WEST PAKISTAN PUBLICATION OF TEXTBOOKS (REGULATION AND CONTROL) ORDINANCE, 1970

^[1] THE WEST PAKISTAN PUBLICATION OF TEXTBOOKS (REGULATION AND CONTROL)

                                                                    ORDINANCE, 1970 ( XXVII of  1970)

[30^th June, 1970]

An

Ordinance

to provide for the regulation and control of printing, publication and sale of textbooks and works published by or under the authority of the West Pakistan Textbook Board;

Preamble.— WHEREAS it is expedient to provide for the regulation and control of printing, publication and sale of textbooks and works published by or under the authority of the West Pakistan Textbook Board;

NOW, THEREFORE, in pursuance of Martial Law Proclamation of 25th March, 1969 read with the Provisional Constitution Order and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan 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 Textbooks (Regulation and Control) Ordinance, 1970.

(2)             It shall extend to the whole of ^[2] [Pakistan].

(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 and also includes its translation in any language;

(b)             “Board” means the ^[3] [Textbook Board] established under the West Pakistan

Textbook Board Ordinance, 1962 (Ordinance No. XLI of 1962);

(c)              “Government” means ^[4] [Provincial Government];

(d)             “person” shall include the proprietor, director, manager, secretary or other officer or agent of a company or association or body of individuals whether incorporated or not;

(e)             “prescribed” means prescribed by rules made under this Ordinance;

(f)              “work” means a literary work;

(g)             “textbook” means a book or work which is printed, published or sold by or under the authority or with the permission of the ^[5] [Board].

(2)             Words and expressions used but not defined in this Ordinance shall, unless the context otherwise requires, have the meanings assigned to them in the West Pakistan Press and Publications Ordinance, 1963^[6] and the Copyright Ordinance, 1962⁷.

3.                Prohibitions.— (1) No person shall, except with the permission of the Board, or such officer as may be specially empowered in this behalf by the Board, print, publish, or sell any textbook ^[7][ * * * ].

(2)             An application for permission to print, publish, or sell a textbook shall be made in such manner and form and on the payment of such fee as may be prescribed.

4.                Offence.— Whoever contravenes the provisions of section 3 shall be punished with imprisonment of either description which may extend to one year or with fine or both.

5.                Forfeiture.— Where a person is convicted of an offence under this Ordinance, all copies of the ⁹[book purporting to be the] textbook in respect of which the offence has been committed, shall stand forfeited to the Board.

6.                Cognizance and trial.— (1) No court shall take cognizance of an offence punishable under this Ordinance except on report in writing made by an officer authorised for the purpose by the Board.

(2)             No court inferior to that of a magistrate of the first class shall try an offence under this Ordinance.

(3)             An offence under this Ordinance shall be cognizable and non-bailable.

7.                Indemnity.— No suit, prosecution or other legal proceedings shall lie against the Board or any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance.

8.                Exemption.— Government may, on the recommendation of the Board, by a notification in official Gazette, exempt any textbook from all or any of the provisions of this Ordinance.

9.                Power to make rules.— Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

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[1] This Ordinance was promulgated by the Governor of West Pakistan on 30th June, 1970; published in the West Pakistan Gazette (Extraordinary), dated 30th June, 1970, pages 1615-1617; saved by Article 281 of the Interim Constitution of the Islamic Republic of Pakistan (1972); and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).

[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).

[3] Substituted ibid., for “West Pakistan Text Book Board”.

[4] Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “Government of West Pakistan”.

[5] Substituted ibid., for “West Pakistan Textbook Board”.

[6] W.P. Ord XXX of 1963. 7 Ord. XXXIV of 1962.

[7] The words “which is or has been printed, published or sold by or under authority or with the permission of the Board”, deleted by the West Pakistan Publication of Text Books (Regulation and Control) (Punjab Amendment) Ordinance, 1971 (VI of 1971). 9 Inserted ibid.