THE
PUNJAB MAINTENANCE OF PUBLIC ORDER (AMENDMENT) ACT 2015
( XVI OF
2015)
[18th
March, 2015]
An
Act
further to amend the
Punjab Maintenance of Public Order Ordinance, 1960.
Whereas it is expedient further to
amend the Punjab Maintenance of Public Order Ordinance, 1960 (XXXI of 1960) to
deal with certain activities which are likely to prompt and propagate terrorism
or support terrorists or are prejudicial to combating terrorists and terrorism
or are injurious to public safety and maintenance of public order, and for
incidental matters;
It is enacted as follows:
1.
Short title
and commencement.– (1) This Act may be cited as the Punjab Maintenance of
Public Order ( Amendment) Act 2015.
(2) It shall come into force at once.
2.
Amendment in
section 1 of Ordinance XXXI of 1960.– In the Punjab Maintenance of Public
Order Ordinance, 1960 (XXXI of 1960), hereinafter referred to as the said
Ordinance, in section 1, for subsection (2), the following shall be
substituted: “(2) It extends to whole of the Punjab.”
3.
Insertion of
section 6-A in Ordinance XXXI of 1960.– In the said Ordinance, after section
6, the following section 6-A shall be inserted:
“6-A. Prohibition of certain speeches, etc.– (1) A person shall not,
by words spoken or written, or through visible representation, directly or by
implication:
(a)
support, propagate or promote any terrorist, act
of terrorism, terrorist organization or proscribed organization;
(b)
evoke or attempt to evoke sympathy or compassion
for any terrorist, act of terrorism, terrorist organization or proscribed
organization;
(c)
project, commend or glorify any terrorist, act of terrorism, terrorist organization or
proscribed organization;
(d)
challenge, thwart, undermine or oppose any
action of any law enforcement agency against any terrorist, act of terrorism,
terrorist organization or proscribed organization; and (e) jeopardize any ongoing security operation
against any terrorist, act of terrorism, terrorist organization, or proscribed
organization.
(2)
If a person contravenes any provision of subsection
(1), he shall be liable to punishment of imprisonment which may extend to three
years and fine which shall not be less than fifty thousand rupees but shall not
exceed two hundred thousand rupees.
(3)
In this section:
(a)
‘terrorist and terrorism’ shall have the same meaning
as assigned to these expressions under the Anti-Terrorism Act, 1997 ( XXVII of
1997); and
(b)
`proscribed organization’ means an organization
proscribed under section 11B of the Anti-Terrorism Act, 1997 (XXVII of
1997) or any other law for the time being in force.”
4.
Insertion of
section 8-A in Ordinance XXXI of 1960.– In the said Ordinance, after
section 8, the following section 8-A shall be inserted:
“8-A. Recording of certain speeches.– (1) The incharge of a local
area police station with the permission of Sub Divisional Police Officer may
direct, in writing, the organizer of a public meeting to make audio or video
record of all the speeches made in a public meeting and submit, within twenty
four hours from the time of conclusion of the last speech, or before noon on
the next day, whichever is earlier, an unedited copy of such recording to such
officer who shall immediately acknowledge receipt of the recording.
(2)
The officer receiving the recording under subsection
(1) shall transmit the recording to such officer or authority as may be
prescribed or nominated by the Government.
(3)
If a person contravenes any provision of subsection
(1), he shall be liable to punishment of imprisonment which may extend to six
months and fine which shall not be less than twenty five thousand rupees but
shall not exceed one hundred thousand rupees.
(4)
In this section:
(a)
“organizer” means the person or persons who has or have
organized the public meeting or invited people to attend the same and includes
owner, manager or incharge of the place where public meeting is held; and
(b)
“public meeting” shall have the same meanings as
assigned to the expression in section 8.”
5.
Insertion of
section 18-A in Ordinance XXXI of 1960.– In the said Ordinance, after
section 18, the following section 18-A shall be inserted:
“18-A. Uniforms of an agency.– (1) A person shall not manufacture,
possess, buy or sell uniform of police or of any other organization notified by
the Government except under a licence from the police or, as the case may be,
such other notified organization.
(2)
The manner, duration, terms and conditions, revocation
of a licence and other related matters may be prescribed by rules and until so
prescribed, may be determined by the police or, as the case may be, such other
notified organization.
(3)
If a person contravenes any provision of subsection (1)
or violates any conditions of the licence, he shall be liable to punishment of
imprisonment which may extend to six months and fine which shall not be less
than twenty five thousand rupees but shall not exceed one hundred thousand
rupees, and any such uniforms shall be seized and forfeited to the Government.
(4)
Nothing in this section shall apply to a person who is
in the service of police or of other notified organization and is authorized by
the police or, as the case may be such other organization to manufacture,
possess or sell the uniform of police or the organization.”
6.
Amendment in
section 21 of Ordinance XXXI of 1960.– In the said Ordinance, for section
21, the following shall be substituted:
“21. Summary trial.– (1) A Magistrate of the first class shall
conduct the trial of an offence under this Ordinance punishable to imprisonment
which may extend to one year or fine or both in accordance with the provisions
of Chapter XXII of the Code relating
to the summary trials.
(2)
Notwithstanding anything contained in any other law, the Government may, by
notification, direct that a Magistrate of the first class shall conduct the
trial of any offence under this Ordinance in accordance with the provisions of
Chapter XXII of the Code relating to
the summary
trials.”
7.
Insertion of
section 21-A in Ordinance XXXI of 1960.– In the said Ordinance, after
section 21, the following section 21-A shall be inserted:
“21-A. Compounding of offence.–
(1) Subject to subsection (2), the Government or an officer of the Government
specifically authorized in this behalf may, at any stage and under specified
conditions, compound an offence under section 8-A or section 18-A of this
Ordinance subject to the deposit of administrative penalty which shall not be
less than twenty five thousand rupees.
(2) The offence
under this Ordinance shall not be compoundable if the accused had been
previously convicted under the Ordinance or his previous offence had been
compounded by the
Government or an officer
authorized by the Government.”
(VI of 2015)
is hereby repealed.
_______
[1]
The Punjab Maintenance of Public Order (Amendment) Ordinance 2015 (VI of 2015)
was promulgated on 20.01.2015.
No comments:
Post a Comment