THE KHYBER PAKHTUNKHWA PUBLICATION OF THE HOLY QURAN (ELIMINATION OF PRINTING AND RECORDING ERRORS) ACT, 2012.

(KHYBER PAKHTUNKHWA ACT NO. V OF 2012)

CONTENTS

PREAMBLE

SECTIONS

1.         Short title, extent and commencement.

2.          Definitions.

3.         Registration of publishers and recording companies.

4.         Quran Board.

5.         Publishing of the Holy Quran.

6.         Literal distortion of the text of Ayah.

7.         Translation or interpretation of the Holy Quran contrary to the belief of Muslims.

8.         Penalty.

9.         Placement of damaged or shaheed copies.

10.       Offences by corporations.

11.       Power to make rules.

12.       Repeal.

THE KHYBER PAKHTUNKHWA PUBLICATION OF THE HOLY QURAN (ELIMINATION OF PRINTING AND RECORDING ERRORS) ACT, 2012.

(KHYBER PAKHTUNKHWA ACT NO. V OF 2012)

[first published after having received the assent of the Governor of

 the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa

(Extraordinary),dated the 1^stMarch,2012].

AN

ACT

to ensure publication of the text of the Holy Quran

 free from errors of printing and recording.

Preamble.-WHEREAS it is expedient to ensure publication and recording of the text of the Holy Quran free from errors of printing and recording, and matters connected therewith;

            It is hereby enacted as follows:

1.         Short title, extent and commencement.--- (1) This Act may be called  the Khyber Pakhtunkhwa Holy Quran (Elimination of printing and Recording Errors) Act, 2012.

            (2)        It extends to the whole of the Province of the Khyber Pakhtunkhwa.

            (3)        It shall come into force at once.

2.         Definitions.--- In this Act, unless there is anything repugnant in the subject or context,_

(a)        “Ayah” means a sentence, clause or verse of the Holy Quran at the end of which the small round circle sign “O” is given in the standard copy;

(b)        “damaged or shaheed copy of the Holy Quran“ includes a sub standard copy of the Holy Quran, damaged or worn out pages of the Holy Quran and other pages containing Quranic verses;

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

(d)       “Holy Quran” means the Holy Quran in the Arabic text, published in complete form, or in the form of parts (Paras) or chapters (Surahs), but does not include extracts published in text-books or prayer-books or religious treatises;

(e)        “placement of a damaged or shaheed copy of the Holy Quran” means collection and storage of a damaged or shaheed copy of the Holy Quran and includes its burial under the ground or its placement in the sea or river or recycling it in such manner as conforms to its holiness and sanctity;

(f)        “prescribed” means prescribed by rules made under this Act;

(g)        “publisher” means a person or an association of persons, registered under section 3 as publisher of the Holy Quran;

(h)        “Quran Board” means the Quran Board constituted under section 4;

(i)         “recording of the Holy Quran “ means recited in human voice and recorded by any modern means of recording, conforming to the text contained in the standard copy;

(j)         “recording company” means a person or an association of persons registered under section 3 as a recording company; and

(k)        “standard copy“ means a copy of the Holy Quran authenticated by the Quran Board as corrected and free from errors of printing.

3.         Registration of publishers and recording companies.--- Government may, in the prescribed manner and on payment of prescribed fee and fulfillment of the prescribed terms and conditions, registered a publisher or a recording company with Auqaf Department for purposes of publishing or recording the Holy Quran.

4.         Quran Board.---(1) Government shall constitute a Quran Board comprising prominent Ulema, Huffaz and Qaris of all schools of thought amongst Muslims.

            (2)        Government shall cause a copy of the Holy Quran to be prepared and shall forward it to the Quran Board for authentication as a standard copy.

            (3)        After authentication by the Quran Board, the standard copy shall be kept in Government archives for safe custody.

            (4)        The Quran Board shall recommend steps for error-free printing and publication or recording of the Holy Quran and shall,             subject to the direction of Government, supervise the work of error-free printing and publication or recording of the Holy Quran.

            (5)        The Quran Board shall perform such other functions as may be prescribed.

5.         Publishing of the Holy Quran.- (1) A publisher may print the Holy Quran in off-set, photostat, photo-block or any other modern system of printing but he shall not print it in litho process.

(2)        In printing the Holy Quran, a publisher shall not use paper prohibited by Government.

(3)        The publisher shall get his specimen copy and every recording company shall get its specimen record of the Holy Quran compared with the text of the standard copy by a person holding a diploma from a religious institution or a certificate of Moulvi Fazil or a qualified Qari who is also a Hafiz or a person trained in the job of proof reading in Arabic and have a certificate recorded by such person at the end to the effect that the text and references do not contain any error.

(4)        The publisher shall ensure –

(a)      that the serial number of every chapter (Surah) is printed on every page and the serial number of every (Ayah) is inserted within the small round circle “O” of every (Ayah);

(b)      that the cover page of every edition of the Holy Quran clearly bears the name of the publisher, the name of the printing press, and the year of publication;

(c)      that every page of the Holy Quran bears the indication given in the Schedule; and

(d)      that on detection of any error or omission in the printed Holy Quran, the leaf on which it occurs is replaced by a fresh leaf free from such error and omission, in each such copy.

(5)        The publisher shall not be penalised for non compliance with the provisions of clauses (a) and (c) of sub-section (4) unless he is found negligent in the performance of his duty.

(6)        No translation of the Holy Quran shall be published or recorded without its Arabic text.

(7)        No record of the Holy Quran which injures its sanctity, in any form, shall be prepared.

6.         Literal distortion of the text of Ayah.---Where, in a copy or record of the Holy Quran or in any extract thereof published in a text-book, prayer books, religious treatise or otherwise, any Ayah has been literally distorted, either by change of a word, or of sequence, or of Ea’rab, as to alter its meaning, the printer or publisher thereof, or, as the case may be, the recording company, whether registered under this Act, or not, shall, unless he can prove that such distortion occurred only due to a printing or mechanical error, be liable to punishment under section 8.

7.         Translation or interpretation of the Holy Quran contrary to the belief of Muslims.---  Where, in a copy or record of the Holy Quran, or in any extract thereof published in a text book, prayer books, religious treatise or any other books, an Ayah is translated, interpreted or commented upon by a non-Muslim contrary to the belief of Muslims, the author, the printer, the publisher, or the person who prepared the record, whether registered or not registered under this Act, shall, unless he proves that such translation, interpretation or commentary occurred only owing to a printing or mechanical error, be liable to punishment under section 8.

8.         Penalty.---(1) A printer, publisher or proprietor of a recording company who contravenes any provision of this Act or the rules made thereunder, or a person in whose voice a record is prepared, or a person who has certified under sub-section (3) of section 5, a specimen copy or record of the Holy Quran which is not in conformity with the provisions of this Act, shall, on a complaint made in this behalf by Government or an officer authorized in this behalf by Government, be liable to imprisonment for a term which may extend to three years, or with fine amounting to not less than twenty thousand rupees, or with both.

            (2)        Government may cancel the registration under section 3 of this Act, of a publisher or recording company, who is convicted of an offence under sub-section (1).

9.         Placement of damaged or shaheed copies.--- A publisher or a recording company shall make suitable arrangements in the prescribed manner for placement of a damaged or shaheed copy of the Holy Quran and shall comply with the directions of Government issued for proper placement of a damaged or shaheed copy of the Holy Quran.

10.       Offences by corporations.---  If the person guilty of an offence under sub-section (1) of section 8 is a company or other body corporate, every proprietor, director, manager, secretary or other officer of the company or body corporate shall, unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence, be deemed to be guilty of such offence.

11.       Power to make rules.--- (1)  Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2)        In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a)        the constitution and functions of the Quran Board;

(b)        the inspection of the copies and records of the Holy Quran printed or prepared before the commencement of this Act;

(c)        the prohibition of the sale of copies and records of the Holy Quran containing errors;

(d)       the checking of all such copies and records of the Holy Quran as have not been certified under this Act as free from errors, at the expense of the publisher or recording company;

(e)        the seizure of such copies or records of the Holy Quran in which there exist errors which cannot, in the opinion of the prescribed authority, easily be corrected in print or record; and

(f)        the placement of a damaged or shaheed copy of the Holy Quran.

12.       Repeal.---(1) The Publication of the Holy Quran (Elimination of Printing Errors) Act, 1973 (Act No. LIV of 1973), in its application to the Province of the Khyber Pakhtunkhwa, is hereby repealed.

(2)        Notwithstanding the repeal of the Publication of the Holy Quran (Elimination of Printing Errors) Act 1973 (Act No. LIV of 1973), anything done or action taken under the repealed Act, shall have effect as if done or taken under this Act.