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  "text": "Page 1 of 10 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE PUBLICATION OF LAWS OF PAKISTAN ACT, 2016 \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n_____________ \r\n \r\n \r\n1. Short title, extent, commencement and application \r\n \r\n2. Definitions \r\n \r\n3. Registration of publishers \r\n \r\n4. Exemption from registration \r\n \r\n5. Maintenance of laws of Pakistan \r\n \r\n6. Laws of Pakistan Cell \r\n \r\n7. Powers and functions of the Cell \r\n \r\n8. Review of publications \r\n \r\n9. [Omitted] \r\n \r\n10. [Omitted] \r\n \r\n11. Constitution of appellate committee \r\n \r\n12. [Omitted] \r\n \r\n13. Disclosure of interest \r\n \r\n14. Recovery of dues \r\n \r\n15. Duties of publishers and booksellers \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 10 \r\n \r\n16. Disclaimer by the publisher \r\n \r\n17. Translation of the laws of Pakistan \r\n \r\n18. De­registration \r\n \r\n19. Penalty \r\n \r\n20. Offences \r\n \r\n21. Violations and offences by legal persons \r\n \r\n22. Jurisdiction to try offences \r\n \r\n23. Appeal \r\n \r\n24. Bar of jurisdiction \r\n \r\n25. Power to make rules \r\n \r\n26.  Removal of difficulty \r\n \r\n26A.   Indemnity \r\n \r\n27. Validation of actions etc. \r\n \r\n \r\n \r\n______________ \r\n  \r\n \r\nPage 3 of 10 \r\n \r\nTHE PUBLICATION OF LAWS OF PAKISTAN ACT, 2016 \r\n \r\nACT NO. XIII OF 2016 \r\n \r\n[28th March, 2016] \r\n \r\nAn Act to ensure publication of the text of the laws of Pakistan free from errors of \r\nreproduction, updating and printing \r\n \r\nWHEREAS it is expedient to provide for publication of the text of the laws of Pakistan free \r\nfrom errors of reproduction, updating and printing and to deal with ancillary matters; \r\n \r\nAND WHEREAS the Provincial Assemblies of Balochistan, Khyber Pakhtunkhwa, Punjab and \r\nSindh have passed Resolutions under Article 144 of the Constitution to the effect that Parliament may \r\nby law regulate the issue; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\n1. Short title, extent, commencement and application.—(1) This Act may be called the \r\nPublication of Laws of Pakistan Act, 2016, \r\n \r\n(2) It extends to the whole of Pakistan. \r\n \r\n(3) It shall come into force at once. \r\n \r\n(4) This Act shall not apply to publication of laws of Pakistan by the Federal Government, a \r\nProvincial Government, any House of Majlis­e­Shoora (Parliament) or a Provincial Assembly, but the \r\nGovernments and Legislatures shall maintain internal checks in order to ensure accuracy of the laws \r\npublished by them. \r\n \r\n2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\n1[(a) “administrative department” means the department of the respective Provincial \r\nGovernment to which business of this Act in the provincial domain stands \r\nallocated; \r\n(aa) “administrative division” means the Division of the Federal Government to which \r\nbusiness of this Act in the Federal domain stands allocated;] \r\n \r\n1[(ab)]  “bookseller” means a bookseller who predominantly sells law books, with or \r\nwithout commentary, containing laws of Pakistan; \r\n \r\n(b)  “Cell” means the Laws of Pakistan Cell 1[**] established under section 6: \r\n \r\n1[(ba) “Chairperson” means Chairperson of the concerned appellate Committee;] \r\n \r\n(c) 1[* * * * * * *] \r\n_________________________________________________________________________________ \r\n1Added, re-lettered, omitted and ins. by Act No. XXIII of 2022, s. 2. \r\n \r\n \r\nPage 4 of 10 \r\n \r\n(d)  “law of Pakistan” means a law passed under the Constitution of the Islamic \r\nRepublic of Pakistan, or by or under the authority of Majlis­e­Shoora \r\n(Parliament) or any of the Provincial Assemblies, which is published in the \r\nGazette of Pakistan or Gazette of any Province and includes principal and \r\nsubordinate legislation and any other statutory instrument which is published in \r\nthe Gazette of Pakistan or Gazette of any Province: \r\n \r\nProvided that the commentary portion of any law of Pakistan and \r\nreproduction by photocopy or scanning of any law of Pakistan shall be out of \r\nthe purview of this Act; \r\n \r\n1[(da) “member” means a member of the concerned appellate committee; \r\n \r\n(db) “person” shall have the same meaning as assigned thereto in section 11 of the \r\nPakistan Penal Code (Act XLV of 1860);] \r\n(e)  “prescribed” means prescribed by rules made under this Act; \r\n \r\n(f)  “public sector organization” means a concerned ministry, division, department, \r\nattached department, statutory body or an autonomous body of the Federal \r\nGovernment under the Rules of Business, 1973, a department, statutory body, \r\nan attached department or autonomous body of a Provincial Government under \r\nRules of Business of the respective Provincial Government, a local government \r\nand Supreme Court of Pakistan, Federal Shariat Court or a High Court to the \r\nextent of Rules and Orders published under the authority of the Supreme Court, \r\nFederal Shariat Court or a High Court; \r\n \r\n(g)  “publisher” means a natural person or a 1[legal] person who publishes or \r\nengages another publisher, within or outside Pakistan, for publishing any law of \r\nPakistan in the form of a book, booklet, pamphlet, journal, or in any electronic \r\nform; and \r\n \r\n(h)  “reviewer” means a person who reviews a law of Pakistan under this Act. \r\n \r\n3. Registration of publishers.—(1) A publisher shall not publish any law of Pakistan unless,— \r\n \r\n(a)  he is registered with the Cell; \r\n \r\n(b)  his proposed publication is reviewed by the Cell; and \r\n \r\n(c)  the Cell has certified that his proposed publication is accurate and updated till \r\nthe date of issuance of certificate 1[of accuracy]. \r\n \r\n(2) The Cell shall, on payment of prescribed fee and fulfillment of the prescribed conditions, \r\nregister a publisher. \r\n \r\n \r\n________________________________________________________________________________ \r\n1Ins. and subs. by Act No. XXIII of 2022, ss. 2 and 3. \r\n  \r\n \r\nPage 5 of 10 \r\n \r\n1[4.  Exemption from registration.—A public sector organization and legislature shall be \r\nexempt from registration under this Act but the head of the public sector organization or the secretary \r\nof the Senate or the National Assembly or a Provincial Assembly, as the case may be, shall ensure \r\naccuracy of the contents of a law of Pakistan published by the public sector organization or, as the case \r\nmay be, a legislature.] \r\n \r\n1[5.  Maintenance of Laws of Pakistan.—The administrative division and each administrative \r\ndepartment shall maintain authentic and updated version of laws of Pakistan relating to their respective \r\ndomain in hard and soft form along with translation thereof at least in Urdu language and shall ensure \r\nsafe custody thereof.] \r\n \r\n1[6. Laws of Pakistan Cel l.—There shall be in the administrative division and each \r\nadministrative department a Laws of Pakistan Cell in their respective domain which shall consist of \r\nsuch officers and staff members to be appointed as civil servants under the respective laws made \r\npursuant to Article 240 of the Constitution of the Islamic Republic of Pakistan for performance of their \r\nfunctions in accordance with the  provisions of this Act and the respective rule thereunder.] \r\n \r\n7. Powers and functions of the Cell.—The Cell shall,— \r\n \r\n(a)  register publishers of laws of Pakistan; \r\n \r\n(b)  regulate the publication of the standard translation of laws of Pakistan; \r\n \r\n(c)  review every proposed publication of a law of Pakistan; \r\n \r\n(d)  issue certificate of accuracy to the effect that the contents of a law of Pakistan \r\nsubmitted by a publisher are authentic, accurate and updated till date of such \r\ncertification; \r\n \r\n(e)  seize any unauthorized publication of a law of Pakistan which contains errors \r\nand destroy the same if, in the opinion of the Cell, the errors cannot be rectified; \r\n \r\n(f)  impose 1[administrative penalty]  as provided in section 19; \r\n \r\n(g)  de­register a publisher or initiate prosecution under this Act; \r\n \r\n(h) ensure that, after the commencement of this Act, no bookseller sells any \r\npublication containing a law of Pakistan which does not bear certificate of \r\naccuracy; and \r\n \r\n(i)  perform any other function which is incidental to 1[aforesaid] functions or as \r\nmay be prescribed. \r\n \r\n8. Review of publications.—(1) The Cell shall, on payment of a prescribed fee, review a \r\nproposed publication of a law of Pakistan submitted by a registered publisher and subject to rules, the \r\nCell shall, within the maximum period of 1[three months] from the date of submission of publication \r\nor payment of full fee, whichever is later, complete the review, correct errors and issue certificate of \r\naccuracy of the publication as on a specified date: \r\n \r\n_________________________________________________________________________________ \r\n1Subs. by Act No. XXIII of 2022, ss. 4-8. \r\n \r\nPage 6 of 10 \r\n \r\n  1[Provided that the administrative division or, as the case may be, the administrative department \r\nmay, for reasons to be recorded in writing, extend in its respective domain the said period for further \r\nthree months.]   \r\n \r\n(2) If text of a publication of a law of Pakistan includes other material like commentary, the \r\nCell shall only review the contents of the law of Pakistan and the certificate of accuracy shall also be \r\nconstrued to contain responsibility only to that extent. \r\n  \r\n(3) After review of a publication, the Cell shall retain the authenticated copy of the publication \r\nin safe custody and shall, subject to payment of remaining fee, if any, provide a copy of the \r\nauthenticated copy of the publication to publisher for publication. \r\n \r\n9.       1[Omitted] \r\n \r\n10.     1[Omitted] \r\n \r\n1[11. Constitution of appellate committee. —(1) The administrative division shall, by \r\nnotification in the official Gazette, constitute an appellate committee consisting of the following for \r\nperformance of its functions under this Act, including hearing appeals in its domain under section 23, \r\nnamely:— \r\n \r\nS. No. Person appointed or nominated Status \r\n1. Secretary of the administrative division or his \r\nnominee not below the rank of joint secretary or \r\nequivalent \r\nChairperson \r\n2. One representative from Printing Corporation of \r\nPakistan Press not below the rank of deputy secretary \r\nor equivalent \r\nMember \r\n \r\n \r\n3. One representative from the Pakistan Publishers and \r\nBook Sellers Association  \r\nMember \r\n4. One representative from National Archives of \r\nPakistan not below the rank of deputy secretary or \r\nequivalent  \r\nMember \r\n5. One representative from National Language \r\nPromotion Department not below the rank of deputy \r\nsecretary or equivalent \r\nMember \r\n6. An officer of drafting and legislation wing of the \r\nadministrative division not below the rank of deputy \r\nsecretary or equivalent  \r\nMember \r\n-cum- \r\nSecretary \r\n \r\n(2)  The administrative department may, by notification in the official Gazette, constitute an \r\nappellate committee for performance of its functions under this Act, including hearing appeals in its \r\ndomain under section 23. \r\n \r\n(3)  The administrative division may increase or decrease the number of members of the \r\nappellate committee under sub-section (1) as it may deem fit.  \r\n \r\n \r\n_________________________________________________________________________________ \r\n1Subs. and omitted by Act No. XXIII of 2022, ss. 8-11. \r\n \r\nPage 7 of 10 \r\n \r\n (4)  The appellate committee constituted under sub -section (1) or sub-section (2) may for the \r\npurpose of eliciting technical or expert view coopt any person for assistance without having any right \r\nto vote.  \r\n \r\n(5)  Decision of majority members of the appella te committee constituted under sub -section \r\n(1) or, as the case may be, sub -section (2) present and voting shall be construed as decision of the \r\nconcerned appellate committee.  \r\n \r\n(6)  One -half of its total members shall constitute quorum for a meeting of the  concerned \r\nappellate committee and a fraction thereof shall be counted as one. \r\n \r\n(7)  In absence of the Chairperson, the concerned appellate committee shall nominate from \r\namongst its members present a member to preside over the meeting.  \r\n \r\n(8)  The meetings of the concerned appellate committee shall be convened and conducted as \r\nmay be prescribed by respective rules.   \r\n  \r\n(9)  The administrative division or, as the case may be, the administrative department may issue \r\nguidelines to the Cell in its respective dom ain which shall be binding for corrective measures on \r\nefficient working of the Cell.] \r\n \r\n12. 1[Omitted] \r\n \r\n13. Disclosure of interest.—(1) If the Chairperson, 1[a member]  or any other employee, \r\nincluding an adviser, consultant, agent, actuary, valuator, lawyer, and auditor or the family of such a \r\nperson has, direct or indirect interest in any matter relating to financial transactions of the Cell or \r\n1[appellate]  committee, such person shall forthwith disclose that interest and the Cell or, as the case \r\nmay be, the 1[appellate]   committee, may take such action as it may consider appropriate. \r\n \r\n(2) Any person referred to in sub­section (1), if present in a meeting of the Cell or 1[appellate]   \r\ncommittee, shall forthwith disclose his interest and 1[recuse]  himself from the meeting during the \r\nconsideration of that matter. \r\n \r\n14. Recovery of dues.—Any amount due to the Cell may be recovered as arrears of land \r\nrevenue by an officer 1[of the Cell authorized for this purpose by the administrative division or,  as the \r\ncase may be, the administrative department ] and such officer shall exercise all powers of a collector \r\nfor recovery of the amount due. \r\n \r\n15. Duties of publishers and booksellers.—(1) A publisher may print a law of Pakistan in \r\noff­set, photostat, photo­block or any other modern system of printing including uploading on website \r\netc., but he shall not print it in litho process. \r\n \r\n(2) A publisher shall,— \r\n \r\n(a) 1[* * * * * * *] \r\n \r\n(b)  before submission to the Cell, get his specimen copy of the proposed publication \r\nof a law of Pakistan compared with the text of the Gazettes and official \r\npublication of laws of Pakistan, by a person 1[*******] trained in the job of \r\nproof reading of legal publications, and have a statement recorded in writing by \r\n \r\n_________________________________________________________________________________ \r\n1Omitted and subs. by Act No. XXIII of 2022, ss. 12-15. \r\n \r\nPage 8 of 10 \r\n \r\nsuch a person that the contents of the laws of Pakistan reproduced in the \r\npublication do not contain any error; and \r\n \r\n(c)  ensure that the cover page of every edition or publication of a law of Pakistan \r\nclearly bears the name and registration number of the publisher, the batch \r\nnumber of the publication, the name of the 1[printing] or database operator, and \r\nthe day, month and year till which it has been updated. \r\n \r\n(3) In addition to the duties specified in sub­section (2), the publisher shall, in case of laws of \r\nPakistan published after the commencement of this Act, print the certificate of accuracy relating to that \r\npublication on the title page of that publication. \r\n \r\n1[(3A) The publisher shall be bound to publish within two months the updated version of law \r\nof Pakistan containing all the amendments in respect of which a certificate of accuracy has been issued \r\nby the Cell and where a subsequent amendment is made after issuance of the certificate of accuracy in \r\nthe law of Pakistan, the publisher  shall be bound to seek within two  months of the  amendment fresh \r\ncertificate of accuracy for publishing the updated law of Pakistan within two months after issuance of \r\nthe fresh certificate of accuracy.] \r\n \r\n(4) A bookseller shall, after the commencement of this Act, return all publications containing \r\na law of Pakistan, to the publisher for printing the certificate of accuracy thereon. \r\n \r\n(5) After the commencement of this Act, a bookseller shall ensure that each procurement of a \r\npublication containing a law of Pakistan must bear a certificate of accuracy. \r\n \r\n16. Disclaimer by the publisher.—Any disclaimer given by the publisher in his publication \r\ncontaining a law of Pakistan shall not exonerate him from the civil and criminal liability created under \r\nthis Act. \r\n \r\n17. Translation of the laws of Pakistan.—(1) The Cell shall regulate the publication of \r\ntranslation of laws of Pakistan 2[in its respective domain] and issue guidelines, from time to time, for \r\nstandard translation of laws of Pakistan in Urdu and other Provincial languages of Pakistan. \r\n \r\n(2) All the provisions applicable to the laws of Pakistan under this Act and the rules made \r\nthereunder shall, in so far as may be practicable, also apply to the translations of the laws of Pakistan \r\nand the publications thereof. \r\n \r\n18. De­registration.—(1) The Cell may, in the prescribed manner, de­register a publisher \r\nthrough an order specifying reasons for the order. \r\n \r\n(2) The Cell shall not pass an order of de­registration of a publisher unless the publisher has \r\nbeen served a notice and afforded an opportunity of hearing. \r\n \r\n \r\n \r\n \r\n \r\n \r\n_________________________________________________________________________________ \r\n1Subs. and ins. by Act No. XXIII of 2022, ss. 15-16. \r\n \r\nPage 9 of 10 \r\n \r\n 1[19.  Penalty.— (1) If a person publishes or sells a law of Pakistan in violation of all or any of \r\nthe requirements under section 15, the Cell may, subject to notice and opportunity of hearing, direct \r\nthe person to pay a penalty of an amount which may extend to fifty thousand rupees. \r\n \r\n(2)  In case of recurring breach as specified in sub­section (1), the person shall be subject to a \r\npenalty which may extend to one hundred thousand rupees.] \r\n \r\n20. Offences.—(1) Any person who publishes a law of Pakistan without registration under this \r\nAct shall be punished with 1[*******] fine which may extend to three hundred thousand rupees \r\n1[*******]. \r\n \r\n(2) Any person who publishes a law of Pakistan without obtaining review and certificate of \r\naccuracy under this Act shall be punished with 1[*******] fine which may extend to one hundred \r\nthousand rupees. \r\n \r\n (3) 1[* * * * * * *] \r\n \r\n(4) All published copies of the laws of Pakistan, in respect of which the offence has been \r\ncommitted, shall be seized by the Cell. \r\n \r\n(5) The police shall act in aid of the Cell, as and when required by the Cell, for the purposes of \r\nthis Act. \r\n \r\n21. Violations and offences by 1[legal] persons.—If a person 1[is found guilty] for a violation \r\nunder section 19 or 1[is convicted for] an offence under section 20 is a company or other body corporate \r\nor a firm, every proprietor, director, general manager, secretary, partner or any other office bearer of \r\nthe company or body corporate or firm 1[by whatever name called ,] shall, unless he proves that the \r\nviolation or offence was committed without his knowledge or that he exercised all due diligence to \r\nprevent the violation or commission of the offence, be deemed to be accountable for such violation \r\n1[or] guilty of such offence. \r\n \r\n.22. Jurisdiction to try offences.—(1) Any 1[officer of the Cell with prior approva l of \r\nadministrative division or, as the case may be , administrative department] may, in respect of the \r\noffence committed under section 20, lodge a complaint with the Magistrate 1[of the] First Class in \r\nwhose jurisdiction the impugned publication has been published. \r\n \r\n(2) For any offence committed under section 20, the Magistrate 1[of the] First Class shall \r\nconduct a summary trial in accordance with the provisions of Code of Criminal Procedure, 1898 1[(Act \r\nV of 1898)]. \r\n \r\n23. Appeal.—Any person aggrieved by an order made by the Cell under section 19 may, within \r\nfifteen days of the date of receipt of the order, prefer an appeal to the 1[concerned appellate] committee \r\nand the decision of the 1[concerned appellate]  committee thereon shall be final. \r\n \r\n24. Bar of jurisdiction.—A civil court shall not entertain any suit or application against any \r\nproceedings before the Cell or 1[appellate] committee under this Act. \r\n \r\n \r\n_________________________________________________________________________________ \r\n1Subs., omitted and ins. by Act No. XXIII of 2022, ss. 17-22. \r\n \r\n \r\nPage 10 of 10 \r\n \r\n1[25.  Power to make rules. —The administrative division and the administrative department \r\nmay in their respective domain, by notification in the official Gazette, make rules for carrying out the \r\npurposes of this Act.] \r\n \r\n26. Removal of difficulty.—If any difficulty arises in giving effect to any of the provisions of \r\nthis Act, the President may make an order, not inconsistent with the provisions of this Act, for the \r\npurposes of removing the difficulty. \r\n \r\n1[26A. Indemnity.⎯No suit, prosecution or other legal proceedings shall lie against the \r\nFederal Government, the Provincial Governments, any officer of the Cell or any other person exercising \r\nany power or performing any function under this Act or the rules for anything which i s in good faith \r\ndone or intended to be done under this Act or the rules made thereunder.] \r\n \r\n27. Validation of actions etc.—Anything done, actions taken, orders passed, instruments \r\nmade, proceedings initiated, processes or communications issued, powers conferred, assumed, \r\nexercised by the Federal Government, Provincial Government, Cell or any of its officers, on and after \r\nthe 29th November, 2015 and before the commencement of this Act, shall be deemed to have been \r\nvalidly done, made, issued, taken, initiated, conferred, assumed, and exercised and the provisions of \r\nthis Act shall have, and shall be deemed always to have had, effect accordingly. \r\n \r\n \r\n \r\n_________________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nRGN Date: 31-07-2024 \r\n_______________________________________________________________________________ \r\n1Subs. and ins. by Act No. XXIII of 2022, ss. 23 and 24.",
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