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Download PDF file - Human Rights Commission of Pakistan

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The Police Act, 1861 139the District Public Safety <strong>Commission</strong> as may be given by it in this behalf.]26. 24 [District Superintendent] may detain property and issue proclamation:- (1) The 25 [District Superintendent]<strong>of</strong> the district may detain the pro-perty and issue a proclamation, specifying the articles <strong>of</strong> which it consists, andrequiring any person who has any claim thereto to appear and establish his right to the same within 26 [six months]from the date <strong>of</strong> such proclamation.(2) The provisions <strong>of</strong> section 525 <strong>of</strong> the 27 Code <strong>of</strong> Criminal Procedure, 1882, shall be applicable toproperty referred to in this section.27. Confiscation <strong>of</strong> property if no claimant appears:- (1) If no person shall within the period allowed claim suchproperty, or the proceeds there<strong>of</strong>, if sold, it may, if not al-ready sold under subsection (2) <strong>of</strong> the last precedingsection, be sold under the orders <strong>of</strong> the 28 [District Public Safety <strong>Commission</strong>].(2) The saleproceeds <strong>of</strong> property sold under the preceding subsection and the proceeds <strong>of</strong> property soldunder section 26 to which no claim has been established shall be at the disposal <strong>of</strong> the Provincial Government.28. Persons refusing to deliver up certificate, etc., on ceasing to be police-<strong>of</strong>ficers:-Every person, havingceased to be an enrolled police- <strong>of</strong>ficer under this Act, who shall not forthwith deliver up his certi-ficate, and theclothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execution<strong>of</strong> his duty, shall be liable, on conviction before a Magistrate, to a penalty not exceeding two rupees hundred 29 ,or to imprisonment with or without hard labour, for a period not exceeding six months, or to both.29. Penalties for neglect <strong>of</strong> duty, etc:- Every police <strong>of</strong>ficer who shall be guilty <strong>of</strong> any viola-tion <strong>of</strong> duty or willfulbreach or neglect <strong>of</strong> any rule o regulation or lawful order made by competent authority, or who shall with-draw fromthe duties <strong>of</strong> his <strong>of</strong>fice without permission, or without having given previous notice for the period <strong>of</strong> two months, orwho, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration <strong>of</strong> suchleave, or who shall engage without authority in any employment other than his policeduty, or who shall be guilty <strong>of</strong>cowardice, or who shall <strong>of</strong>fer any unwarrantable personal violence to any person in his custody, shall be liable, onconviction before a Magistrate, to a penalty not exceeding three months’ pay, or to imprisonment with or withouthard labour, for a period not exceeding three months, or to both.30. Regulation <strong>of</strong> public assemblies and processions and licensing <strong>of</strong> the same:-(1) The District Superintendent or Assistant Superintendent <strong>of</strong> Police may, as occasion requires, directthe conduct <strong>of</strong> all assemblies and processions on the public roads, or in the public streets or thoroughfares, andprescribe the routes by which, and the times at which, such processions may pass.(2) He may also, on being satisfied that it is intended by any persons or class <strong>of</strong> persons to convene orcollect an assembly in any such road, street or thoroughfare, or to form a procession which would, in 30 [his judgment],if uncontrolled, be likely to cause a breach <strong>of</strong> the peace, require by general or special notice that the personsconvening or collecting such assembly or direct-ing or promoting such procession shall apply for a license.(3) On such application being made, he may issue a license specifying the names <strong>of</strong> the licensees anddefining the conditions on which alone such assembly or such procession is to be permitted to take place andotherwise giving effect to this section:Provided that no fee shall be charged on the application for, or grant <strong>of</strong>, any such license.[Provided further that he shall refuse to grant a licence in a case in which the Magistrate <strong>of</strong> the district or <strong>of</strong>the sub-division <strong>of</strong> the district is satisfied and conveys such satisfaction to him in writing that the grant <strong>of</strong> the licenceis likely to cause a breach <strong>of</strong> the peace or to be prejudicial to the public interest or the maintenance <strong>of</strong> public order.][Added by Police (Punjab Amendment) Ordinance VIII <strong>of</strong> 1984, Applicable to Punjab only](4) Music in the streets:- He may also regulate the extent to which music may be used in the streetson the occasion <strong>of</strong> festivals and ceremonies.30-A. Powers with regard to assemblies and processions violating conditions <strong>of</strong> licence:- 31 [(1) Where an

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