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 rumours calculated to cause public alarm whereby any person may be induced to commit an offence against public transquility 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, Beets,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;
(h) tend to incite wilful 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 disapprobation of any measures of the Government with a view to 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 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 (I) 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 l)e 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 80 kept.

ZG.Appcals.- (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; or 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 dats of its institution and pass such order, including an order awarding damages to the aggrieved party, as it may deem fit.

Posted on November 28, 2015 in Ethics And Libel

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