GOVERNMENT OF THE KHYBER PAKHTUNKHWA

AUQAF, HAJJ, RELIGIOUS AND MINORITY

AFFAIRS DEPARTMENT

________

NOTIFICATION

Dated Peshawar, the 08.10.2013

No.SO (HR&MA) 1-22/2013.- In exercise of the powers conferred by section 11 of the Khyber Pakhtunkhwa Publication of the Holy Quran (Elimination of Printing and Recording Errors) Act, 2012 (Khyber Pakhtunkhwa Act No. V of 2012), the Government of the Khyber Pakhtunkhwa is pleased to make the following rules:

KHYBER PAKHTUNKHWA PUBLICATION OF THE HOLY QURAN

(ELIMINATION OF PRINTING AND RECORDING ERRORS) RULES, 2013

1.                 Short title and commencement.--- (1) These rules may be called the Khyber Pakhtunkhwa Publication of the Holy Quran (Elimination of Printing and Recording Errors) Rules, 2013.

          (2)     These rules shall come into force at once.

2.                 Definition.---(1) In these rules, unless the context otherwise requires.--

(a)              “Act” means the Khyber Pakhtunkhwa Publication of the Holy Quran (Elimination of Printing and Recording Errors) Act, 2012 (Khyber Pakhtunkhwa Act No. V of 2012);

(b)             “Form” means a Form appended to these rules;

(c)              “Government” means Government of the Khyber Pakhtunkhwa;

(d)             “Positives” means a film having the image of calligraphy to be exposed on pre-sensitized plates for use in the offset printing process; and

(e)              “Schedule” means Schedule appended to these rules.

          (2)     A word or expression used in these rules but not defined shall have the same meaning as in the Act.

3.                 Registration of publishers and recording companies.---(1) Government may, on an application, register a publisher or a recording company in accordance with these rules.

          (2)     A person may file an application for registration under sub-rule (1) in the Form given in Schedule-I.

          (3)     For purposes of registration, a fee of rupees five thousand shall be deposited in the State Bank of Pakistan under the head PR 4511,C-Non Tax Receipt, C03- Misc Receipt, C038 others, C03886 fee for issuance of NOC and registration /renewal certificate for publication. 

          (4)     The application shall be submitted along with the following documents:

(a)              a copy of valid CNIC of the applicant duly attested by a gazetted officer;

(b)             an original receipt of the deposit of the fee;

(c)              four passport size recent coloured photographs;

(d)             an affidavit in the Form given in Schedule-II, that the applicant is a true Muslim  who  believes in the  oneness  of Almighty  Allah  and accepts Muhammad (Sallal la ho alehe wasallam) as the last prophet of Almighty Allah;

(e)              a bank certificate in proof of being an account holder;

(f)               a certificate of proof reading issued by the registered proof reader of the Holy Quran;

(g)              full particulars of the premises indicating the area, web-portal, telephone number, mobile number,  place, rooms and such like other details;

(h)     a list of executive and functional staff of the publisher or the company;

(i)      a list of major works done during the last five years;

(j)      copies of tax payment certificates for the last three financial years;

(k)     a copy of the certificate of registration of the trade mark under section 33(4) of the Trade Mark Ordinance, 2001 read with rule 48 of the Trade Mark Rules, 2004, in respect of ownership, name of the company and its insignia or logo;

(l)      particulars of the printing press, if any;

(m)    particulars of the printing press, with which an agreement has been made for purposes of printing; and

(n)     a copy of declaration of printing press issued under the press law along with an attested copy of valid CNIC of the owner of the press.

          (5)     Subject to the fulfillment of all the requirements, Government may register a publisher or a recording company for a term of five years and issue the requisite registration certificate.

          (6)     A registered publisher or recording company shall affix a copy of registration certificate on a conspicuous place in the premises of his or its office or place of business alongwith his recent photograph.  

4.                 Renewal of registration.--- (1) Subject to the fulfillment of all the requirements, Government may renew registration of a publisher or a recording company for another term of five years on submitting application in the Form given in Schedule-III.

          (2)     For purposes of renewal of registration, a fee of rupees two thousand and five hundred shall be deposited in case the application for renewal is submitted at least thirty days prior to the expiry of the registration and a fee of rupees five thousand shall be so deposited in any other case in the State Bank of Pakistan under the head PR 4511,C-Non Tax Receipt, C03- Misc Receipt, C038 others, C03886 fee for issuance of NOC and registration /renewal certificate for Publication.

          (3)     The application for renewal of registration shall be submitted along with the following documents:

(a)              a copy of valid CNIC of the applicant duly attested by a gazetted officer;

                   (b)     a copy of the existing certificate of registration;

                   (c)      an original receipt of deposit of the requisite fee;

                   (d)     four passport size recent photographs;

                   (e)      particulars of the printing press, if any;

                 (f)       particulars of the printing press with which an agreement has been made for purposes of printing;

(g)     a copy of declaration of printing press issued under the press law along with an attested copy of valid CNIC of the owner of the press;

(h)     a copy of certificate of the registration of trade mark referred to in rule 3(4);

(i)      a detailed list of publication of the Holy Quran, parts (Paras) or Chapters (Surahs) indicating their number,  if any, name, location and address of the printing press and year of publication; and

(j)      a certificate to the effect that the cover page of every edition of the Holy Quran clearly bears the name of publisher, name of printing press with location and year of publication, with affixation of rubber stamps inside all copies of the Holy Quran containing all these particulars.

          (4)     Government shall decide the application for renewal of registration within ninety days from the date of receipt of the application.

5.                 Registration of existing publisher or recording company.---(1) Notwithstanding anything contained in the repealed rules, an existing publisher or recording company shall, within ninety days from coming into force of these rules, apply for registration under these rules in accordance with rule 3.

          (2)     In case of non-availability of certificate of trade mark referred to in sub-rule (4) of rule 3, a publisher or a recording company referred to in sub-rule (1), may be issued provisional registration certificate subject to the deposit of a copy of the receipt showing that an application for the same has been submitted to the Government of Pakistan, Trade Marks Registry, Karachi.

          (3)     Subject to the fulfillment of all the requirements, the registration shall be made within ninety days.

6.                 Prohibition of business.--- Subject to these rules, no publisher or recording company shall run the business of printing or recording of the Holy Quran within the Khyber Pakhtunkhwa except after obtaining registration under these rules.

7.                 Quran Board.--- (1)      Government may, by notification, in the official Gazette constitute the Quran Board comprising nineteen members, including twelve Ulama, Huffaz and Qaris (three from each sect of Muslims), President Anjuman Nashiran-e-Holy Quran and  six official members i.e., Additional Secretaries, Auqaf & Religious Affairs, Home & Tribal Affairs, Manager Government Printing Press, Additional Inspector General, DIG Special Branch and Administrator Auqaf  as Member-cum-Secretary  of the Board.

          (2)     Government shall appoint members of the Quran Board for a term of three years, from amongst the members other than the official members, one shall be nominated as Chairman.

          (3)     The chairman or a member may, by writing under his hand, resign from the Board but shall continue to act till such time as his resignation is accepted.

          (4)     In case a vacancy occurs due to death, resignation of the Chairman or any member, Government shall as soon as possible thereafter, appoint another person to fill up the vacancy for the remaining term of the person whose vacancy is to be filled in.

          (5)     The minimum qualification for Aalim to be appointed as member of the Quran Board shall be Al-Shahadat-ul-Aalimia Al-Islamia from any of Wafaq-ul-Madaris-e-Deenia recognized at national level, having five years practical teaching experience in Iftah, oratory or religious scripts, and expertise in more than one disciplines, local or foreign degrees equal to or higher than Al-Shahadat-ul-Aalimia Al-Islamia in Arabic. Persian and Islamic Studies shall be considered as an additional qualification.

          (6)     The minimum qualification for Hafiz to be appointed as member of the Quran Board shall be a certificate of Hifz-e-Quran from any of the Wafaq-ul-Madaris-e-Deenia with five years practical teaching experience and the minimum qualification of member Qari shall be a certificate in Tajweed and Qirat from any of the Wafaq-ul-Madaris-e-Deenia with five years practical teaching experience.

          (7)     The percentage of Huffaz and Qaris in the Quran Board shall not be more than twenty five percent.

          (8)     Government shall pay an honorarium of three thousand rupees to the Chairman and each of the member Ulema, Huffaz and Qaris for attending a meeting of the Quran Board in lieu of travelling allowance, daily allowance, boarding and lodging.

          (9)     The Quran Board shall make appropriate recommendations for:

(a)     error-free printing and publication or recording of the Holy Quran and shall, subject to the directions of Government, supervise the work of error-free printing and publication or recording of the Holy Quran;

(b)     disposal of damaged or worn out or torn papers of the Holy Quran and other papers containing sacred printed materials;

(c)      establishment of the Quran Mahal; and

 (d)    any other task to be assigned by Government from time to time.

          (10)   The Chairman shall convene the meetings of the Board on need basis.

8.                 Conditions for publication of the Holy Quran.--- (1) A publisher shall ensure that the text of the Holy Quran shall run from right to left.

          (2)     A publisher shall not use paper for printing of the Holy Quran of less than fifty two grams of pure pulp paper or wood-free local or imported offset paper/printing paper, white or coloured, weighing fifty two grams and above or any wood-free coated and uncoated paper like art paper or matt paper weighing fifty two grams and above.

          (3)     A printer or publisher shall not print or publish the Holy Quran on a newsprint paper.

          (4)     A printer and publisher shall take proper steps to ensure that rough prints and waste papers of the Quranic text are not thrown away carelessly and are carefully collected and dealt with according to the tenets of Islam and the recommendations of the Quran Board.

          (5)     Every publisher, registered under these rules, shall forward two copies of each print of the Holy Quran to Government and the Quran Board.

          (6)     Every recording company, registered under these rules, shall forward two sets of recording of the Holy Quran each to Government and the Quran Board.

          (7)     Every person who publishes a text-book, a prayer-book or a religious treatise containing any extract from the Holy Quran, shall send two copies of the text book, prayer book  or religious treatise each to Government and the Quran Board.

          (8)     Every recording of the Holy Quran shall contain a label with the following details:

                   (a)     name of the Qari;

                   (b)     number of Para (Part) or Chapter (Surah);

                   (c)      number and date of recording;

                   (d)     name and address of the recording company; and

                   (e)      name and address of the person who certified the text.

9.                 Maintaining of the positives of text of the Holy Quran.--- (1) A publisher shall maintain the positive (on proper positive film) text of the Holy Quran for its printing.

          (2)     The positives on tracing paper and deep-etch plates for printing of the Holy Quran shall not be used in any case.

          (3)     The pre-sensitized coated plates shall be used for the printing of the Holy Quran.

10.            Power to prohibit sale.--- (1) Government may, if it considers that the errors in the copy of a print or record of the Holy Quran received under sub-rule (5) and (6) of rule 8 or in copy of a print or record of the Holy Quran published and recorded outside the jurisdiction of the province are irredeemable, prohibit the sale of that print or recording of the Holy Quran.

          (2)     Government may, if it considers that the errors in the extract of the Holy Quran contained in a text book, a prayer book, a religious treatise or any other book are irredeemable and tantamount to alter the meaning of an Ayah, prohibit the sale of the text book, prayer book, religious treatise or such other book.

          (3)     Government may, if it considers expedient, allow sale of error-free copies of the Holy Quran published before commencement of these rules on newsprint paper weighing not less than fifty two grams for a period as it may notify.

11.            Inspection of the prints of the Holy Quran.- (1)  A publisher who had published a print of the Holy Quran before the commencement of the Act, or had record not certified under the Act, shall get a copy of such print or record checked by a person competent to do so under sub-section (3) of section 5 of the Act and obtain a certificate recorded by such person at the end of such copy or record to the effect that the text and references do not contain any error, and shall also have such certificate rubber-stamped on all copies of such print or screen printed or stickered on records available with him or any of his agents.

          (2)     If any error is discovered in a copy of the recording or publishing of the Holy Quran, the recording or the publishing/printing company, as the case may be,  shall get it corrected in such copy of the recording/printing and in all the copies of the recording/printing available with it or any of its agents or distributors and shall obtain the certificate required under sub-rule (1) which shall be recorded on such copy of the recording and shall rubber-stamp all the other copies of the recording or screen print or sticker all the available recording.

          (3)     The publisher or recording company shall, within one year from the commencement of these rules, complete the process contained in sub-rules (1) and (2).

          (4)     Before such date as Government may, by notification in the official Gazette, specify in this behalf, the publisher or the recording company shall forward to Government for inspection two copies or record of such print or recording bearing the certificate referred to in sub-rules (1) and (2).

          (5)     A publisher or a recording company shall not sell or offer for sale any copy of such print or recording unless it contains the certificate referred to in sub-rule (1) and (2) and the year of printing or recording referred to in sub-rule (3).

          (6)     If any printing or recording error in any print or recording of the Holy Quran is brought to the notice of Government or the Quran Board, Government shall get a copy of such print or recording checked by a person competent to do so under sub-section (3) of section 5 of the Act.

12.            Advertisement at the cost of publisher or recording company.--- Government may require, the publisher or recording company of the Holy Quran if it considers that the errors mentioned in rules 10 and 11 are irredeemable that an advertisement may be issued in two daily newspapers of wide circulation to inform the general public about the errors in copies or recording of the Holy Quran on his or its cost. Any replacement of such Holy Quran printed or recorded, shall also be at the risk and cost of such publisher, printer or recording company, as the case may be.

13.            Checking of uncertified prints or recordings.--- (1) If any print or recording of the Holy Quran is found not to have been certified as error free under section 5 of the Act, Government shall get a copy of such print or recording checked by a person competent to do so under sub-section (3) of section 5 of the Act at the expense of the publisher or the recording company and thereafter, the provisions of rule 11 shall apply to such print or recording.

          (2)     The fee payable to the person referred to in sub-rule (1) shall be fixed by Government in consultation with the publisher or the recording company.

14.            Seizure of certain prints or recordings.-- All such copies or recordings of the Holy Quran containing irredeemable errors in the opinion of the panel of proof readers, set up by Government and recommendations to this effect have been made by the Quran Board, Government shall seize all such prints or recordings.

15.            Scope of checking.--- The checking of the Holy Quran shall be confined to the Arabic text only.   

16.            Savings.--- Nothing in these rules shall apply to recording of the Holy Quran by public in a recitation contest or during a religious sermon or religious gathering or ceremony.

17.            Repeal.- (1) The publication of the Holy Quran (Elimination of Printing and Recording Errors) Rules, 1973 in its application to the Khyber Pakhtunkhwa are hereby repealed.

          (2)     A publisher or a recording company registered under the repealed rules of 1973 shall, within ninety days from coming into force of these rules, apply for registration afresh under these rules.

          (3)     If an existing publisher or a recording company fails to register under these rules within the time specified in sub-rule (2), his or its registration shall stand cancelled.

SECRETARY TO

GOVERNMENT OF  KHYBER PAKHTUNKHWA

AUQAF, HAJJ, RELIGIOUS AND

MINORITY AFFAIRS DEPARTMENT.