Friday, 19 September 2014

Press and Registration of Books Act, 1867

Section 1  Interpretation-clause    Note

"Book" includes  pamphlet, in any language, and every sheet of music, map, chart or plan separately printed 

"editor" means the person who controls the selection of the matter that is published in a newspaper

"Magistrate" means any person exercising the full powers of a Magistrate, and includes a Magistrate of police 
 "newspaper" means any printed periodical work containing public news or comments on public news

paper" means any document, including a newspaper, other than a book;

"prescribed" means prescribed by rules made by the Central Government under section 20A;

" Press Registrar" means the Registrar of newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar;

"printing" includes cyclostyling and printing by lithography;

"Register" means the Register of newspapers maintained under section 19B.]

Section 3. Particulars to be printed on books and papers

Every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing, and the name of the publisher, and the place of publication.

Sec. 4. Keeper of printing press to make declaration

No person shall within [India], keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before the District, Presidency or Sub-divisional Magistrate] within whose local jurisdiction

As often as the place where a press is kept is changed, a new declaration shall be necessary:

(a) a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and

(b) the keeper of the press continues to be the same.

5. Rules as to publication of newspapers.

newspaper shall be published in India, except in conformity with the rules hereinafter laid down:

 Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.

 The printer and the publisher of every such newspaper] shall appear  before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published and shall make and subscribe, in duplicate, the following declaration:

And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.

 shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication 
  

a new declaration shall be necessary

 if Where the title of any newspaper or its language or the periodicity of its publication is changed, 

 As often as the ownership of a newspaper is changed

As often as the place of printing or publication is changed, 

(a) a statement relating to the change is furnished to the said Magistrate within twenty four hours thereof; and

(b) the printer or publisher or the printer and publisher of the newspaper continues to be the same

Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication-

6. Authentication of declaration
Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the Magistrate 

 any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the Magistrate 

Deposit

One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, 

Inspection and supply of copies

The Officer-in-charge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the Court which has the custody of the original, on payment of a fee of two rupees.

11A. Copies of newspapers printed in India to be delivered gratis to Government
The printer of every newspaper in India  two copies of each issue of such newspaper as soon as it is published shall deliver free of expense  to such officer as the State Government may, by notification in the Official Gazette, and to the Government.
11B. Copies of newspapers to be delivered to Press Registrar
Under this Act, the publisher of every news paper in India shall deliver free of expense to the Press Registrar one copy of each issue of such newspaper as soon as it is published.

12. Penalty for printing contrary to rule in section 3
Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this Act, shall, on conviction before a Magistrate, be punished by fine not exceedingtwo thousand] rupees, or by simple imprisonment for a tern not exceeding 49[Six months], or by both.
13. Penalty for keeping press without making declaration required by section 4
Whoever shall keep in his possession any such press as aforesaid. 50[In contravention of any of the provisions contained in section 4 of this Act], shall. on conviction before a Magistrate, be punished by fine not exceeding [two thousand rupees, or by simple imprisonment for a term not exceeding, six months or by both.

14. Punishment for making false statement
Any person who shall, in making any declaration or other statement make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a Magistrate, be punished by fine not exceeding two thousand] rupees, and imprisonment for a term not exceeding [six months.

15. Penalty for printing or publishing newspaper without conforming to rules.
Whoever shall edit], print or publish any newspaper, without conforming to the rules here in before laid down, or  knowing that the said rules have not been observed with respect to that newspaper], shall, on conviction before a Magistrate, be punished with fine not exceeding two thousand rupees, or imprisonment for a term not exceeding Six months or both.

The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence and control of the Press Registrar as may be necessary for the purpose of performing the functions assigned to them by or under this Act, 

19B. Register of newspapers
(1) The Press Registrar shall maintain in the prescribed manner a Register of newspapers.

(2) The Register shall, as far as may be practicable, contain the following particulars about every newspaper published in India, namely:-

(a) the title of the newspaper;

(b) the language in which the newspaper is published;

(c) periodicity of the publication of the newspaper;

(d) the name of the editor, printer and publisher of the newspaper;

(e) the place of printing and publication;

(f) the average number of pages per week;

(g) the number of days of publication in the year;

(h) the average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed;

(i) retail selling price per copy;

(j) the names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed;

(k) any other particulars which may be prescribed.

(3) On receiving information from time to time about the aforesaid particulars, the Press Registrar shall cause relevant entries to be made in the Register and may make such necessary alterations or corrections therein as may be required for keeping the Register up-to-date.

19C. Certificates of registration
On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper and on the publication of such newspaper, the Press Registrar shall, as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof.

19D. Annual statement, etc., to be furnished by newspapers
It shall be the duty of the publisher of every newspaper-

(a) to furnish to the Press Registrar an annual statement in respect of the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19B as may be prescribed;

(b) to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in sub-section (2) of section 19B as may be specified in this behalf by the Press Registrar.

19E. Returns and reports to be furnished by newspapers
The publisher of every newspaper shall furnish to the Press Registrar such returns, statistics and other information with respect to any of the particulars referred to in sub-section (2) of section 19B as the Press Registrar may from lime to time require.

19F. Right of access to records and documents
The Press Registrar any gazetted officer authorized by him in writing in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this Act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof,  and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this Act.

19G. Annual report
The Press Registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in India and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the Central Government.

19H. Furnishing of copies of extracts from Register
On the application of any person for the supply of the copy of any extract from the Register and on payment of such fee as may be prescribed, the Press Registrar shall furnish such copy to the applicant in such form and manner as may be prescribed.
Subject to the provisions of this Act and regulations made thereunder, the Press Registrar may delegate all or any of his powers under this Act to any officer subordinate to him.

19J. Press Registrar and other officers to be public savants
The Press Registrar and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

19K. Penalty for contravention of section 19D or section 19E, etc
If the publisher of any newspaper-

(a) refuses or neglects to comply with the provisions of section 19D or section 19E; or

(c) publishers in the newspaper in pursuance of clause (b) of section 19D any particulars relating to the newspaper which he has reason to believe to be false,
he shall be punishable with fine which may extend to five hundred rupees.

19L. Penalty for improper disclosure of information
If any person engaged in connection with the collection of information under this Act willfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]

21. Power to exclude any class of books from operation of Act
79[The State Government may, by notification in the Official Gazette], exclude any class of books80[or papers] from the operation of the whole or any part or parts of this Act:

81[Provided that no such notification in respect of any class of newspapers shall be issued without consulting the Central Government.]

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