(W.P. Ordinance XV of 1969)
[30 July 1969 ]
An Ordinance to provide for the regulation and control of
printing and publication of books or works first published in a foreign country
Preamble.— WHEREAS it is expedient to provide for the regulation and
control of printing and publication of books or works first published in a
foreign country;
NOW,
THEREFORE, in pursuance of the Martial Law Proclamation of 25th March, 1969, read
with the Provisional Constitution Order, the Administrator of Martial Law, Zone
‘A’, in exercise of the powers of the Governor of West Pakistan conferred on
him by the Chief Martial Law Administrator, is pleased to make and promulgate
the following Ordinance:---
1. Short title, extent and commencement.— (1) This Ordinance may be called the West Pakistan
Publication of Books (Regulation and Control) Ordinance, 1969.
(3) It shall come into force at once.
2. Definitions.— (1) In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a) “book”
includes every volume, part or division of a volume, and pamphlet, in any
language, and every sheet of music, map, chart or plan, separately printed or
lithographed, but does not include a newspaper;
(c) “person” shall include the proprietors,
directors, managers, secretary or other officer or agent of a company or body
corporate;
(d) “prescribed”
means prescribed by rules made under this Ordinance; and
(e) “work”
means a literary work.
(2) Words and expressions used but not
defined in this Ordinance shall, unless the context otherwise requires, have
the meaning assigned to them in the West Pakistan Press and Publications
Ordinance, 1963 (W.P. Ord. XXX of 1963) and the Copyright Ordinance, 1962[4][4].
3. Restriction
on publication of certain books or works.— No person shall, except with the permission of
Government or such officer as may be specially empowered in this behalf by
Government, print or publish any book or work which is first printed or
published in any foreign country.
4. Application for permission.— (1) An application for permission to print or publish a
book or work shall be made in such manner and form and on payment of such fee
as may be prescribed.
(2) Government or the officer specially
empowered under section 3 shall refuse permission to print or publish a book or
work if the book or work is prejudicial to the national interest or culture.
5. Appeal.— (1) Any person aggrieved by an order made under sub-section
(2) of section 4, may, within thirty days from the date of such order,---
(a) prefer
an appeal to Government, if such order is passed by an officer specially empowered
under section 3; or
(b) apply
for a review to Government, if such order is passed by Government.
(2) Any order passed in appeal or review
under sub-section (1) shall be final and shall not be called in question in any
Court.
6. Exemption.— Government may, by notification in the
official Gazette, exempt any book or work from the provision of this Ordinance.
7. Penalty.— Any person contravening any provision
of this Ordinance shall be punishable with imprisonment which may extend to two
years, or with fine which may extend to one thousand rupees, or with both.
8. Forfeiture of the book or work.— Where a person is convicted of an offence under this
Ordinance, all copies of the book or work, in respect of which the offence has
been committed, wherever found shall stand forfeited to Government and any
Police Officer may seize the same wherever found in [5][5][the Province].
9. Cognizance and trial of offences.— (1) No Court shall take cognizance of an offence punishable
under this Ordinance, except on complaint in writing made by an officer
authorised for the purpose by Government.
(3) An offence under this Ordinance shall be
cognizable and non-bailable.
10. Bar to
jurisdiction of Civil Courts.—
No suit, prosecution or other legal proceeding shall lie against Government or
any person for anything which is, in good faith, done or intended to be done,
in pursuance of the provisions of this Ordinance.
11. Power to make rules.—
Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
[1][1]This
Ordinance was promulgated by the Administrator Martial Law, Zone ‘A’, on 25th
July, 1969; published in the West Pakistan Gazette (Extraordinary), dated 30th
July, 1969, pages 1167-69; saved by Article 281 of the Interim Constitution of
Pakistan (1972), and, validated by the Validation of Laws Act, 1975 (LXIII of
1975).
[2][2]Substituted,
for “the Province of West Pakistan , except the
Tribal Areas”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[5][5]Substituted, for “West Pakistan ”, by
the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
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