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PART
IV.-CONTROL OF PRINTING PRESSES AND NEWSPAPERS
23.
Forfeiture of copies:-(1) Whenever the Government is satisfied that
any book or newspaper contains words, signs or visible representations
which :-
(a)
Incite to the commission of the offence of murder or any other cognizable
offence involving violence;
(b)
amount to false rumors calculated to cause public alarm whereby any
person may be induced to commit an offence against public tranquility,
without reasonable ground to believe, or having taken reasonable precaution
to verify, that the information is correct; or
(c)
condemn the creation of Pakistan or advocate the curtailment or abolition
of the sovereignty of Pakistan in respect of all or any of the territories
lying within its borders; or
(d)
bring into hatred or contempt the government established by law in Pakistan
with the intent of causing defiance of the authority of such government;
or
(e)
are likely to create or excite feelings of enmity, ill-will or hatred
between the populations of the provinces or populations of any regions
or parts of Pakistan, or between different communities, religious denominations,
sects, classes, or sections of the citizens of Pakistan; or
(f)
are likely to damage relations between the Government of Pakistan and
the Government of any foreign state; or
(g)
tend to seduce any officer, soldier, sailor or airman in the Armed Forces
of Pakistan, or any police officer, from his allegiance to his duties
or to prejudice the discipline of such force or its member; or
(h)
tend to incite willful obstruction to public servants or servants of
a local authority in the discharge of their public duties.
the
Government may, by order published in the official Gazette, declare
that all copies of such book or paper, wherever found in the Province,
shall stand forfeited to the Government.
Explanation
1. - Comments expressing disappropriation of any measures of the Government
with a view of obtaining their alteration by lawful means shall not
be deemed to be of the nature described in clause (d).
Explanation
2. - Statements and comments made without malicious intention for the
purpose of helping or advocating progress of any Province, region or
part of Pakistan, or for the furtherance of the furtherance of the legitimate
interest of the population of any Province or region, community, religious
denomination, or sections of the citizens or for securing removal of
any factors tending to create enmity, ill-will or hatred, shall not
be deemed to be of the nature described in clause (e).
(2)
No order under sub-section (1) shall be published without giving the
affected person an opportunity of being heard :
Provided
that, in the case of an emergency, an interim order may be made under
the said sub-section and an opportunity of being heard may be afforded
as early as possible and the order may be confirmed or
withdrawn after such opportunity has been afforded.
24.
Maintenance of account, etc:- Every printer and publisher shall
maintain regular books of accounts showing all receipts, in cash or
kind, by or on behalf of the printing press or the newspaper, as the
case may be, and all expenditure incurred in connection with the running
and management thereof.
25.
Issue of search warrant:- Where copies of any book or paper are
declared forfeited to the Government under section 23, a District Magistrate
may issue a warrant empowering any police officer, not below the rank
of Sub-Inspector, to seize and retain any such book or paper and to
enter upon and search for such book or paper in any premises where any
copy of such book or paper is kept for sale, distribution, publication
or public exhibition or is reasonably suspected to be so kept.
26.
Appeals:-(1) Any person who has been refused authentication of a
declaration made under sub-section (1) of section 4, or of a declaration
made in pursuance of sub-section (2) or sub-section (3)
of section 9, or whose declaration has not been authenticated under
sub-section (2) of section 12, or any person having an interest in any
property in respect of which an order of forfeiture has been made under
section 23, or section 29, of section 30, or any person from whose possession
the property forfeited is recovered under section 25, may, within one
month from the date of such order or recovery of property, prefer an
appeal to the High Court within whose jurisdiction such order has been
passed or recovery has been effected.
(2)
The High Court shall, after giving notice to the appellant and the Government,
hear and dispose of the appeal within ninety days of its institution
and pass such order, including an order awarding damages to the aggrieved
party, as it may deem fit.
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