THE
(Ordinance
LIX of 2001)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. Cognizable and non-bailable offence.
4. Offence and punishment.
4-A. [Omitted].
4-B. [Omitted].
4-C. [Omitted].
5. Power of entry, search, seizure and arrest without warrant.
6. Mode of making searches and arrests.
7. Appeal.
8. Ordinance to override other laws, etc.
8-A. [Omitted].
[1]THE
(Ordinance LIX of 2001)
[
An
Ordinance for the prohibition of [2][kite flying].
Whereas it is expedient to provide for the prevention of [3][kite flying] in order to save human life,
public and private properties and matters connected therewith and incidental
thereto;
And
whereas the Provincial Assembly of the
And
whereas under Article 4 of the Provisional
Constitution (Amendment) Order No. 9 of 1999, as amended by the Chief Executive
Order No. 11 of 2000, the Governor of a Province may issue and promulgate an
Ordinance;
Now,
therefore, in exercise of the
aforesaid powers and all other powers enabling him in that behalf, the Governor
of the Punjab is pleased to make and promulgate the following Ordinance:-
1. Short title, extent and commencement.–
(1) This Ordinance may
be called the Punjab Prohibition of [4][* * *] Kite Flying [5][* * *] Ordinance, 2001.
(2) It extends to the whole of the
(3) It shall come into force at once.
[6][2. Definitions.– In
this Ordinance–
[7][(a) “child” means a person who has not attained
the age of eighteen years;
(aa) “guardian”
means the guardian as defined in the Guardians and Wards Act, 1890 (VIII of
1890);]
(b) “Government”
means the Government of the Punjab;
(c) “kite
flying” means the flying of a kite at any place with metallic wire, nylon cord
(tandi) or any other thread coated with sharp maanjha or any other material
which endangers or is likely to endanger human life or property;
(d) “place”
means a street, road, thoroughfare, park, garden, play ground, graveyard,
hotel, restaurant, motel, mess, club, house, building, tent, vessel, any roof
and open space;
[8][(e)*
* * * * * *]
(f) “sharp
maanjha” means a mixture of chemicals and grinded glass or any other injurious
and dangerous material, coated on thread for the purpose of kite flying.]
3. Cognizable
and non-bailable offence.– Notwithstanding anything contained in any other law for the time
being in force, an offence under this Ordinance shall be cognizable and
non-bailable and [9][tried under] the Code of Criminal Procedure,
1898 (Act V of 1898).
[10][4. Offence
and punishment.–
(1) No person shall–
(a) commit
or abet an act of kite flying;
(b) manufacture,
[11][transport
by any means,] sell or offer for sale a kite: and
(c) manufacture,
[12][transport
by any means,] store, sell or offer for sale metallic wire, nylon cord (tandi),
any other thread coated with sharp maanjha or any other injurious material for
the purpose of kite flying.
[13][*
* * * *]
[14][(3) Whoever
contravenes the provision of clause (a) of sub-section (1), shall be punished
with imprisonment for a term which may extend to five years, but not less than
three years, or with fine of two million rupees, or with both, and in default
of payment of fine, offender shall suffer imprisonment for a term of one year.
(4) Whoever contravenes the provision of clauses
(b) or (c) of sub-section (1), shall be punished with imprisonment for a term
which may extend to seven years, but not less than five years, or with fine of
five million rupees, or with both, and in default of payment of fine, offender
shall suffer imprisonment for a term of two years.
(5) Notwithstanding anything contained in this
Ordinance, if a child contravenes the provisions of sub-section (1), shall be
tried in accordance with the provisions of the Juvenile Justice System Act,
2018 (XXII of 2018) and shall be punished with fine of fifty thousand rupees
for the first offence, and on repetition of same offence, shall be punished
with fine of one hundred thousand rupees.
(6) If the child, who is punished under sub-section
(5), is unable to pay the fine, it shall be recoverable from his parents or
guardian, and in case of default of payment of fine by the parents or guardian,
as the case may be, it shall be recoverable as arrears of land revenue.]]
[15][* * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * ]
5. Power
of entry, search, seizure and arrest without warrant.– A Police Officer [16][,] not below the rank of Sub Inspector upon
information or from his personal knowledge and after such inquiry as he thinks
necessary[17][,] [18][* * *] may–
(a) arrest without warrant any person committing [19][or suspected to have committed] an offence
under section 4 [20][* * * *];
(b) enter and search such place at any time with
such assistance as he may require and using such force as may be necessary; and
(c) seize and take possession of any article
reasonably suspected to have been used or intended to be used for the purpose
of committing an offence [21][under this Ordinance]:
[22][* * * *]
6. Mode
of making searches and arrests.– The provisions of the Code of Criminal
Procedure, 1898, except those of section 103, shall mutatis mutandis,
apply to all searches and arrests in so far as they are not inconsistent with
the provisions of section 5.
7. Appeal.– An
appeal against the order of a Magistrate shall lie to the Court of Sessions
whose decision thereon shall be final.
8. Ordinance
to override other laws etc.– This
Ordinance shall have effect notwithstanding anything contained in any other law
for the time being in force.
[23][*
* * * * * * * * * * * * * * * * * * * * * *]
[1]Promulgated
by the Governor of the
[2]Substituted
for the words “dangerous kite flying activities” by the Punjab Prohibition
of Kite Flying (Amendment) Act 2009 (XIV of 2009). This Act was originally
promulgated as Ordinance XX of 2007; was given permanent life by PCO I of 2007;
however, consequent upon the judgment of the Supreme Court of Pakistan dated 31
July 2009, this Ordinance was laid in the Assembly; and was enacted as Act XIV
of 2009.
[3]Ibid.
[4]The
word “Dangerous” omitted ibid.
[5]The
word “Activities” omitted ibid.
[6]Substituted
ibid.
[7]Substituted
by the Punjab Prohibition of Kite Flying (Amendment) Act 2025 (IV of 2025), for
the following:
“(a) “district” shall have the same meaning as are
assigned to it under section 2(x) of the Punjab Local Government Ordinance,
2001 (XIII of 2001);”
[8]The
following clause omitted by the Punjab Prohibition of Kite Flying (Amendment)
Act 2025 (IV of 2025):
“(e) “prescribed”
means prescribed by rules made under section 8-A; and”
[9]Substituted
for the words “would be tried summarily under Chapter XXII of” by the Punjab
Prohibition of Kite Flying (Amendment) Act 2025 (IV of 2025).
[10]Substituted
by the
[11]Inserted
by the Punjab Prohibition of Kite Flying (Amendment) Act 2025 (IV of 2025).
[12]Inserted
by the Punjab Prohibition of Kite Flying (Amendment) Act 2025 (IV of 2025).
[13]The
following sub-section omitted by the Punjab Prohibition of Kite Flying
(Amendment) Act 2025 (IV of 2025):
“(2) The Nazim of the
concerned district may, through a notification issued with the prior approval
of the Government, allow kite flying and sale of kites for a period not
exceeding fifteen days during the spring season in a year:
Provided that manufacturing of kites
and permissible kite flying material may be allowed for such period as the
Government may specify by a general or special order.
Explanation.– Nothing in
this sub-section shall be construed to allow, flying of a kite with metallic
wire, nylon cord (tandi) or a thread coated with
sharp maanjha, manufacturing or sale of any such
injurious material for the purpose of kite flying.”
[14]Substituted
by the Punjab Prohibition of Kite Flying (Amendment) Act 2025 (IV of 2025), for
the following:
“(3) Subject to sub-section (2), a person, who
contravenes the provision of sub-section (1), shall be liable to imprisonment
for a term not exceeding three years or to fine not exceeding one hundred
thousand rupees or to both.”
[15]The following sections were inserted by the Punjab Prohibition
of Kite Flying (Amendment) Act 2009 (XIV of 2009) (this Act was originally
promulgated as Ordinance XX of 2007; was given permanent life by PCO I of 2007;
however, consequent upon the judgment of the Supreme Court of Pakistan dated 31
July 2009, this Ordinance was laid in the Assembly; and was enacted as Act XIV
of 2009); and omitted by the Punjab
Prohibition of Kite Flying (Amendment) Act 2025 (IV of 2025):
“4-A. Registration.– (1) Every manufacturer,
trader or seller of kites or kite flying material shall get himself registered
with the concerned City District Government or the District Government in the
manner as may be prescribed.
(2) A
person, who contravenes the provision of sub-section (1), shall be liable to
imprisonment for a term not exceeding six months or to fine not exceeding one
hundred thousand rupees or to both.
4-B. Permission
for kite flying.– (1) Subject to section 4, an owner or possessor of a
place shall obtain prior permission of the Union Nazim
of the area to use the place for kite flying and intimate the Station House
Officer of the area of such permission.
(2) A
person, who contravenes the provision of sub-section (1), shall be liable to
imprisonment for a term not exceeding six months or to fine not exceeding one
hundred thousand rupees or to both.]
4-C. Kite
flying association.– (1) A District Government may establish a kite flying
association in the manner as may be prescribed.
(2) The
kite flying association shall perform the prescribed functions in the
prescribed manner.”
[16]Inserted by the Punjab Prohibition of Kite Flying (Amendment)
Act 2009 (XIV of 2009). This Act was originally promulgated as Ordinance XX of
2007; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance
was laid in the Assembly; and was enacted as Act XIV of 2009.
[17]Inserted by the Punjab Prohibition of Kite Flying (Amendment)
Act 2009 (XIV of 2009). This Act was originally promulgated as Ordinance XX of
2007; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance
was laid in the Assembly; and was enacted as Act XIV of 2009.
[18]The
words “and has
reason to believe that any place is being used for kite flying”
omitted ibid.
[19]First inserted by the Punjab Prohibition of Kite Flying (Amendment)
Act 2009 (XIV of 2009). This Act was originally promulgated as Ordinance XX of
2007; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance
was laid in the Assembly; and was enacted as Act XIV of 2009; now the
expression “or section 4-A” omitted by the Punjab Prohibition of Kite Flying
(Amendment) Act 2025 (IV of 2025).
[20]The expression “or section 4-A” was inserted by the Punjab Prohibition
of Kite Flying (Amendment) Act 2009 (XIV of 2009) (this Act was originally
promulgated as Ordinance XX of 2007; was given permanent life by PCO I of 2007;
however, consequent upon the judgment of the Supreme Court of Pakistan dated 31
July 2009, this Ordinance was laid in the Assembly; and was enacted as Act XIV
of 2009) and was omitted by the Punjab
Prohibition of Kite Flying (Amendment) Act 2025 (IV of 2025).
[21]Substituted
for the words “of kite flying” by the Punjab Prohibition of Kite Flying (Amendment)
Act 2009 (XIV of 2009). This Act was originally promulgated as Ordinance XX of
2007; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance
was laid in the Assembly; and was enacted as Act XIV of 2009.
[22]Proviso
omitted by the Punjab
Prohibition of Kite Flying (Amendment) Act 2009 (XIV of 2009). This Act was
originally promulgated as Ordinance XX of 2007; was given permanent life by PCO
I of 2007; however, consequent upon the judgment of the Supreme Court of
Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was
enacted as Act XIV of 2009.
[23]
The following section was inserted by the Punjab Prohibition of Kite Flying (Amendment)
Act 2009 (XIV of 2009) (this Act was originally promulgated as Ordinance XX of
2007; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance
was laid in the Assembly; and was enacted as Act XIV of 2009); and was omitted
by the Punjab Prohibition of Kite Flying
(Amendment) Act 2025 (IV of 2025):
“8-A. Rules.–
(1) The Government may make rules to carry out the purposes of the Ordinance.
(2) A person, who contravenes a provision of
the rules, shall be liable to imprisonment for a term not exceeding six months
or to fine not exceeding one hundred thousand rupees or both.”