THE WEST PAKISTAN MAINTENANCE OF PUBLIC ORDER ORDINANCE, 1960.

(W.P. Ordinance No.XXXI of I960).

CONTENTS.

Preamble.

Sections.

1.         Short title and extent.
2.         Definitions
3.         Power to arrest and detain suspected persons.
4.         Powers of photographing, etc., of suspected persons.
5.         Powers to control suspected persons.
6.         Power to control publications.
7.         Power to prohibit entry into West Pakistan of news- papers, etc.,
8.         Power to secure reports of public meetings.
9.         Service of orders in writing.
10.       Power to issue search warrants.
11.       General power of search.
12.       Power to give effect to orders, etc.
13.       Penalty.
14.       Abetment of offences.
15.       Offences committed by Corporation or Association.
16.       Dissemination of rumours, etc.
17.       Possession or conveyance of prescribed or prohibited documents.
18.       Wearing or display of uniforms or emblems.
19.       Tampering with public servants.

20.       Sabotage.
21.       Procedure for trial of offences.
22.       Offence under Ordinance to be cognizable and non-bailable.
23.       Jurisdiction of courts barred.
24.       Effect of orders, etc., inconsistent with other enactments.
25.       Operation of other penal laws not barred.
[1][26.    Delegation of power to servant of Government.]
27.       Power to make rules.
28.       Repeal and saving.

THE WEST PAKISTAN MAINTENANCE OF PUBLIC ORDER 
ORDINANCE, 1960.

(W.P.Ord No. XXXI)
                                                                                                [2^ndDecember, I960]. 
AN
ORDINANCE

to amend and consolidate the law relating to preventive detention and control of persons and publications connected with the maintenance of public order  in West Pakistan.

            shall be deemed to be an act prejudicial to the maintenance of public order.

            Explanations- II—Whoever is or was a member of an association or its Executive Committee, which association is or has been declared to be unlawful under any law for the time being in force in the Province at any time during the period of seven days imme­diately before it was so declared to be unlawful, or remains or becomes a member of such an association or is on the Executive Co­mmittee thereof after it has been so declared to be unlawful shall be deemed to be acting in a manner prejudicial to the public safety and the maintenance of public order for the purposes of this section.]

            (2) If [10][any] servant of Govern­ment[11][,]authorized in this behalf by a general or special order of Government, has reason to believe that any person within his territorial jurisdiction has acted, is acting or is about to act in a manner preju­dicial to public safety or the maintenance of public order, he shall forthwith refer the matter to Government for orders.

            (3) (a) An order of arrest under sub-section (1) may be addressed to a Police Officer or any other person and such officer or person shall have the power to arrest the person mentioned in the order and in doing so he may use such force as may be necessary. The Police Officer or the other person, as the case may be, shall commit the arrested person to such custody as may be prescribed under sub-section (7).

            (b) A Police Officer not below the rank of Sub-Inspector, if satisfied on receipt of credible information that a person against whom an order of arrest or of arrest and detention has been made under this section is present within such officer's jurisdiction, may arrest him without a warrant in the same manner as he would have done if such order of arrest had been addressed to him, [12][and thereupon commit the arrested  person to such custody as  may be prescribed under sub-section (7), or if he receives any requisitionin this behalf from the police officer or other person to whom the warrant of arrest for the person arrested is addressed, make over the custody of the arrested person to such police officer or other person]

            (4) On receipt of a reference under sub-section (2)  Govern­ment may—

            (a) reject the reference; or

            (b) make an order   of arrest and detention  in terms  of sub-section (1).

            [13][(5)    Government shall constitute a Board consisting of a Judge of the High Court of West Pakistan, who shall be nominated by the Chief Justice of that Court, and a senior officer, in the Service of Pakistan, who shall be nominated by the Governor of West Pakistan.

            ( 5a )    No person shall be detained for a period exceeding three months unless the Board has reported, before the expiration of the said period of three months, that there is, in its opinion, suffi­cient cause for such detention.

( 5 b )   Where a person is to be detained for a period exceed­ing three months, Government shall, before the expiration of the said period of three months, refer his case to the Board.

            ( 5 c )   A person whose case has been referred to the Board under the provisions of sub-section (5-b) , shall not be entitled to appear by any legal practitioner in any matter connected with the case referred to the Board.

            ( 5 d )   The Board shall, after considering the material placed before it and the representation, if any, made by the person whose case has been referred to it, hearing such person, if he so desires, and calling for such further information as it may require from Govern­ment or may be placed before it by the person detained, submit its report before the expiration of the period of three months specified in sub-section (5 b), to Government whether in its opinion there is sufficient cause for the detention of such person.

            ( 5 e )   The proceedings and the report of the Board except­ing that part of the report in which the opinion of the Board is specified, shall be confidential.

            ( 5 f )    If in any case the Board reports that there is, in its opinion, no sufficient cause for the detention of the person whose case has been referred to it, for a period exceeding three months, Government shall rescind the detention order and direct such person to be released on the expiry of the said period of three months. In case the Board reports that there is in its opinion, sufficient cause for the detention of such person, Government may, subject to the provisions of sub-section (1), continue to detain him for such period as it may deem fit.]

            (6)   Where a detention order has been made under this section the authority making the order shall, as soon as may be [14][ * * * ] communicate to such person the grounds on which the order has been made, inform him that he is at liberty to make a representation to Government against the order and afford him the earliest opportunity of doing so;

            Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against public interest to disclose.

            [15][(6 a)    Where a representation is made to Government under sub-section             (6),   Government may, on consideration of the representation and giving the   person detained an  opportunity of being heard, modify, confirm or rescind     the order]

            (7) So long as there is in force in respect of any person an order under this section directing that he be detained, he shall be liable to be detained in such custody and under such conditions as to maintenance, discipline and punishment for offences and breaches of discipline as Government may from time to time prescribe by general or special order.

            (8) If Government or [16][any servant of Government, referred to in sub-section (2),] has reason to believe that a person in respect of whom an order of arrest and detention has been passed under this section has absconded or is concealing himself so that such order cannot be executed, Govern­ment or [17][any servant of Government, referred to in sub-section (2),], as the case may be, may—

(a)    forward a copy of the order, with a declaration that such person cannot be found, to a Magistrate of the first class having jurisdiction in the place where the said person or­dinarily resides and thereupon the provisions of sections 87, 88 and 89 of the Code shall apply in respect of thesaid person and his property as if the order directing that he be arrested and detained were a warrant issued by the Magistrate;

(b)   by order notified in the Official Gazette direct the said person to appear before such officer at such place and within such period as may be specified in the order and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had within the period specified in the order, informed the officer concerned of the reasons which rendered compliance therewith impossible and of his where-about or taken all possible steps to give such information, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(9) Government may at any time, subject to such conditions as it may think fit to impose, release a person detained under this section and may require him to enter into a bond, with or without sureties, for the due observance of the conditions.

            (10) The [18][Government] or any servant of Government referred to in sub-section (2), may summon and interrogate or cause the summoning and interrogation of any person, including a person arrested or detained under this section, if in[19][its or] his opinion such interrogation is likely to lead to the discovery of information which may enable the more effective exercise of powers under this Ordinance, whether in respect of the person interrogated or any other person, and the person interrogated under this sub-section shall be bound to answer truthfully all questions pertaining to the subject of the enquiry.

            (2) An order under sub-section (1) made by [23][any servant of Government, referred to in sub-section (1),] shall not, unless Government by special order otherwise directs, remain in force for more than three months from themaking thereof.

            (3) Government may at any time cancel or vary any order made by the[24][any such servant] under sub-section (1).

            (4) An order under clause (a) of sub-section (1) made by Government may specify as the area to which the order relates, the whole Province or any part thereof, and an order made by [25][any servant of Government, referred to in sub-section (1),] may specify as such area the whole district or any part thereof:

            Provided that no such order made by Government shall direct the exclusion or removal from the Province of any person ordinarily resident in the Province and no such order made by [26][any servant of Government, referred to in sub-section (1),]shall direct the exclusion or removal from the District of any person ordinarily resident in that district.

            (5) Where an order has been made under sub-section (1), the authority making the order shall, as soon as may be [27][* * * ], communicate to such person the grounds on which the order has been made, inform him that he is at liberty to make a representation to Government against the order and afford him the earliest opport­unity of doing so:

            Provided that the authority making any such order may refuse to disclose facts which such authority consider it to be agai­nst public interest to disclose.

             [28][( 5 a ) Where a representation is made to Government against an order passed under sub-section (1), Government may, on consideration of the representation and after giving the person aff­ected an opportunity of being heard, modify, confirm or res­cind the order.

            (5 b) No order under clause (b) of sub-section (1), shall have effect for a period exceeding three months unless the, Board constituted under sub-section (5) of section 3 has reported, before the expiration of the said period, that there is, in its opinion sufficient cause for the making of such order and the provisions of sub-sections (5-b), (5-c), (5-d), (5-e) and (5-f) of section 3 shall, mutatis mutandis, apply to the reference made to the Board in regard to any  such order].

            (6) An order made under sub-section (1) shall remain in force for such period not exceeding two years as may be specified in the order.

(a)    prohibit the printing or publication in any document or class of documents of any matter relating to a particular subject or class of subjects for a specified period, or in a particular issue or issues of a newspaper or periodical;

(b)    require that any matter be published in any particular issue or issues of a newspaper or periodical and may while doing so specify the period during which and the manner in which such publication shall take place;

(c)    require that any matter relating to a particular subject or class of subjects shall before publication be submitted for scrutiny;

(d)   prohibit for a specified period the publication of any newspaper, periodical, leaflet, or other publication, or the use of any press;

(e)    require that the name and address of any person concerned in the supply or communication of any news, report or information be furnished to such authority as may be specified in the order;

(f)    require that any document connected with the news, report or information referred to in clause(e) be delivered to such authority as may be specified in the order:

            Provided that when an order is made under   clause (a), (c)or (d) -
                       

(i)     no such order shall remain in force for more than two months from the making thereof;

            [29][(ii) * * *]

            (2) Where an order has been made under sub-section (1), the authority making the order shall, as soon as may be, communi­cate to such person, the grounds on which the order has been made, inform him that he is at liberty to make a representation against the order to Government and afford him the earliest opportunity of doing so:

            Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against public interest to disclose.

            [30][( 2 a ) Where a representation is made to Government against an order passed under sub-section (1), Government may on consideration of the representation and giving the person affected an opportunity of being heard, modify, confirm or rescind the order]

            (3) In the event of disobedience of an order under this section Government or the authority issuing the order may, without prejudice to any other penalty to which the person guilty of the disobedience is liable, order the seizure of all copies of any publication concerned and of any printing press or other instrument or apparatus used in the production of the publication:

            [31][Provided that no such order of seizure shall be passed without giving the printer, publisher or editor affected an opportunity of show­ing cause against the proposed order]

            Provided that no such order shall remain in force for more than two months from the making thereof:

            Provided further that the person against whom an order has been made may within ten days of the passing of the order make a representation to Government or the authority aforesaid which may on consideration thereof modify, confirm or rescind the order.

            (2) In the event of disobedience of an order under this section, Government or the authority issuing the order may, without prejudice to any other penalty to which the person guilty of the dis­obedience is liable, order the seizure of all copies of any newspaper, periodical, leaflet or other publication concerned [32][ : ]

            [33][Provided that no such order of seizure shall be passed without giving the person affected an opportunity of showing cause against the order.]

            Explanation —For the purpose of this section a public meeting is any meeting which is open to the public or to any class or portion of the public, and a meeting may be a public meeting notwithstanding that it is held in a private place and notwithstanding that admission thereto is restricted by ticket or otherwise.

(i)     causes or is likely to cause fear or alarm to the public or to any section of the public;

(ii)   furthers or is likely to further any activity prejudicial to public safety or the maintenance of public order.

            any document in respect of which a notification under section 7 is in force, or of which the importation has been prohibited under the Sea Customs Act, 1878, or in respect of which an order of forfeiture has been made under any law for the time being in force or any document prejudicial to public safety or the maintenance of public order shall, unless he proves that he was unaware of the nature of the document, be punished with imprisonment which may extend to one year, or with fine, or with both.

            (2) Whoevers allows his name or address to be used to facili­tate transmission through the post or otherwise to any person other than the person for whom it purports to be intended of any docu­ment of the nature referred to in sub-section (1) shall be punished with imprisonment which may extend to one year, or with fine, or with both.

            (2) The provisions of sub-section (1) shall apply in relation to any omission on the part of a person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person.

            (3) If any person approaches or is in the neighborhood of any such building, place or property as is mentioned in sub-section (1) in circumstances which afford reason to believe that he intends to contravene that sub-section, he shall be deemed to have attempted a contravention thereof.

            (4) If any person contravenes or attempts to contravene any of the provisions of this section, he shall be punished with imprison­ment for a term which may extend to three years, or with fine, or with both.

            (2) All such orders (whether notified or not) made and directions issued under the enactments repealed under sub-section (1) as were in force immediately before the commencement of this Ordi­nance shall, so far as they are not in consistent with the provisions of this Ordinance continue in force and shall be deemed to have been made and issued under this Ordinance.