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  "id": "punjab-code-2b58c91935c89669",
  "title": "INDECENT ADVERTISEMENTS PROHIBITION ACT, 1963",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UWRXYwEyUWY-",
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  "text": "THE INDECENT ADVERTISEMENTS PROHIBITION ACT, \r\n1963 \r\n(XII of 1963) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Prohibition against p erson advertising, displaying, etc., indecent \r\nadvertisements \r\n4. Penalty \r\n5. Confiscation of documents, etc., containing indecent advertisements \r\n6. Offences by companies \r\n7. Complaint by a police officer \r\n8. Jurisdiction to try offences \r\n9. Officers to be deemed to be public servants \r\n10. Indemnity \r\n11. Other laws not affected \r\n12. Power to exempt from application of Act \r\n13. Power to make rules \r\n14. Repeals \r\nTEXT \r\nTHE INDECENT ADVERTISEMENTS PROHIBITION ACT, 1963  \r\n(XII of 1963)  \r\n[22nd June, 1963]  \r\nAn \r\nAct \r\nto prohibit indecent advertisements \r\nWHEREAS it is expedient to provide for the prohibition of indecent \r\nadvertisements; \r\nAND WHEREAS  the national  interest of Pakistan in relation to the \r\nachievement of uniformity within the meaning of clause (2) of Article 131 of the \r\nConstitution requires Central legislation in the matter; \r\nIt is hereby enacted as follows:–  \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nIndecent Advertisements Prohibition Act, 1963.  \r\n(2) It extends to the whole of Pakistan.  \r\n(3) It shall come into force at once.  \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n(a) “advertisement” includes any notice, circular or other document, \r\ndisplayed on any house, building or wall, or published in any \r\nnewspaper or periodical, and any announcement made orally or by any \r\nmeans of producing or transmitting light or sound, but does not include \r\ntrade circulars issued by manufacturers of drugs to medical \r\npractitioners;  \r\n(b) “indecent” includes whatsoever may amount to any incentive to \r\nsensuality and excitement of impure thoughts in the mi nd of an \r\nordinary man of normal temperament, and has the tendency to deprave \r\nand corrupt those whose minds are open to such immoral influence, \r\nand which is deemed to be detrimental to public morals and calculated \r\nto produce pernicious effect, in depraving and debauching the minds of \r\npersons; \r\n(c) “taking any part in the publication of any advertisement” includes– \r\n(i) the writing, typing, stamping, drawing, announcing, printing or  \r\ntransmitting of the advertisement; \r\n(ii) the publication of any advertisement outside Pakistan by or at \r\nthe instance of a person residing in Pakistan;  \r\n(d) “public place” means any place where an advertisement can be seen \r\nor heard by members of the public.  \r\n3. Prohibition against person advertising, displaying, etc., indecent \r\nadvertisements.– Subject to the provisions of this Act– \r\n(i) no person shall take any part in the publication of any advertisement \r\nwhich is indecent; and  \r\n(ii) no person having the ownership, possession or control of any property \r\nor public place shall knowingly allow any advertisement which is \r\nindecent to be displayed on such property or place, or to be announced \r\ntherefrom.  \r\n4. Penalty.– Whoever contravenes any of the provisions of this Act shall, on \r\nconviction, be punishable– \r\n(a) in the case of a first conviction, with imprisonment which may extend to \r\nsix months, or with fine, or with both; and \r\n(b) in the case of any subsequent conviction , with imprisonment which \r\nmay extend to one year, or with fine, or with both. \r\n5. Confiscation of documents, etc., containing indecent advertisements .– \r\nAny person authorised by the \r\n1\r\n[Provincial Government] in this behalf ma y, at any \r\ntime, seize and detain any document, article or thing which such person has reason \r\nto believe contains any advertisement which contravenes any of the provisions of \r\nthis Act and the  court trying such contraventi on may direct that such document \r\n(including all copies thereof), article or thing shall be forfeited to the Government. \r\n6. Offences by companies.– (1) If the person contravening any of the \r\nprovisions of this Act is a company, every person who at the time t he offence was \r\ncommitted, was in charge of, and was responsible to, the company for the conduct of \r\nthe business of the company as well as the company shall be deemed to be guilty of \r\nthe contravention and shall be  liable to be proceeded against and punished  \r\naccordingly: \r\nProvided that nothing contained in this sub -section shall render any such \r\nperson liable to any punishment provided in this Act if he proves that the offence was \r\ncommitted without his knowledge or that he exercised all due diligence to prevent the \r\ncommission of such offence. \r\n(2) Notwithstanding anything contained in sub -section (1), where any \r\noffence under this Act has been committed by a company and it is proved that the \r\noffence was committed with the consent or connivance of, or is attributab le to any \r\nneglect on the part of, any director, manager, secretary or other officer of the \r\ncompany, such director, manager, secretary or other officer shall also be deemed to \r\nbe guilty of that offence and shall be liable to be proceeded against and punished \r\naccordingly. \r\nExplanation.– For the purposes of this section– \r\n(a) „company‟ means any body corporate and includes a firm or other \r\nassociation of individuals, and \r\n                                                 \r\n1Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ) Article 2 & Schedule \r\nw.e.f 1.8.1975; and    published in Gazette of Pakistan, (Extraordinary) Part-I. \r\n(b) „director‟ in relation to a firm means a partner in the firm. \r\n7. Complaint by a police of ficer.– Without prejudice to the right of any other \r\nperson to make a complaint of an offence under this Act, a police officer not below \r\nthe rank of sub -inspector who receives information that such an offence has been \r\ncommitted, shall, if he is satisfied as to the truth of the information, make a complaint \r\nof the offence in writing to the nearest Magistrate having jurisdiction. \r\n8. Jurisdiction to try offences .– No court inferior to that of a Magistrate of the \r\nfirst class shall try any offence punishable under this Act.   \r\n9. Officers to be deemed to be public servants .– Every person authorised \r\nunder section 5 shall be deemed to be a public servant within the meaning of section \r\n21 of the Pakistan Penal Code (Act XLV of 1860). \r\n10. Indemnity.– No suit, prosecutio n or other legal proceeding shall lie against \r\nany person for anything which is in good faith done or intended to be done under this \r\nAct.  \r\n11. Other laws not affected .– The provisions of this Act shall be in addition to, \r\nand not in derogation of, the provisions of any other law for the time being in force.  \r\n12. Power to exempt from application of Act .– lf, in the opinion of the  \r\n2\r\n[Provincial Government] , public interest so requires, it may, by notification in the \r\nofficial Gazette, direct that the provisions o f section 3 shall not apply, or shall apply \r\nsubject to such conditions  as may be specified in the notification, to, or in relation to, \r\nthe advertisement of any specified drug or class of drugs. \r\n13. Power to make rules .– The \r\n3\r\n[Provincial Government] may, by notification in \r\nthe official Gazette, make rules for carrying out the purposes of this Act. \r\n14. Repeals.– The Karachi Indecent Advertisement Prohibition Act, 1951(XXXVI \r\nof 1951), and the Punjab Suppression of Indecent Advertisement Act , 1941(Punjab \r\nAct VII of 1941),are hereby repealed. \r\n                                                 \r\n2Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) )  Article 2 & Schedule \r\nw.e.f 1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\n3Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) )  Article 2 & Schedule \r\nw.e.f 1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I.",
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