lessee or occupier may make an order for delivery of
possession to the landlord or lessor within such time not being less than seven
days as the Court may direct; and the order shall be served on the person
against whom it is made in the manner provided in the Code of Criminal
Procedure, 1898[19], for the
service of summons.
(3)
Whoever fails to comply with an order under the last
preceding sub-section shall be punished with imprisonment of either description
which may extend to one month, or with fine which may extend to two hundred
rupees, or with both.
(4)
If the landlord or lessor, after he has received notice
in writing of such conviction, fails to exercise his rights under sub-section
(1), and subsequently during the subsistence of the lease or contract any such
offence is again committed in respect of the premises, the landlord or lessor
shall be deemed to have abetted that offence, unless he proves that he had
taken all reasonable steps to prevent the recurrence of the offence.
(5)
Where a landlord or lessor determines a lease or other
contract under this section, and subsequently grants another lease or enters
into another contract of tenancy to, with, or for the benefit of the same
person, without causing to be inserted in such lease or contract all reasonable
provisions for the prevention of a recurrence of any such offence, he shall be
deemed to have failed to exercise his rights under the provisions of this
section, and any such offence committed during the subsistence of the
subsequent lease or contract shall be deemed, for the purpose of this section,
to have been committed during the subsistence of the previous lease or
contract.
[20][13.Power to arrest without warrant.—
If a complaint is made to any gazetted police officer about the commission of
any offence punishable under section 3, 4, 5, 6, 7, 8, 9 or 10 or if any such
offence is committed in the view of any police officer not below the rank of
the Superintendent of Police, such officer may arrest, without warrant, any
person accused of the commission of such offence.]
14.
Power to
enter without warrant and removal of minor girls.— The Superintendent of
Police, or any gazetted police officer specially authorised
in writing in this behalf by the District Magistrate, may enter any place and
remove to the prescribed place any girl who appears to be under the age of
eighteen years, if he has reason to believe—
(a)
that an offence punishable under section 3 has been or
is being committed in respect of the place; or
(b)
that a woman or girl in respect of whom an offence
under this Ordinance has been committed, is to be found therein.
15.
Offences
triable by certain magistrates only.— No offence under this Ordinance shall
be tried summarily, or by a magistrate below the rank of a magistrate of the
first class.
16.
Power to
make rules.— The Provincial Government may make rules for carrying into effect
the provisions of this Ordinance.
17.
Repeal and
savings.— (1) The following enactments are hereby repealed:-
(ii)
the Punjab Suppression of Immoral Traffic Act, 1935[22], as
applicable to the former State of Bahawalpur;
(iii)
the North-West Frontier Province Anti-Prostitution and
Suppression of Brothels Act, 1937[23];
[24][*]
[27][(v)The Bombay Prevention of Prostitution
Act, 1923, as applicable to Karachi
District.]
(2)
Notwithstanding the repeal of the enactments mentioned in sub-section (1),
everything done, action taken, obligation, liability, penalty or punishment
incurred, inquiry or proceeding commenced, officer appointed or person
authorised, jurisdiction or power conferred, rule made and order issued under
any of the provisions of the said enactments shall, if not inconsistent with
the provisions of this Ordinance, be continued and, so far as may be, be deemed
to have been respectively done, taken, incurred, commenced, appointed,
authorised, conferred, made or issued under this Ordinance.
[1]
This Ordinance was promulgated by the Governor of West Pakistan on 29th Sep.,
1960; published in the West Pakistan Gazette (Extraordinary), dated 7th Jan.,
1961, pages 75-82; 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”.
[5]
Substituted by the West Pakistan Suppression of Prostitution (Amendment)
Ordinance, 1963 (XXXVI of 1963).
[6]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”.
[7]
Substituted by the West Pakistan Suppression of Prostitution (Amendment) Act,
1968 (II of 1968).
[8]
Substituted by the West Pakistan Suppression of Prostitution (Amendment) Act,
1968 (II of 1968), for the word “or”.
[9]
The words “or with both”, deleted ibid.
[10]
Substituted by the West Pakistan Suppression of Prostitution (Amendment) Act,
1968 (II of 1968), for the word “or”.
[11]
The words “or with both”, deleted ibid.
[13]
Substituted ibid., for the word “or”
[14]
The words “or with both”, deleted ibid.
[15]
Substituted by the West Pakistan Suppression of Prostitution (Amendment) Act,
1968 (II of 1968), for the word “or”.
[16]
The words “or with both”, deleted ibid.
[17]
Substituted ibid., for the word “or”.
[19]
Ibid.
[20]
Substituted by the West Pakistan Suppression of Prostitution (Amendment) Act,
1968 (II of 1968).
[21]
Pb. IV of 1935.
[22]
Ibid.
[23]
N.W.F.P. III of 1937.
[24]
The word “and” deleted by the West Pakistan Suppression of Prostitution
(Amendment) Ordinance, 1963 (XXXVI of 1963).
[25]
Sind XX 1951.
[26]
Substituted by the West Pakistan Suppression of Prostitution (Amendment)
Ordinance, 1963 (XXXVI of 1963), for the full-stop 30Added ibid.
[27]
Ibid.
No comments:
Post a Comment