( XX of
1958)
[1st
October, 1958]
An
Ordinance
to amend and
consolidate the law relating to vagrancy in the Province of the 3[Punjab]
Preamble.— Whereas it is expedient to
amend and consolidate the law relating to vagrancy in the Province of the [3][Punjab] in the manner hereinafter appearing;
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 action necessary;
Now, Therefore, in exercise of the
powers conferred by Article 102 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[Punjab] Vagrancy Ordinance, 1958.
(3) It shall
come into force in such area or areas and on such date or dates as Government
may, by notification, direct.
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)
“child” means a person under the age of fourteen years;
(b)
“Controller” means the Controller of Vagrancy, 8[ Punjab];
(d)
“guardian” in relation to a child, includes any person
who in the opinion of the court having cognizance of any case in which a child
is concerned, has for the time being the charge of or control over such child;
(e)
“prescribed” means prescribed by rules made under this
Ordinance;
(f)
“public place” includes any public park, garden,
railway station, ground or vehicle to which the public for the time being have
access, whether on payment or otherwise; (g)
“vagrant” means a person who—
(i)
solicits or receives alms in a public place;
(ii)
exposes or exhibits any sore, wound, injury, deformity
or disease in a public place for the purpose of soliciting or receiving alms;
(iii)
allows himself to be used as an exhibit for the purpose
of soliciting or receiving alms;
(iv)
enters on any private premises without the invitation
of the occupier for the purpose of soliciting or receiving alms;
9
but does not include a person who
solicits or receives money, food or gift for
a purpose authorised by rules under a prescribed certificate;
(h) “welfare home” means an institution
established and maintained by Government for the detention, training, employment
and maintenance of vagrants and their dependents other than those who are
lepers, lunatics or suffering from contagious diseases and includes an
institution notified by Government as such for the purposes of this Ordinance.
3.
Welfare
homes.— (1) Government shall establish and maintain one or more welfare
homes at such place or places as it thinks fit for the custody and detention of
vagrants.
(2)
Government may, by notification, declare any existing
charitable or other institution with previous consent of the controlling
authority of such institution and on such conditions as may be mutually agreed
upon between Government and the said authority, to be a welfare home for the
purposes of this Ordinance.
4.
Manager.—
Every welfare home shall be under the immediate charge of a manager appointed
by Government and such manager shall be assisted by such medical and
educational staff as Government may appoint.
5.
Duties of
the manager.— (1) The manager of a welfare home shall, as soon as may be,
get every vagrant medically examined and the report of the examination shall
state, inter alia— (a) the sex and the age of the vagrant; (b) whether the vagrant is a leper?
(c)
whether he is suffering from any other contagious
disease?
(d)
whether the vagrant is insane, or mentally deficient?
(e)
what is the general state of health and bodily
condition of the vagrant and for which, if any, of the prescribed types of work
such vagrant is fit?
(2)
The manager of a welfare home shall keep the following
classes of vagrants separately from each other—
(a)
children; (b) females;
(c)
lepers or persons suffering from contagious diseases;
(d)
lunatics;
(e)
infirm, old or incapacitated; (f) able bodied:
Provided that
children less than seven years of age or females may be allowed to take up
residence in the same apartment in which any male member of their family is
confined.
(3)
The manager shall arrange—
(a)
for the education of the children detained in the
welfare home;
(b)
for such instruction of the vagrants, as may
rehabilitate them in useful trades and make them self-supporting.
6.
Voluntary
admission to welfare homes.— Any old, infirm or disabled person or a child
may present himself before the [8][District
Officer, Social Welfare], Social Welfare for being admitted to a welfare home
and if the 11[District Officer, Social Welfare],
Social Welfare is satisfied that such person has no source of livelihood, he
may be detained in a welfare home till such time as such person becomes
possessed of means of livelihood or applies for his release from custody.
7.
Powers of
police officer to arrest and search vagrants and seize things liable to
confiscation.— (1) Any police officer may without an order from a
magistrate and without a warrant, arrest and search any person who appears to
him to be a vagrant and may seize anything found on or about such person which
he has reason to believe to be liable to confiscation under this Ordinance.
(2)
A person arrested under the last preceding sub-section,
shall be released if he furnishes bail to the satisfaction of the police
officer making arrest for his appearance before the magistrate having
jurisdiction in the area where the arrest is made.
(3)
If the person arrested is not able to furnish bail to
the satisfaction of the police officer making arrest, such person shall be
detained in custody and shall be produced before the nearest magistrate within
a period of twenty-four hours of such arrest, excluding the time necessary for
the journey from the place of arrest to the Court of the magistrate and no such
person shall be detained in custody beyond the said period without an authority
of the magistrate.
8.
Trial.—
When the person arrested under the last preceding section appears or is brought
before the magistrate, he shall be tried in accordance with the procedure
prescribed for the trial of summons cases under Chapter XX of the Code of
Criminal Procedure, 1898 (V of 1898):
Provided that
whenever any magistrate, after having heard and recorded the whole or any part
of the evidence in a trial, ceases to exercise jurisdiction therein, and is
succeeded by another magistrate, who has and who exercises such jurisdiction,
the magistrate so succeeding may act on the evidence so recorded by his
predecessor or partly recorded by his predecessor and partly recorded by
himself, or he may resummon the witnesses and recommence the enquiry or trial.
9.
Sentence for
vagrancy.— If the magistrate finds that a person is a vagrant, such person
shall be punished with imprisonment of either description for a period not
exceeding three years:
Provided that in
any case in which a person who has not been previously convicted of an offence
under this Ordinance, is convicted of an offence under this Ordinance, the
magistrate may instead of sentencing him to a term of imprisonment, release him
after due admonition on his, or in case such vagrant is a child, on his
guardian entering into a bond with or without sureties to appear and receive
the sentence when called upon during such period (not exceeding three years) as
the magistrate may direct and in the meantime to refrain from conducting
himself as a vagrant.
10.
Punishment
for employing or causing persons to ask for alms.— Whoever employs or
causes any person to solicit or receive alms or uses a person as an exhibit for
the purpose of soliciting or receiving alms or being the guardian of a child
connives at or encourages the employment or the causing of the child to solicit
or receive alms shall be punished with imprisonment of either description for a
term which may extend to one year or with fine or with both.
11.
Presumption.—
If a person has no ostensible source of subsistence and wanders about or
remains in a public place in such condition or manner as raises a reasonable
suspicion that he is there to solicit or receive alms, it shall be presumed,
unless the contrary is proved that such person is a vagrant.
12.
Detention of
dependents.— (1) If any vagrant sentenced under section 9 to a term of
imprisonment has a child below seven years of age or any other person wholly
dependent upon him, the magistrate may, after making such inquiry as he thinks
fit and after giving such person an opportunity of being heard, direct that
such child or person shall be detained in the welfare home so long as the
vagrant remains in custody:
Provided that a
child of the vagrant who is below the age of seven years shall be detained
alongwith the vagrant until he attains the age of seven years.
(2)
Where the dependent is a child above seven years of
age, or when the child detained under the last preceding sub-section, attains
the age of seven years, the magistrate or any other officer empowered by
Government in this behalf may direct that such child be detained in any other
institution approved by Government.
13.
Compulsory
contribution by persons bound to maintain vagrants.— (1) If the magistrate
is satisfied that a vagrant or a person bound to maintain a vagrant has
sufficient means, he shall make an order directing such vagrant or the person
bound to maintain such vagrant, as the case may be, to contribute in the
prescribed manner towards the maintenance of such vagrant in a welfare home:
Provided that no
order under this sub-section shall be made without giving the person from whom
contribution is required the opportunity of being heard.
(2)
If any contribution directed by the magistrate under
the last preceding sub-section remains unpaid, the same may be recovered as
arrears of land revenue.
14.
Place of
detention or imprisonment.— A vagrant arrested under this Ordinance shall
remain in custody, or, if convicted serve his term of imprisonment in the
prescribed manner, as the case may be, in the nearest welfare home or such
other place as Government may by general or special order, direct.
15.
Transfer of
vagrants from welfare homes.— The Controller or any other officer specially
empowered by Government in this behalf may by an order in writing direct the
transfer of a vagrant from one welfare home to another or to any other place
appointed by Government in this behalf.
16.
Release on
probation or short leave.— The Controller or other officer specially
empowered by Government in this behalf may, subject to such conditions as may
be prescribed,
—
(a)
release any vagrant on probation after he has served
imprisonment for a period not less than one year;
(b)
release a vagrant detained in a welfare home by
granting him a licence and, after the expiration of three months from the
commencement of the release on licence, recommend to Government the
unconditional release of such vagrant if he considers that there is probability
of such vagrant’s abstaining from vagrancy;
Provided that a
vagrant contravening any condition relating to his release on licence may be
re-arrested under the orders of the Controller and sent to the welfare home for
completing the sentence awarded to him under section 9.
17.
Powers of
discharge of vagrants from welfare homes.— The Controller or any other
officer specially empowered by Government in this behalf may discharge a
vagrant from a welfare home—
(a)
if he is satisfied that a vagrant has become possessed
of an income sufficient to enable him to support himself without resorting to
vagrancy;
(b)
if a relative of such vagrant, or a person interested
in the welfare of the vagrant, enters into a bond with or without sureties to
look after and maintain such vagrant and to prevent him from resorting to
vagrancy;
(c)
on the certificate of the manager of the welfare home
that satisfactory employment has been obtained for such vagrant;
(d)
for any other good and sufficient reason to be recorded
in writing.
18.
Effect of
other laws and enactments.— The provisions of this Ordinance, and any order
made or action taken under this Ordinance, shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than this
Ordinance, for the time being in force, and any instrument having its effect by
virtue of any such enactment other than this Ordinance.
19.
Cognizance
and bail.— All offences under this Ordinance shall be cognizable and
bailable.
20.
Jurisdiction.—
No offence under this Ordinance shall be triable by any magistrate other than a
Magistrate of the First class.
21.
Appeal.—
Any person aggrieved by an order of a magistrate under this Ordinance may
within thirty days of such order appeal to the District Magistrate and if such
order is made by the District Magistrate to the [10][*
* *] Sessions Court.
22.
Persons to
be deemed to be public servants.— All persons empowered to perform any
function under this Ordinance shall be deemed to be public servants within the
meaning of section 21 of the Pakistan
Penal Code, 1860.
23.
Indemnity.—
No suit, prosecution, or other legal proceeding shall lie against any person
for anything in good faith done or intended to be done under this Ordinance.
24.
Articles
liable to confiscation.— All things and money found on or about a vagrant
except the necessary wearing apparel shall be liable to confiscation to
Government under this Ordinance.
25.
Power to
make rules.— (1) Government may make rules for carrying out the purposes of
this Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any of the following
matters, namely:-
(a)
the purposes for which a person may solicit or receive
money or ask for food or gift referred to in clause (g) of section 2 and the form
of the certificate;
(b)
the manner in which Controller shall discharge his
functions;
(c)
the manner in which a medical officer may examine a
vagrant;
(d)
the types of works for which a vagrant may be reported
fit;
(e)
the types of the hard labour which is to form the
punishment;
(f)
the manner in which an imprisonment under this
Ordinance may be served;
(g)
the manner in which a vagrant may be transferred from
one welfare home to another or to any other place of detention;
(h)
the manner in which the manager of a welfare home is to
certify that satisfactory employment has been obtained for a vagrant;
(i)
the place or institutions where children detained under
this Ordinance are to be confined;
(j)
the places or institutions where lepers, lunatics and
persons suffering from contagious diseases may be confined.
(3)
Every rule under this Ordinance shall be laid before
the [11][Provincial
Assembly]and may be amended or repealed by a resolution of the said Assembly.
26.
Repeal.—
The Sind Vagrancy Act, 1947 15, is hereby repealed.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on Ist Oct., 1958; published in
the West Pakistan Gazette (Extraordinary), dated Ist Oct., 1958, pages
1343-1350; 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”. 3Ibid.
[4] Substituted by the West
Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964).
[5] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[6] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[7] Substituted ibid., for “Government of West Pakistan.
[8] Substituted for the words
“District Magistrate”, by the Punjab Vagrancy (Amendment) Ordinance, 2001 (XXIX
of 2001, which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan. 11Ibid.
[9] The words “and the
District of Karachi”, inserted by the West Pakistan Laws (Extension to Karachi)
Ordinance, 1964 (VII of 1964), were deleted by the Punjab Laws (Adaptation)
Order, 1974 (Pb. A.O. 1 of 1974).
[10]
The words “District Magistrate and if such order is made by the District
Magistrate, to the” omitted by the Punjab Vagrancy (Amendment) Ordinance, 2001
(XXIX of 2001, which will remain in force under the Provisional Constitution
(Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the maximum
limit of three months prescribed under Article 128 of the Constitution of the
Islamic Republic of Pakistan.
[11] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan
Assembly”. 15Sind XVII of 1947.
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