Ordinance No. XXVI of 2007.

An ORDINANCE to further amend
the Pakistan Electronic Media Regulatory Authority Ordinance, 2002.

WHEREAS it is expedient to further to amend the Pakistan Media Regulatory Authority Ordinance, 2002 (XIII of 2002), for the purposes hereinafter appearing;
AND WHEREAS the National Assembly is not in session and circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in the exercise of the powers conferred by clause (1) of
Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:-

1. Short title, extent and commencement.- (1) This Ordinance may be called the Pakistan Electronic Media Regulatory Authority (Amendment) Ordinance, 2007.

(2) It shall come into force at once.

2. Amendment of section 2, Ordinance XIII of 2002:- In the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002), Hereunder referred to as the said Ordinance, in section 2,-

(a) in clause (ha) for the letters “DTH” the letters and commas “DTH, IPTV, Mobile TV” shall be substituted; and

(b) for clause (j) the following shall be substituted, namely:-

(j) “Frequency” means the frequency of the electromagnetic waves measured in Hertz and used for transmission;”.

3. Amendment of section 4, Ordinance XIII of 2002.- In the said Ordinance, in section 4, sub-section (3) shall be omitted.

4. Amendment of section 20, Ordinance XIII of 2002.- In the said Ordinance, in section 20, in clause (d), after the word “rules” the words “and regulations” shall be inserted.

5. Amendment of section 23, Ordinance XIII of 2002. In the said Ordinance, in section 23, in sub-section (2) in the proviso, for the word “fare” the word “Fair” shall be substituted.

6. Amendment of Section 25, Ordinance XIII of 2002.- In the said Ordinance, in section 25, in claus e(d), after the word “organization” the words “including any foreign non-governmental organization” shall be added.

7. Amendment of section 27, Ordinance XIII of 2002.- In the said Ordinance, in section 27,-

(a) for the word “therefore,” the word “therefor” shall be substituted; and

(b) after the word “operator” the words “or owner” shall be inserted.

8. Amendment of section 28, Ordinance XIII of 2002.- In the said Ordinance, in section 28, in the marginal note, of the section for the word “of” the word “by” shall be substituted.

9. Amendment of section 29, Ordinance XIII of 2002,- In the said Ordinance, in section 29,-

(a) in sub-section (5), the proviso, for the full stop, at the end, a colon shall be substituted and thereafter the following further proviso shall be added, namely:-
“Provided further that he Authority or the Chairman may seize a broadcast or distribution service equipment or seal the premises which is operating illegally or in contravention of orders passed under section 30.”; and

(b) in sub-section (6), for the word “one” a word “ten” shall be substituted.

10. Amendment of section 30, Ordinance XIII of 2002.- In the said Ordinance, in section 30,-

(a) in sub section (1),-

(i) in clause (b), for the colon, at the end, a full stop shall be substituted; and
(ii) the proviso shall be omitted.

(b) in sub-section (3) the comma and word “, suspended” shall be omitted; and
(c) after sub-section (3) following new sub-section shall be added, namely:-

(4) License of a broadcast media may be suspended on any of the grounds specified in sub-section (1), by a duly constituted committee comprising members of the Authority.”

11. Insertion of section 39A, Ordinance XIII of 2002.- In the said Ordinance, after section 39, the following new section shall be inserted, namely:-
“39A. Power of the Authority to make regulations.- The Authority may by notification in the official Gazette, make regulations, not inconsistent with this Ordinance and the rules made thereunder, to provide for all matters for which provisions is necessary or expedient for carrying out the purpose of this Ordinance.”

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