W.P. Ordinance XV of 1969
30th 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.
(2) It shall extend to the whole of 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, but does not include a newspaper;
(b) “Government” means the Provincial Government;
(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 .
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 [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.
(2) No Court inferior to that of a magistrate of the first class shall try any offence under this Ordinance.
(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.