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THE SECURITY OF PAKISTAN ACT, 1952
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Restrictions on the movements of suspected persons and their detention
3A. Temporary release of persons detained
3B. Execution of detention order
3C. Detention orders not to be invalid or inoperative on certain grounds
4. Powers of photographing, etc., persons
5. Omitted
6. Communication of grounds of order
6A. Reference to Board and its procedure
7. Omitted
8. Omitted
9. Omitted
10. Control of subversive associations
11. Control of information
11A. Control of certain undertakings and sale of shares, etc.
11B. Removal of control and possession, etc.
11C. Payment of sale price, etc.
Page 1 of 15
12. Regulation of publication of certain matters
13. Penalties
14. Cognizance of offences
15. Procedure for the trial of offences
16. Offences to be cognizable and non-bailable
17. Bar of jurisdiction of Courts
18. Omitted
19. Power to make rules
20. Omitted
Page 2 of 15
THE SECURITY OF PAKISTAN ACT, 1952
1
ACT NO. XXXV OF 1952
[5th May, 1952]
An Act to provide for special measures to deal with persons acting in a manner prejudicial to the
defence, external affairs and security of Pakistan, 2[* * *], 3[* * *]
WHEREAS it is expedient to provide for special measures to deal with persons acting in a
manner prejudicial to the defence, external affairs and security of Pakistan, 2[* * *], 3[* * *];
It is hereby enacted as follows:___
1. Short title, extent and commencement.___ (1) This Act may be called the Security of
Pakistan Act, 1952.
(2) It extends to the whole of Pakistan.
4
[(3) It shall come into force at once 5[* * *].
6
[2. Definitions.___In this Act, unless there is anything repugnant in the subject or context,___
7
[(a) ‘Board’ means the Review Board referred to in clause (4) of Article 10 of the
Constitution which is appointed by the Chief Justice of Pakistan and consists
of a Chairman and two other persons, each of whom is or has been a Judge of
the Supreme Court or a High Court;]
(b) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
(c) “document” includes any painting, drawing, photograph or other visible
representation and gramophone records, sound tracks and any other article on
which sounds have been recorded with a view to their subsequent reproduction
; and
1
The Act has been applied to___
(i) Baluchistan, with effect on and from the 6th May, 1952, see Gazette of P., 1952, Pt. I, page 119, extended to the Leased Areas of Baluchistan, by the
Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950) and to applied in the Federated Areas of Baluchistan, see Gazette of Pakistan, 1953, Pt. I, page
152, and
It has also been extended to___
(ii) the Baluchistan States Union, by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953) ; and
(iii) Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953).
In this Act references to detention order to an Advisory Board shall be of no effect (with effect from the 7th October, 1958), see the President's Order
(Post-Proclamation) No. I of 1958, Art. 4 and Sch.
The Act has been and shall be deemed to have been brought into force in Gwadur with effect from 8th September, 1958, by the Gwadur (Application of
Central Laws) Ordinance, 1960 (Ordinance No. XXXVII of 1960), S. 2, see also Martial Law Regulation No. 72.
2
Omitted by the Adaptation (Security Laws) Order, 1956 (P.O. No. VIII of 1956), Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
3
Omitted by the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965), s. 3 and 2nd Sch.
4
Subs. and shall be deemed to have been subs. by Act No. XIII of 1958, s. 2.
5
Omitted by Ordinance No. XXIII of 1961, s. 2.
6
Subs. by Act No. XIV of 1965, s. 2.
7
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
Page 3 of 15
(d) “press” includes a printing press and all machines, implements and plant and
parts thereof and all materials used for multiplying documents.]
3. Restrictions on the movements of suspected persons and their detention.___ (1) The
1
[Federal Government] if satisfied with respect to any particular person, that, with a view to
preventing him from acting in any manner prejudicial to the defence or the external affairs or the
security of Pakistan, or any part thereof 2[* * *], 3[* * *], it is necessary so to do, may
make an order___
(a) directing such person to remove himself from Pakistan in such manner, before
such time, and by such route, as may be specified in the order;
(b) directing that he be detained 4[:]
1
[Provided that, within a period of twenty-four months commencing on the day of his first
detention in pursuance of an order made under this clause, no person, other than a person who for the
time being is an enemy alien or who is employed by, or works for, or acts on instructions received
from, the enemy, or who is acting or attempting to act in a manner prejudicial to the integrity,
security or defence of Pakistan or any part thereof or who commits or attempts to commit any act
which amounts to an anti-national activity as defined in a Federal law or is a member of any
association which has for its objects, or which indulges in, any such anti-national activity, shall be
detained in pursuance of any such order for more than a total period of eight months in the case of a
person detained for acting in a manner prejudicial to public order and twelve months in any other
case.]
(c) directing that, except in so far as may be permitted by the provisions of the
order, or by such authority or person as may be specified therein, he shall not
be in any such area or place as may be specified in the order;
(d) requiring him to reside or remain in such place or within such area in Pakistan
as may be specified in the order, and if he is not already there, to proceed to
that place or area within such time as may be specified in the order ;
(e) requiring him to notify his movements or to report himself or both to notify his
movements and report himself in such manner, at such times, and to such
authority or person, as may be specified in the order ;
(f) requiring him to conduct himself in such manner, abstain from such acts, or
take such order with any property in his possession or under his control, as
may be specified in the order ;
1
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
2
Omitted by the Adaption (Security Laws) Order, 1956 (P.O. No. VIII of 1956), Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
3
Omitted by the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965), s. 3 and 2nd Sch.
4
Subs. by the Preventive Detention Laws (Amendment) Act, 1962 (Act No. IV of 1962), s. 2.
Page 4 of 15
1
[* * * * * * *]
(h) prohibiting or restricting the 1[* * *] use by him of any such article or
articles as may be specified in the order :
Provided that no order shall be made under clause (a) of this sub-section in respect of any
person who is or is deemed to be a citizen of Pakistan under the law for the time being in force.
(2) An order made under sub-section (1) may require the person in respect of whom it is
made to enter into a bond, with or without sureties, for the due performance of, or as an alternative to
the enforcement of, such restrictions or conditions made in the order as may be specified in the order.
(3) If any person is in any area or place in contravention of an order made under sub-section
(1), or fails to leave any area or place in accordance with the requirements of such an order, then,
without prejudice to the provisions of sub-section (5) of this section, he may be removed from such
area or place by any police officer or by any person authorised by the 2[Federal Government] in this
behalf.
(4) So long as there is in force in respect of any person an order under clause (b) of
sub-section (1) directing that he be detained, he shall be liable to be detained in such place 2[as the
Board may determine] and under such conditions, including conditions as to 2[*] discipline and
punishment of offences and breaches of discipline, as the 2[Federal Government] may from time to
time specify.
(5) If the 3[Federal] or Provincial Government has reason to believe that a person in respect of
whom an order as aforesaid has been made directing that he be detained, has absconded or is
concealing himself so that such order cannot be executed, that Government may___
(a) make a report in writing to a Magistrate of the First Class having jurisdiction
in the place where the said person ordinarily resides; and thereupon the
provisions of Sections 87, 88 and 89 of the Code (Act V of 1898) shall apply
in respect of the said person and his property as if the order directing that he
be detained were a warrant issued by the Magistrate;
(b) by order notified in the official Gazette direct the said person to appear before
such officer, at such place, and within such period, as may be specified in the
order ; and if the said person fails to comply with such direction he shall,
unless he proves that it was not possible for him to comply therewith and that
he had within the period specified in the order informed the officer of the
reason which rendered compliance therewith impossible and of his
whereabouts, be punishable with imprisonment for a term which may extend
to three years, or with fine, or with both.
1
Omitted by Act No. XIII of 1958, s. 4.
2
Ins. and omitted by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
3
Subs. by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), s. 2 and Table.
Page 5 of 15
(6) If any person contravenes any order made under this section, he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with both, and if such
person has entered into a bond in pursuance of the provisions of sub-section (2), his bond shall be
forfeited.
(7) An order made under this section 1[* * *] 2[shall subject to the provisions of 3[Section
6A]] remain in force for such period as may be specified in the order 4[and if, before its expiration,
the period is extended by the 5[Federal Government] for such extended period] 6* * *:
6
[* * * * * * *]
3
[* * * * * * *]
1
[* * * * * * *]
3
[(9) The revocation, otherwise than on the recommendation of the Board, of an order made
under clause (b) of sub-section (1) against any person, or the expiry of any such order, shall not bar
the making, against the same person and on the same grounds, of a fresh order under that clause :
Provided that a person shall not be detained under successive orders on the same grounds for
a period exceeding three months in the aggregate unless the Board has reported before the expiration
of the said period that there is, in its opinion, sufficient cause for such detention.
Explanation.___ In computing the aggregate period of three months, there shall be excluded
any period for which the person concerned has been detained with the authority of the Board under
Section 6A.]
6
[3A. Temporary release of persons detained.___ (1) The 5[Federal Government] may at any
time direct that any person detained in pursuance of a detention order may be released for any
specified period either without conditions or upon such conditions specified in the direction as that
person accepts, and may at any time cancel his release.
(2) In directing the release of any person under sub-section (1), the 5[Federal Government]
may require him to enter into a bond with or without sureties for the due observance of the
conditions specified in the direction.
(3) Any person released under sub-section (1) shall surrender himself at the time and place,
and to the authority, specified in the order directing his release or cancelling his release, as the case
may be.
1
Omitted and shall be deemed to have been so omitted on the 10th day of October, 1958, by Ordinance No. XXXIX of 1959, s. 2.
2
Subs. by the Preventive Detention Laws (Amendment) Act, 1962 (Act No. IV of 1962), s. 2.
3
Subs. and omitted by Act No. XIV of 1965, s. 3.
4
Added by Ordinance No. IX of 1965, s. 2.
5
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
6
Omitted and ins. by Act No. XIII of 1958, ss. 4, 5 and 6.
Page 6 of 15
(4) If any person fails without sufficient cause to surrender himself in the manner specified in
sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years
or with fine or with both.
(5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed
upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to
be forfeited and any person bound thereby shall be liable to pay the penalty thereof.
3B. Execution of detention order.―A detention order may be executed at any place in
Pakistan in the manner provided for the execution of warrants of arrest under the Code of Criminal
Procedure, 1898 (Act V of 1898).
3C. Detention orders not to be invalid or inoperative on certain grounds.―No detention
order shall be invalid or inoperative merely by reason :
(a) that the person to be detained thereunder is outside the limits of the territorial
jurisdiction of the Government or officer making the order, or
(b) that the place of detention of such persons is outside the said limits.]
4. Powers of photographing, etc., persons.___ (1) The 1[Federal Government] or the
Provincial Government may, by order, direct that any person, in respect of whom an order has been
made under sub-section (1) of Section 3, shall____
(a) allow himself to be photographed and allow his finger and thumb impression
to be taken by an officer specified in the order,
(b) furnish specimens of his handwriting and signature, and
(c) attend at such time and place before such authority or persons as may be
specified in the order for all or any of the purposes mentioned in this
sub-section.
(2) If any person contravenes any order made under this section, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with both.
5. 2[Omitted]
1
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
2
Omitted and shall be deemed to have been so omitted on the 10th day of October, 1958, by Ordinance No. XXXIX of 1959, s. 3.
Page 7 of 15
1
[6. Communication of grounds of order.___ 2[(1)] In every case where an order has been
made under sub-section (1) of section 3 or under section 10, section 11 3[or section 11A], the
authority making the order shall, as soon as may be, but 2[subject to the provisions of sub-section
(2)], communicate to the person or association affected thereby the grounds on which the order has
been made to enable him or it to make representation in writing against the order, and it shall be the
duty of such authority to inform such person or association of his or its right of making such repre-
sentation and to afford him or it the earliest opportunity of doing so:
Provided that nothing in this section shall require the authority to disclose the facts which it
considers to be against the public interest to disclose.]
2
[(2) In the case of an order made under clause (b) of sub-section (1) of section 3, the
authority making the order shall, except where the 4[Federal Government] in the interest of the
security of Pakistan, directs otherwise, inform the person detained under that order of the grounds of
his detention at the time he is detained or as soon thereafter as is practicable, but not later than fifteen
days from the date of detention.]
3
[6A. Reference to Board and its procedure.___ 4[(1) A person shall not be detained under
an order made under clause (b) of sub-section (1) of section 3 for a period exceeding three months
unless the Board, to which a reference shall be made by the Federal Government, has reviewed his
case and reported, before the expiration of the said period, that there is, in its opinion, sufficient
cause for such detention, and, if the detention is continued after the said period of three months,
unless the Board has reviewed his case and reported, before the expiration of each period of three
months, that there is, in its opinion, sufficient cause for such detention.]
(2) A person affected by an order under clause (b) of sub-section (1) of Section 3 shall be
entitled to be heard in person by the Board and to consult, in the presence of an officer nominated by
the 4[Federal Government], but not to be represented before the Board by, a legal practitioner.
(3) The Board upon a reference made to it under sub-section (1) shall, after considering the
material placed before it and calling for such further information as it may require from the 4[Federal
Government], submit a report together with its recommendations to the 4[Federal Government].
(4) All proceedings of the Board shall be secret.]
7. 5[Omitted]
8. 5[Omitted]
9. 6[Omitted]
__
1
Subs. by Act No. XIII of 1958, s. 7.
2
Renumbered, subs. and added by the Preventive Detention Laws (Amendment) Act, 1962 (Act No. IV of 1962), s. 2.
3
Subs. by Act No. XIV of 1965, ss. 4 and 5.
4
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
5
Omitted and shall be deemed to have been so omitted on the 10th day of October, 1958, by Ordinance No. XXXIX of 1959, s. 3.
6
Omitted by the Adaptation (Security Laws) Order 1956 (P. 0. No. VIII of 1956), Art. 2 and Sch. (with effect from the 23rd March, 1956).
Page 8 of 15
1
[10. Control of subversive associations.___(1) Notwithstanding anything contained in the
Political Parties Act, 1962 (Act III of 1962), or in any other law for the time being in force, where
the 2[Federal Government] is satisfied with respect to any association that there is danger that the
association may act in a manner or be used for purposes prejudicial to the defence or external affairs
or the security of Pakistan or of any part thereof, it may, by written or notified order, direct the
association to suspend its activities for such period not exceeding three months as may be specified
in the order.
(2) Where an order under sub-section (1) is in force in respect of an association, any officer
authorised by the 2[Federal Government] in this behalf may enter upon and search any premises used
for the purposes of the association and take possession of any document belonging to or in the
custody of the association which in his opinion may be used for purposes prejudicial to the defence
or external affairs or the security of Pakistan.
(3) Where an order has been made in respect of an association under sub-section (1), the
2
[Federal Government] may, by written or notified order, direct that no funds or other property of the
association shall be used, transferred or otherwise disposed of, or in any manner dealt with, so long
as the order under sub-section (1) remains in force.
(4) Where an order under sub-section (3) has been made in respect of an association, all
claims of the employees or creditors of the association, or of any other person, on the association or
on the funds or property thereof, shall remain suspended, and the commencement or continuance of
all actions and proceedings relating to such claim shall be stayed, for so long as the order remains in
force.
(5) For the purposes of any suit, appeal or application by or against an association in respect
of which an order under sub-section (3) has been made, the period during which the order remains in
force shall, notwithstanding anything contained in the limitation Act, 1908 (IX of 1908), be excluded
in computing the period of limitation.
(6) No person shall so long as an order under sub-section (1) in respect of any association
remains in force___
(a) manage or assist in managing the association ;
(b) promote or assist in promoting a meeting of any members of the association,
or attend any such meeting in any capacity ;
(c) publish any notice or advertisement relating to any such meeting;
(d) invite persons to support the association ; or
(e) otherwise in any way assist the operation of the association.
(7) A copy of an order under this section shall be served on the president, chairman, secretary
or other officer or person concerned with the management of the affairs of the association by
whatever name called, or by leaving it or sending it by post to the association at the last known
address of its principal office.
(8) Whoever contravenes an order made under this section shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with both.]
1
Subs. by Act No. XIV of 1965, s. 6.
2
Subs. by the Preventive Detention Laws (Amendment) Act 1975, (Act No. XLIV of 1975), s. 2.
Page 9 of 15
11. Control of information.___ (1) Where in the opinion of the 1[Federal Government], any
document made, printed or published contains any news, report or information likely to endanger the
defence or external affairs or security of Pakistan or any part thereof 2[* * *] 3[* * *], it may, by
written order___
(a) require the editor, printer, publisher or person in possession of such document
to inform the authority specified in the order of the name and address of any
person concerned in the supply and communication of such news, report or
information, as the case may be ;
(b) require the delivery to an authority specified in the order of any document
connected with the news, report or information referred to in clause (a) ;
(c) prohibit the further publication of such news, report or information, and the
sale and distribution of such document ;
(d) declare such document and every copy or translation thereof or extract
therefrom to be forfeited to Government.
(2) Where in pursuance of clause (b) of sub-section (1) any document is required to be
delivered to a specified authority, that authority or any police officer may enter upon and search any
premises whereon or wherein such document or any copy thereof is or is believed to be.
(3) Where in pursuance of clause (d) of sub-section (1) any document has been declared to be
forfeited to Government, any police officer may seize any copy thereof wherever found in Pakistan,
and any Magistrate may by warrant authorise any police officer not below the rank of Sub-Inspector
to enter upon and search any premises whereon or wherein such document, or any copy thereof is or
is believed to be.
4
[* * * * * * *]
4
[11A. Control of certain undertakings and sale of shares, etc.___ (1) Where the 1[Federal
Government] is of the opinion that any undertaking is being used, whether with the aid of funds from
foreign sources or otherwise, or is likely to be used, for the purpose of making, printing, publishing
or otherwise disseminating news, reports or information, likely to endanger the defence, the external
affairs or the security of Pakistan, or any part thereof, or for the purpose of promoting such interests
of any foreign State as are in conflict with the interests of Pakistan, it may, by order, remove the
owner or, if there be more than one, all or any of them, and, in the case of a company, all or any of
the directors, managing directors, managing agents or any other person, from the control or
management of such undertaking, and appoint a person to take possession of the whole or any part of
the undertaking or its property, movable or immovable, and exercise such powers and perform such
duties, including, in the case of a company, all or any of the powers or duties of the Board of
Directors, as may be set down in the order, and such appointment may at any time be revoked, and a
fresh appointment made on such conditions and with such limitations as the 1[Federal Government]
may determine.
1
Subs. by the Preventive Detention Laws (Amendment) Act, 1975, (Act No. XLIV of 1975), s. 2.
2
Omitted by the Adaptation (Security Laws) Order, 1956 (P.O. No. VIII of 1956), Art. 2 and Sch. (w.e.f. the 23rd March, 1956).
3
Omitted by the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965), s. 3 and 2nd Sch.
4
Omitted and ins. by Ordinance No. XIV of 1961, ss. 3 and 4 (w.e.f. from the 16th April, 1959).
Page 10 of 15
(2) Where an order has been made under sub-section (1), the 1[Federal Government], or any
authority or person authorized by it in this behalf, shall, as soon as possible, make arrangements to
transfer, subject to such conditions as may be deemed fit, and transfer, by way of sale, in any manner
considered expedient, any right, title or interest in the undertaking, or if the undertaking be a
company in the shares thereof, of any director or shareholder to any other person not acting for or on
behalf of or in collusion with such director or shareholder.
(3) Every sale under sub-section (2) shall be subject to confirmation by the 1[Federal
Government], and such confirmation shall be notified in the official Gazette.
(4) If such undertaking as aforesaid be a company, the 1[Federal Government] may give a
direction that the shares held by every or any director or shareholder shall be seized wherever the
shares may be, for sale under sub-section (2), in such manner that such director or shareholder shall
effectively cease to hold them.
(5) Where possession has been taken under sub-section (1), or a direction has been given in
pursuance of sub-section (4), any police officer may seize any property of the undertaking or the
shares thereof, or any document relating thereto, found any where in Pakistan, and any Magistrate
may, by warrant, authorize any police officer not below the rank of Sub-Inspector, to enter upon and
search for any such property, share or document in any premises where the same may be or may
reasonably be suspected to be.
(6) The 1[Federal Government] or any authority or person authorized by it in this behalf, may,
by order, make such arrangements as may be considered expedient to ensure that the continuity of
the functioning of the undertaking affected by an order under sub-section (1) is not interrupted
during the period between the date of such order and the date on which the person appointed under
sub-section (1) makes over the control and management of the undertaking under sub-section (5) of
section 11B, and any expenditure incurred in connection with such arrangements, including the
remuneration of any person or persons, shall be met as the expenses of the undertaking.
(7) If within fourteen days of the promulgation of 2[the security of Pakistan (Amendment)
Ordinance, 1961], or the publication of a notification under sub-section (3), the persons whose right,
title or interest has been transferred by sale, or the person to whom the sale has been made, makes to
the 1[Federal Government] a representation against the sale, the 1[Federal Government] after perusal
of the record, may, subject to such condition as it may deem fit to impose, set aside the sale and
order a fresh sale.
Explanation (I).___ A fresh sale under this sub-section shall be deemed to be a sale under sub-
section (2).
Explanation (II).___ The 1[Federal Government] shall not be bound to hear any of the parties
or their counsel or agent, or to examine any witness or document, before making an order under this
sub-section.
(8) Before a sale is set aside under sub-section (7), the 1[Federal Government] may require
the person making the representation to pay an amount sufficient to meet the expenses of the sale,
and to forfeit to the 1[Federal Government] such other amount, not exceeding twenty-five per cent of
the sale price, as may be determined by the 1[Federal Government].
1
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
2
Subs. by the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965), s. 3 and 2nd Sch.
Page 11 of 15
(9) If the purchaser fails to pay the full price of the sale, the property may be resold, and any
deficiency which may happen on resale and all expenses attending such resale may be recovered
from him.
(10) Any amount payable under this section, whether as unpaid price, or as forfeiture or
otherwise, if not paid within the time specified, if any, shall be recoverable as arrears of land
revenue.
(11) The sale shall be complete after all proceedings under this section relating to sale or
resale, as the case may be, have been concluded and all sums due from the purchaser in whose favour
the sale has been concluded have been paid by or recovered from him.
11B. Removal of control and possession, etc.___ (1) On the completion of sale the 1[Federal
Government] or the authority or persons, as the case may be, arranging the sale shall deliver
possession of the property, or in the case of shares, of the certificates relating thereto, to the
purchaser, supported by a sale certificate.
(2) If in consequence of the action taken under sub-section (1) of Section 11A, the Board of
Directors of a company has ceased to function, the person appointed thereunder shall, immediately
after the delivery of possession under sub-section (1), call, notwithstanding anything to the contrary
in the Companies Act, 1913, or the constitution of the company, by public advertisement, a general
meeting of the company to be held under his chairmanship, for the purpose of electing directors.
(3) A meeting called under sub-section (2) shall, as far as practicable, be held and conducted
in accordance with the Articles of Association of the company.
(4) On the conclusion of a meeting held under this section, a record of the proceedings shall
be made and certified by the Chairman, and such certificate shall be conclusive proof of the directors
named therein having been validly appointed.
(5) Immediately after the record of proceedings is certified under sub-section (4), the control
and management of the company shall be made over to the directors.
11C. Payment of sale price, etc.___ (1) Any amount realized as price from a sale, or from a
fresh, sale as the case may be, under section 11A, shall, after deducting the expenses of the sale, be
paid, within such time as may be specified by the 1[Federal Government], to the person whose right,
title or interest has been transferred by such sale.
(2) Where the shares of more than one person have been sold in a single lot, the amount
payable shall, with the shareholder’s consent, be paid to them against a joint discharge, and in the
absence of such consent the amount shall be paid to each shareholder in proportion to the paid
amount of his shares.
(3) If the person to whom any right, title or interest, is transferred under section 11A, has
deposited any moneys before the sale to him is set aside, the amount so deposited or paid shall, after
deducting the amount if any, due from such person under any of the provisions thereof, be refunded
to him, and thereupon all documents executed and endorsements made in his favour shall stand
cancelled.
1
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
Page 12 of 15
(4) Where, in order to effect the transfer of any property, instrument or share, any document
or endorsement is required to be executed or made by a person whose right, title or interest, is
transferred, the 1[Federal Government] or any authority or person authorized by it in this behalf,
may, execute such document or make such endorsement, and any document so executed and
endorsement so made shall be deemed to have been executed and made by the person whose right,
title or interest is so transferred and shall be conclusive proof of such transfer for all purposes.
(5) In this section, and in Section 11A, the expression “expenses of the sale” shall include
expenditure incurred in connection with any dispute arising out of the sale, and such other
expenditure as the 1[Federal Government] may determine to be such expenses.
(6) The provisions of this section and Sections 11A and 11B shall have effect
notwithstanding anything to the contrary contained in any law other than this Act, or in any
instrument, deed or document.
(7) For the removal of doubt it is hereby declared that where a person appointed under
sub-section (1) of Section 11A is required to exercise the powers or perform the duties of the Board
of Directors of a company, the provisions of the Companies Act, 1913 (VII of 1913), shall, as
respects duties not expressly set forth in the order under sub-section (1) of Section 11A, not apply to
him.]
2
[12. Regulation of publication of certain matters.___ (1) Where the 1[Federal Government]
is satisfied that in the interest of the defence, the external affairs or the security of Pakistan it is
necessary so to do, the 1[Federal Government] or any authority empowered by it In this behalf may,
by order addressed to a printer, publisher or editor, or printers, publishers or editors generally,
require that all matter relating to a particular subject or class of subjects affecting the defence, the
external affairs or the security of Pakistan shall, before being published in any document or class of
documents, be submitted for scrutiny to any authority specified in the order, who shall, within
seventy two hours of its submission, either approve of 3[its publication or if it is satisfied that It is
likely to prejudicially affect the defence, the external affairs or the security of Pakistan, prohibit it];
and no matter the publication whereof has been so prohibited shall be published.
(2) Any person affected by an order under sub-section (1) prohibiting the publication of any
matter may, within seven days of the communication of the order, appeal against it 3[* * *] to the
District Judge of the district in which such person resides :
Provided that where appeals against the same order have been made by persons who reside
in different districts all such appeal shall be 3[preferred] to the senior of the District Judges of such
districts.
Explanation.___ A person shall be deemed to reside in the district in which he ordinarily
resides or carries on business or personally works for gain.
(3) The District Judge to whom 3[an appeal] has been made under sub-section (2) shall, after
giving the appellant an opportunity of being heard, consider the appeal as speedily as possible and
3
[pass such orders thereon as he may deem fit; and the orders shall be final].
1
Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
2
Subs. by Act No. XIV of 1965, s. 7.
3
Subs. and omitted by Ordinance No. XV of 1985, s. 2.
Page 13 of 15
(4) If any person contravenes any order made under sub-section (1), then, without prejudice
to any other proceedings which may be taken against such person, the 1[Federal Government] may
declare to be forfeited to Government every copy of any document published or made in con-
travention of such order and any press used in the making of such document].
13. Penalties.―If any one contravenes any of the provisions of Section 11 or 12 he shall be
punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
14. Cognizance of offences.___ (1) No Court shall take cognizance of any offence under this
Act, except on a report in writing by a public servant as defined in section 21 of the Pakistan Penal
Code (XLV of 1860)
(2) Proceedings in respect of an offence under this Act alleged to have been committed by
any person may be taken before the appropriate Court having jurisdiction in the place where that
person is for the time being or where the offence or any part thereof was committed.
(3) Notwithstanding anything contained in the Code an offence under this Act shall be triable
by a Magistrate of the first Class.
15. Procedure for the trial of offences.―Subject to the provisions of the next succeeding
section, all offences punishable under this Act shall be tried in accordance with the procedure
prescribed for the trial of 2[*] cases by Chapter XX of the Code.
16. Offences to be cognizable and non-bailable.―Notwithstanding anything contained in
the Code, all offences punishable under this Act shall be cognizable and non-bailable; and no person
accused or convicted of any offence punishable under this Act shall, if in custody, be released on bail
or on his own bond, unless___
(1) the prosecution has had an opportunity of being heard in respect of the
application for such release ; and
(2) where the prosecution opposes the application, the Court is satisfied that there
are reasonable grounds for believing that the accused is not guilty of the
offence.
17. Bar of jurisdiction of Courts.―Except as provided in this Act, no order made, direction
issued, or proceeding taken under this Act, 3[or purporting to have been so made, issued or taken, as
the case may be,] shall be called in question in any Court, and no suit prosecution, or other legal
proceedings shall lie against any person for anything done or in good faith intended to be done under
this Act, or for any loss or damage caused to or in respect of any property whereof possession has
been taken under this Act : Provided that an appeal shall lie against every conviction and sentence
passed under Section 3(5)(b), 3(6), 4(2) and 13 of this Act, in the same manner and subject to the
same limitations as against a conviction and sentence passed by a First Class Magistrate, under the
Code 4[* * *].
1
Subs. by the Preventive Detention Laws (Amendment) Act, 1975, (Ordinance No. XLIV of 1975), s. 2.
2
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and 2nd Sch.
3
Ins. by Ordinance No. XXIX of 1959, s. 5.
4
Omitted by Act No. XIII of 1958, s. 12.
Page 14 of 15
18. 1[Omitted]
19. Power to make rules.___(1) The 2[Federal Government] may make rules, not inconsistent
with the provisions of this Act (V of 1898), to carry into effect the purposes thereof 2[* * *].
(2) All rules made under this section shall be laid before the 3[National Assembly] as soon as
may be after they are made.
20. 4[Omitted]
_______
156655 Dated: 14-02-2025
1
Omitted by the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965), s. 3 and 2nd Sch.
2
Subs. and omitted by the Preventive Detention Laws (Amendment) Act, 1975 (Act No. XLIV of 1975), s. 2.
3
Subs. by Act No. XIII of 1958, s. 14.
4
Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and 2nd Sch.
Page 15 of 15
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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