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Ehtram -e-Ramazan Ordinance, 1981

 

25th June, 1981

 

AN ORDINANCE to provide for

 measures observe the sanctity of the month of Ramazan

 

WHEREAS, in view of the tenets of Islam, I is necessary to provide for measures to observe the sanctity of the month of Ramazan;

 

And WHEREAS the President is satisfied that circumstance exist which render it necessary to take immediate action;

 

Now, THEREFORE, in exercise of the powers conferred by Article 89 of the Constitution, read the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981), the President is pleased to make and promulgate the following Ordinance:–

 

  1. Short title, extent and commencement,–(1) This Ordinance may be called the Ehtram-e-Ramazan Ordinance, 1981.

(2). It extends to the whole of Pakistan.

(3). It shall come into force at once.

 

  1. Definition,–In this Ordinance, unless there is anything repugnant in the subject or context, “public place” include any hotel, restaurant, canteen, house, room, tent, enclosures, road lane, bridge or other place to which the public have access.

 

  1. Prohibition of eating, etc, in public places,–(1)  No person who, according to the tenets of Islam, is under an obligation to fast shall eat, drink or smoke in a public place during fasting hours in the month of Ramazan.

(2)   Whoever contravenes the provisions of sub-section (1) shall be punishable with 

      simple imprisonment for a term which may entend to three months, or with fine

      which may extend to five hundred rupees, or with both.

 

  1. Prohibition of serving eatables in certain public places,–No proprietor, manager, servant, or other person in charge of a hotel, restaurant or canteen, or other public place, shall knowingly and willfully offers or serve or cause to be offered or served any eatable during fasting hours in the month of Ramazan to any person who, according to the tenets of Islam, is under an obligation to fast.

(2)   Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

  1. Exemptions.—Nothing contained in section 4 shall apply in respect of –

 

a)      A canteen or kitchen maintained in a hospital for serving food to patients:

b)      A restaurant or canteen within the premises of a railway station, airport, seaport or bus stand or in a train of aircraft

c)      A kitchen or dining-car of a train :or

d)      A kitchen or canteen meant for children within the premises of a primary school.

 

  1. Cinema-houses, theatres, etc.. to remain closed during Ramazan,–(1) All cinema-houses.  Theatres and similar other establishments or institutions shall remain closed during the month of Ramazan from the time of sunset to the expiration of three hours thereafter.

(2)   If the proprietor, manager, servant or other person in charge of a cinema-house, theatre  or similar other establishment or institution contravenes the provisions of sub section (1). He shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees or with both.

 

  1. Power to enter and arrest.—(1) If any Magistrate, the Chairman of a District Council or a Municipal Committee or a Town Committee, the Mayor of a Municipal Corporation, or the Chairman or a member of a District Zakat and Ushr Committee has reason to believe that any offence punishable under may enter the public place and arrest such person.

(2)  Where the Magistrate arresting any person under sub-section. (1) is for the time being empowered to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898), such Magistrate may try such person at the place where lie is arrested in accordance with the provisions contained in sections 262 to 265 of the said Code.

 

8.  Cognizance of offences and procedure. – (1) Save as provided in sub section (2) of section 7 no court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by a person authorized to arrest under sub section (1) of that section or by the officer in charge of the police station in whose jurisdiction the offence is alleged to have been committed.

            (2) Any Magistrate empowered for the time being to try in a summary way the offences specified in sub section (1) of section 260 of the Code of Criminal Procedure, 1898 (Act V of 1898) may try any offence punishable under the Ordinance in accordance with the provisions contained in sections 262 to 265 of the said Code.

            (3) The officer in charge of the police station to which a person arrested is forwarded under sub section (3) of section 7 shall make a complain to a Magistrate within twenty four hours to the time on which such person is brought to the police station.

            (4)  The trial of an offence punishable under this Ordinance shall be taken up on a priority basis and shall be concluded a s expeditiously as may be administratively possible.

   9.   Power to make rules – (1) The Federal Government may make rules for carrying out the purposes of this Ordinance.

            (2)        In particular and without prejudice to the generality of the foregoing provisions such rules may provide that in a canteen restaurant or dining car referred to in clause (1), (b), (c) or (d) of section 5 eatables or articles of smoking shall only be served at a place protected form public view by means of a curtain or otherwise and specify the classes of persons who may be admitted to any such canteen, restaurant, or dining car during fasting hours in the month of Ramazan.

            (3) A person contravening any rule made under sub section (1) shall be deemed to be guilty of an offence punishable under section 4 and shall be punishable accordingly.

   

   10.  Ordinance to override other laws – The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

 

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