THE PUNJAB INFORMATION OF TEMPORARY RESIDENTS
ACT 2015 ( VIII of 2015)
[10th
March, 2015]
AN
ACT
to provide for
sharing of information of tenants and other temporary residents.
Whereas
it is expedient to obtain information about tenants and other temporary
residents; to develop a database of such persons; to effectively combat
terrorism and other crimes; to use such information for investigation and
prosecution of certain offences; and, to provide for ancillary matters; It is
enacted as follows:
1.
Short title,
extent and commencement.– (1)
This Act may be cited as the Punjab Information of Temporary Residents Act
2015.
(2)
It extends to whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.– In this Act:
(a)
“Code” means the Code of Criminal Procedure,
1898 (V of 1898) ;
(b)
“Government” means Government of the Punjab;
(c)
“guest” means a person who is in possession or
enjoyment of lodging, or board and lodging at a hotel or a hostel except an
employee of the hotel or hostel;
(d)
“hostel” means a premises where residential
accommodation is offered for rent or any other consideration but shall not
include a rented premises or a hotel or a hostel exclusively managed and
controlled by an organization or institution and which is being exclusively
used for the residence of the enrolled students or staff of such organization
or institution;
(e)
“hotel” means a premises meant for lodging, or
board and lodging offered to guests for monetary consideration or otherwise and
includes a guest house, resort, motel, inn or sarai but shall not include a rented premises or a hostel;
(f)
“landlord” means the owner of the premises let
out for residential purpose or which may be used as a temporary place of abode
and includes a lessor or a person who is entitled or authorized to receive
rent, lease amount, charges or any other monetary consideration;
(g)
“manager” means a person who is employed or
authorized by the owner or landlord for the management of a hotel or a hostel;
(h)
“police” means the police constituted under the
Police Order, 2002 (C.E. Order No. 22 of
2002) ;
(i)
“prescribed” means prescribed by the rules made
under the Act;
(j)
“property dealer” means the property dealer who
deals in the rented premises or hostels for monetary consideration;
(k)
“rented premises” means a building or part of a
building which is let out for residential purpose or which may be used as a
temporary place of abode but shall not include a hotel or a hostel; and
(l)
“tenant” means the occupant of a rented premises
and includes a lessee or a sub-tenant.
3.
Information
to police.– (1) Subject to
subsection (3), the property dealer, landlord and tenant shall, within fifteen days from the
time of delivery of possession of the rented premises to the tenant, provide
information about the tenant in the prescribed manner to the police through the
fastest means of communication.
(2)
The owner or manager shall, within twenty four hours
from the time of arrival or check in of a guest, provide information about the
guest in the prescribed manner to the police through the fastest means of
communication.
(3)
If one of the persons mentioned in subsection (1) or
subsection (2) provides the requisite information, the other concurrently
responsible persons shall not be liable for non-provision of the information to
the police.
4.
Guests other
than students and staff.– (1) A person, not being student or staff of an
organization or institution, shall not stay at a hostel exclusively managed and
controlled by the organization or institution without prior permission in
writing of the manager.
(2)
The manager shall, within twenty four hours from the
time he receives information about stay of a person mentioned in subsection
(1), provide information in the prescribed manner about the particulars of the
person to the police through the fastest means of communication.
5.
Identification
of tenants and guests.– (1) The landlord, manager or property dealer shall
not allow any tenant or guest to stay at the rented premises, hostel or hotel
unless he is satisfied about the identification of the tenant or the guest on
the basis the computerized national identity card or passport of such tenant or
guest.
(2)
The landlord, manager or property dealer shall obtain a
copy of the computerized national identity card or passport of the tenant or
the guest and shall provide such copy to the police at the earliest.
6.
Use of
information.– (1) The police shall maintain a database of all the tenants
and guests by categorizing them in the prescribed manner.
(2)
The police shall conduct analysis of the data for
prevention, detection and investigation of offences.
(3)
The information received under this Act shall not be
used for any purpose other than prevention, detection, investigation and
prosecution of offences of terrorism and other offences under the Pakistan
Penal Code, 1860 (XLV of 1860).
7.
Inspection
and interviews.– (1) A police officer not below the rank of SubInspector
may, subject to a reasonable notice and for purposes of this Act:
(a)
inspect a rented premises, hostel or hotel; and
(b)
obtain necessary information from the relevant
documents and persons including landlord, tenant, manager, guest or property
dealer.
(2)
The police shall ensure compliance of this Act through
spot inspections and local verifications.
8.
Firearms and
explosives.– (1) The landlord, manager and the property dealer shall ensure
that the tenant or guest is not carrying or in possession of a firearm or any
explosives other than a licensed weapon.
(2)
The owner or manager of a hostel or hotel shall keep an
entry of any licensed weapon being carried by a guest and provide such
information to the police in the prescribed manner.
9.
Change of
timelines.– The Government may, by notification in the official Gazette,
extend the timelines provided for provision of information to the police under
this Act for any category of persons, rented premises, hostels or hotels.
10.
Assistance
to police.– A police officer not below the rank of Deputy Superintendent of
Police may call for the information about the ownership or title of a rented
premises or a hostel from any relevant office, body or authority maintaining
record of rights, transfer deeds or other title documents.
11.
Penalties.–
If a person knowingly contravenes the provision of section 3, 4, 5 or 8 or
fails to allow access to premises or provide information to the police under
section 7 or section 10, he shall be liable to punishment of imprisonment which
may extend to six months and fine which shall not be less than ten thousand
rupees or more than one hundred thousand rupees.
12.
Cognizance
and summary trial.– (1) An offence under this Act shall be cognizable and
non-bailable.
(2)
A Magistrate of the first class shall conduct the trial
of an offence under this Act in accordance with the provisions of Chapter XXII of the Code relating to the summary
trials.
13.
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,
compound an offence under this Act subject to the deposit of administrative
penalty which shall not be less than ten thousand rupees.
(2)
The offence under this Act shall not be compoundable if
the accused had been previously convicted under the Act or his previous offence
had been compounded by the Government or the officer authorized by the
Government.
14.
Annual
report.– (1) Every Head of District Police shall send a monthly
implementation report to the Government under this Act.
(2)
The Government shall, before 31 March each year, submit
a consolidated implementation annual report in the Provincial Assembly of the
Punjab relating to the preceding year containing summary of the activities and
recommendations for implementation of the Act.
15.
In addition
to other laws.– The provision of this Act shall be in addition to and not
in derogation of any other law.
16.
Power to
make rules.– The Government may,
by notification in the official Gazette, make rules for carrying out the
purposes of this Act.
17.
Repeal.–
The Punjab Information of Temporary Residents Ordinance, 2015 (II of 2015) is
hereby repealed.
_______
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