PROVINCIAL ASSEMBLY O F SINDH
NOTIFICATION
KARACHI, THE 18TH MAY, 2015
NO.PAS/Legis-B-14/2015-
The Sindh Sound System (Regulation) Bill, 2015 having been passed
by the Provincial Assembly of Sindh on 10th April, 2015 and assented to by the Governor of
Sindh on 12th May, 2015 is hereby published as an Act of the Legislature of Sindh.
THE SINDH SOUND SYSTEM (REGULATION) ACT, 2015.
SINDH ACT NO. XXIII OF 2015.
AN
ACT
to regulate and control use of sound systems in the Province of Sindh.
WHEREAS it is expedient for purposes of preventing public nuisance
and the voicing of utterances of a controversial nature likely to cause public
disorder and to regulate, control and prohibit the use of certain sound systems
in the Province of Sindh in the interest of environment, public order, decency
and the prevention of incitement to terrorism or the commission of any offence
and to deal with ancillary matters;
Preamble.
It is hereby enacted as follows:-
1. (1) This Act may be called the Sindh Sound System (Regulation) Act 2015.
(2) It shall extend to the whole of Province of Sindh.
(3) It shall come into force at once.
Short title,
extent and
commencement.
2.In this Act, unless there is anything repugnant in the subject or context –
(a) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(b) “Government” means the Government of Sindh;
(c) “place of worship” means a mosque, imambargah, madaris, church,
temple or any other place of worship of any sect or religion;
(d) “prescribed” means prescribed by the rules;
(e) "public place" means a public street, a public thoroughfare, a public
park or playground or any other place to which the members of the
public or section of public have access with or without invitation;
(f) “rules” means the rules made under this Act;
(g) “sound system” means a loudspeaker, sound amplifier or such other
equipment as may be prescribed; and
(h) “vicinity” means an area or place within ten yards of the place
where the sound system is placed.
Definitions.
3. (1) Subject to the provisions of this Act, it shall be unlawful for any person to
use, or assist in using, permit or allow the use of a sound system which
generates any loud, unnecessary or unusual noise or any noise which annoys,
disturbs, injures, or endangers the comfort, repose, health, peace, or safety of
persons in or beyond the vicinity.
(2) Notwithstanding anything contained in this Act or any other law, no
person shall use a sound system which contravenes the prescribed
specifications.
(3) Government shall, by notification, determine the specification of a sound
system.
Prohibition on the use
of sound system.
4. (1) Subject to sub-section (2), no person shall operate or use or cause to be
operated or used a sound system –
(a) in a public place, in a manner so as to cause or to be likely to cause
annoyance or injury to persons in the vicinity; or
(b) in any place in the vicinity of –
(i) a place of worship during prayer times;
(ii) a hospital providing facilities for indoor patients at any time of
day or night;
(iii) an educational institution, a court, a hospital not providing
facilities for indoor patients or any other public institution,
office or undertaking during their usual working hours at a
volume or in a manner whereby the working or the use of the
establishment is likely to be disturbed by the use of the sound
system;
(iv) a house or any other place used for human dwelling at any time
as may be prescribed; or
(c) in a place of worship in a manner or at a volume whereby any
sound from the sound system could be heard beyond ten yards
outside the boundaries of the place of worship; or
(d) in any public or private place, for the voicing of any sectarian or
other utterances of a controversial nature likely to lead to public
disorder, if such utterances are or may be heard outside or beyond
the immediate limits or precincts of such place.
(2) Subject to sub-section (2) of section 3, a person may use –
(a) one external sound system at a place of worship for the purpose of
Azan, Arabic Khutba delivered on a Friday or on Eid,
announcement of death of a person, lost or found a thing or a
person; or
(b) external sound system at a public place and during reasonable
hours with the prior permission of Government or an officer
Regulation of sound
system.
authorized by Government and the use of such sound system is in
accordance with the conditions mentioned in such permission.
5. The police officer incharge of the local area police station shall, at such
regular intervals as may be prescribed, inspect or cause to be inspected sound
systems of every place of worship to ensure compliance of the provisions of this
Act and shall maintain record of all such inspections in the prescribed manner.
Inspections.
6. If a person contravenes any provision of section 3 or 4, 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
fifty thousand rupees.
Punishment.
7. (1) A police officer not below the rank of Assistant Sub-Inspector may seize
any sound system used or reasonably suspected to have been used in the
commission of an offence under this Act.
(2) Any sound system seized under this section shall, as soon as may be, be
produced before the Court having jurisdiction to try an offence under this Act.
Power of seizure.
8. (1) An offence under this Act shall be cognizable and non-bailable.
(2) A Judicial Magistrate 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.
Cognizance and
summary trial.
9. A court trying an offence under this Act may order the confiscation of
any loudspeaker or sound amplifier or apparatus used in the commission of an
offence under this Act.
Confiscation.
10. Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Act.
Power to make rules.
11. The provisions of this Act shall have over-riding effect notwithstanding
anything contained in any other law, for the time being in force.
12. The Sindh Sound System (Regulation) Ordinance, 2015 is hereby
repealed.
Over-riding
effect.
Repeal.
_________
BY ORDER OF THE SPEAKER
PROVINCIAL ASSEMBLY OF SINDH
G.M.UMAR FAROOQ
SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
No comments:
Post a Comment