THE PRESS AND REGISTRATION OF BOOKS AND PUBLICATIONS BILL, 2011

THE PRESS AND REGISTRATION OF BOOKS AND PUBLICATIONS
BILL, 2011
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ARRANGEMENT OF CLAUSES
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CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
PRINTING PRESSES AND PUBLICATIONS
3. Particulars to be printed on books and publications.
4. Owner of printing press to make declaration.
5. Who may bring out a publication.
6. Verification and registration of title.
7. Printer and publisher of a publication to make declaration.
8. Prohibition as to making declaration under section 7, or editing of a publication, in
certain cases.
9. Limits of foreign news content, foreign investment, etc.
10. Authentication of declaration.
11. Deposit of declaration.
12. Inspection and supply of copies of declaration.
13. Office copy of declaration to be prima facie evidence.
14. New declaration by persons who have signed a declaration and subsequently ceased
to be printer or publisher or owner.
15. Authentication and filing of declaration made under section 14.
16. Inspection and supply of copies of declaration made under section 14.
17. Putting up copy of declaration in evidence.
18. Person whose name has been incorrectly published as editor may make a declaration
before a specified authority.
19. Cancellation of declaration.
20. Appeal.
CHAPTER III
DELIVERY OF BOOKS AND PUBLICATIONS
21. Copies of books printed to be delivered gratis to Government.
22. Receipt for copies delivered under section 21.
23. Disposal of copies delivered under section 21.
24. Copies of publication printed in India to be delivered gratis to Government.
25. Copies of publication delivered to Press Registrar General.
Bill No. 124 of 2011
(i)
AS INTRODUCED IN LOK SABHA
CHAPTER IV
REGISTRATION OF BOOKS
CLAUSES
26. Registration of memorandum of books.
27. Publication of memorandum registered.
CHAPTER V
REGISTRATION OF PUBLICATIONS
28. Appointment of Press Registrar General and other officers.
29. Register of publications.
30. Certificate of registration.
31. Annual statement, etc. to be furnished by publisher.
32. Returns and reports to be furnished by publisher.
33. Right to access to records and documents.
34. Circulation verification.
35. Annual report.
36. Furnishing of copies of extract from Register.
37. Production of documents before Press Registrar General.
CHAPTER VI
PENALTIES
38. Penalty for printing contrary to section 3.
39. Penalty for owning press without making declaration required by section 4.
40. Penalty for failure to make a declaration under section 14.
41. Penalty for not delivering books or not supplying printer with maps.
42. Penalty for failure to supply copies of publications gratis to Government.
43. Punishment for making false statement.
44. Penalty for printing or bringing out publication without conforming to the
provisions of this Act.
45. Penalty for failure to supply copies of publications to Press Registrar General.
46. Penalty for failure to produce documents before Press Registrar General.
47. Penalty for contravention of section 31 or section 32.
48. Recovery of forefeitures and disposal thereof and of fines.
49. Cognizance of offence.
CHAPTER VII
MISCELLANEOUS
50. Delegation of powers.
51. Press Registrar General and other officers to be public servants.
52. Protection of action taken in good faith.
53. Power of Central Government to make rules.
54. Power of State Government to make rules.
55. Power to exclude any class of books and publications from operation of Act.
56. Power to remove difficulties.
57. Repeal and saving.
(ii)
THE PRESS AND REGISTRATION OF BOOKS AND PUBLICATIONS
BILL, 2011
A
BILL
to amend and consolidate the laws relating to press and registration of
books and publications.
BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Press and Registration of Books and Publications Act,
2011.
(2) It extends to the whole of India:
Provided that any reference in this Act to any law which is not in force in the State of
Jammu and Kashmir shall, in relation to that State, be construed as a reference to the
corresponding law in force in that State.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Short title,
extent and
commencement.
Bill No. 124 of 2011
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AS INTRODUCED IN LOK SABHA
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2. In this Act, unless the context otherwise requires,—
(a) “Appellate Board” means the Press and Registration Appellate Board
constituted under sub-section (1) of section 20;
(b) “book” includes every volume, part or division of a volume and pamphlet in
any language and every sheet of music, map, chart or plan separately printed, other
than newspaper, magazine, journal and newsletter, and has no definite periodicity;
(c) “editor” means a person, whether called editor, chief-editor, sub-editor or by
whatever name called, who is a citizen of India and ordinarily resides in India, who
controls the selection of the matter that is brought out in a publication;
(d) “electronic form” in reference to information means any information generated,
sent, received or stored in media, magnetic, optical, computer memory, micro film,
computer generated micro fiche or similar device;
(e) “facsimile edition” of a publication means an exact replica in full or in part of
the original edition of a foreign publication; subject to the condition that any page is
not published in part;
(f) “financial year” means the year beginning on the 1st April and ending on the
31st March next following;
(g) “foreign publication” means any publication published in a country outside
India;
(h) “journal” means a periodical publication other than a newspaper, magazine or
newsletter containing comments or write-ups on specific subjects;
(i) “known foreign publication” means such foreign publication as may be
prescribed;
(j) “magazine” means a periodical publication containing comments or write-ups
on general subjects including public news or comments on public news;
(k) “newsletter” means a periodical publication brought out by a group or
organisation or institution to present information to its members or stakeholders, on
subjects of common interests;
(l) “newspaper” means a publication of loose folded sheets usually printed on
newsprint brought out daily or often or atleast once in a week, containing public news
or comments on public news;
(m) “owner” means a person who owns the publication;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “Press Registrar General” means the Press Registrar General of India, appointed
by the Central Government under section 28;
(p) “printer” means a person nominated by the owner to be responsible for
printing;
(q) “printing” means reproduction through any technology involving mass
production of copies excluding photocopying;
(r) “publication” means newspapers, magazines, journals or newsletters printed
periodically and published in India including its reproduction in electronic form, or any
syndication, facsimile edition, and Indian edition of periodical published outside India;
(s) “publisher” means a person who prepares and causes the publication to be
brought out;
(t) “Register” means the register of publications maintained under section 29;
Definitions.
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(u) “specified authority” means a District Magistrate or Deputy Commissioner
or Commissioner of Police, as the case may be, or any other executive magistrate or an
officer authorised in writing by the District Magistrate or Deputy Commissioner or
Commissioner of Police, as the case may be;
(v) “syndication” means sourcing content from other publications which has
been or is being published and the credit is given for the source in the byline of
publications;
“title” in relation to a publication means a word or combination of words and
does not include abbreviations.
CHAPTER II
PRINTING PRESSES AND PUBLICATIONS
3. (1) Every book or publication printed within India shall have legibly printed on it the
date of its publication, name of the owner, printer, publisher, editor and complete address of
place of printing and of the publication.
(2) In case an edition of a publication is being printed from more than one location, the
name of the printer and each printing press with their complete address shall be disclosed in
the imprint line of each print.
4. (1) Every person who owns and operates any press for the printing of books or
publications shall make and subscribe a declaration in such form as may be prescribed,
before the specified authority within whose local jurisdiction such press is kept.
(2) As often as the place where a press is kept is changed, a fresh declaration shall be
necessary:
Provided that where the change is for a period not exceeding sixty days and the place
where the press is kept after the change is within the local jurisdiction of the specified
authority referred to in sub-section (1), no fresh declaration shall be necessary if —
(a) a statement relating to the change is furnished to the said specified authority
within three days thereof; and
(b) the owner of the press continues to be the same.
5. A person, being an entity incorporated and registered in India under any law for the
time being in force, or a citizen of India, may bring out a publication:
Provided that no person who has been convicted by any court for an offence —
(i) involving terrorist act or unlawful activity; or
(ii) for having done anything against the security of the State,
shall bring out a publication.
Explanation.—For the purpose of this section, the expression “terrorist act” or
“unlawful activity” shall have the meanings respectively assigned to them in clauses (k) and
(o) of sub-section (1) of section 2 of the Unlawful Activities (Prevention) Act, 1967.
6. (1) The owner of any proposed publication may make an application proposing one
or more titles, not exceeding five, in order of preference to the specified authority for
verification of one of titles of the publication:
Provided that if the owner of the proposed publication is an entity incorporated and
registered in India, the authorised signatory shall make an application on behalf of that entity
under this section.
(2) The application referred to in sub-section (1) shall be in such form and accompanied
by such fees as may be prescribed.
Particulars to
be printed on
books and
publications.
Owner of
printing press
to make
declaration.
Who may
bring out a
publication.
Verification and
registration of
title.
37 of 1967.
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(3) The specified authority may after verification of antecedents of the applicant and
after satisfying himself about the eligibility of such applicant, within a period of three months,
recommend or reject the application:
Provided that no such application shall be rejected unless the person concerned had
been given an opportunity of being heard.
(4) On receipt of the recommendation from the specified authority under sub-section
(3), the Press Registrar General shall in writing and in such manner as may be prescribed,
approve one of the title or reject all the proposed titles if such titles are—
(a) the same or similar to that of any existing publication, except in the case of
publications owned by the same person; or
(b) obscene; or
(c) similar to name of symbols of terrorists or terrorist organisations either in full
or in abbreviated form;
(d) same or similar to that of a known foreign publication.
(5) The decision of the Press Registrar General as to title under sub-section (4) shall be
final.
(6) Without prejudice to the other provisions of this Act, every title of a publication
approved under this section shall, if the authenticated declaration made under section 10 is
not filed with the Press Registrar General within a period of six months from the date of such
approval, be deemed to have been cancelled and become available to new applicants:
Provided that the Press Registrar General may, if he is satisfied that the delay in filing
the authenticated declaration by the applicant was beyond the control of the applicant,
extend the time for such period, not exceeding four months, after recording the reasons in
writing.
(7) Any owner of a publication may, after registration, transfer the title of such
publication to any person, in such manner as may be prescribed.
(8) A title verified under this section, if not registered under section 30 within one year
of its verification, shall stand cancelled:
Provided that the Press Registrar General may, in exceptional cases, grant further
period of four months to those publications where the delay is due to reasons beyond the
control of the title holder.
7. (1) The printer and the publisher of every publication shall appear in person or by
agent authorised in this behalf, before a specified authority within whose local jurisdiction
such publication shall be printed or published, and make and subscribe a declaration in
duplicate, in such form as may be prescribed.
(2) Every declaration made under sub-section (1) shall specify the title of the publication,
the language in which it is to be published and the periodicity of its publication.
(3) Where the printer or publisher of a publication making a declaration under subsection
(1) is not the owner thereof, the declaration shall specify the name of the owner and
shall also be accompanied by an authority in writing from the owner authorising such person
to make and subscribe such declaration.
(4) A declaration made in respect of a publication under sub-section (1) and
authenticated under section 10 shall be necessary before the publication can be published.
(5) Where the periodicity of a publication is changed, the declaration shall cease to
have effect and a fresh declaration shall be necessary before the publication can be continued.
(6) As often as the ownership of a publication is changed, a fresh declaration shall be
necessary.
Printer and
publisher of a
publication to
make
declaration.
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(7) As often as the place of printing or publication is changed, a fresh declaration shall
be necessary:
Provided that where the change is for a period not exceeding thirty days and the place
of printing or publication after the change is within the local jurisdiction of the specified
authority referred to in sub-section (1), no fresh declaration shall be necessary if —
(a) a statement relating to the change is furnished to the said specified authority
within three days thereof; and
(b) the printer or publisher or the printer and publisher of the publication continue
to be the same.
(8) As often as the printer or the publisher who shall have made such declaration as is
aforesaid shall leave India for a period exceeding ninety days or where such printer or
publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a
period exceeding ninety days in circumstances not involving the vacation of his appointment,
a fresh declaration shall be necessary.
(9) Every declaration made in respect of a publication shall be void, where the publication
does not commence—
(a) within six weeks of the authentication of the declaration under section 10 in
the case of a publication to be published once a week or oftener; and
(b) within three months of the authentication of the declaration under section 10,
in the case of any other publication,
and in every such case, a fresh declaration shall be necessary before the publication can be
brought out.
(10) Every existing declaration in respect of a publication shall be cancelled by the specified
authority before whom a fresh declaration is made and subscribed in respect of the same.
(11) The declaration shall cease to have effect if the publication has not been brought
out as per the declared periodicity, for a period exceeding one year, and in all such cases the
registration number and the title shall be deemed to have been cancelled.
8. No person, who does not ordinarily reside in India, or who has not attained majority
in accordance with the provisions of the Indian Majority Act, 1875 or of any law for the time
being in force to which he is subject in respect of the attainment of majority, shall be permitted
to make a declaration under section 7, or edit a publication.
9. (1) Without prejudice to the other provisions of this Act, no publication shall be
printed and published in India except with the prior approval of the Central Government
granted in this behalf, if —-
(a) such publication is owned by any individual who is not an Indian citizen or
unincorporated body of individuals or body corporate incorporated under the law of
any country other than India; or
(b) its title is same or similar to a known foreign publication; or
(c) its foreign news content in an issue of an Indian publication exceeds the limit
prescribed for such publication; or
(d) such publication has investment from any individual who is not an Indian
citizen or unincorporated body of individuals or body corporate incorporated under
the law of any country other than India; or
(e) it is a facsimile edition of a known foreign publication.
Prohibition as
to making
declaration
under section 7,
or editing of a
publication, in
certain cases.
Limits of
foreign news
content,
foreign
investment,
etc.
9 of 1875.
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(2) Any person who intends to print or bring out a publication referred to in subsection
(1) may make an application to the Central Government for its prior approval in such
form and accompanied by such fee as may be prescribed.
(3) The Central Government may, subject to such terms and conditions as it may deem
fit, grant approval for printing or publishing the publication referred to in sub-section (1) or
refuse to grant such approval after recording the reasons thereof:
Provided that no such refusal shall be made unless that person concerned has been
given an opportunity of being heard.
10. (1) The specified authority, before whom declaration has been made under this Act
shall within a period of two months, authenticate each of the two originals of the declaration,
with his signature and official seal with date or through his electronic signature with date:
Provided that the specified authority shall not authenticate the declaration made under
section 7 unless it is accompanied by a title approved under sub-section (4) of section 6:
Provided further that any declaration so made and authenticated under the provisions
of the Press and Registration of Books Act, 1867 before the commencement of this Act shall
be deemed to have been made and authenticated under the corresponding provisions of this
Act.
(2) A copy of the declaration authenticated by the specified authority, or a copy of the
order refusing to authenticate the declaration, shall be forwarded as soon as possible to the
person making and subscribing the declaration and also to the Press Registrar General.
11. One of the originals of the declaration referred to in section 10 shall be deposited
among the records of the office of the specified authority.
12. The officer-in-charge of each original shall allow any person to inspect that original
on payment of a fee of one hundred rupees, 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 hundred rupees.
13. In any legal proceeding, whether civil or criminal, the production of a copy of
declaration so authenticated under section 10 or section 15, attested by the seal of the
specified authority or in case of the editor, a copy of the publication containing his name
printed on it as that of the editor or in case of more than one editor, the editor finally
responsible for the selection of the matter shall be held (unless the contrary be proved ) to be
sufficient evidence, as against the person whose name shall be subscribed to such declaration,
or printed on such publication, as the case may be, that the said person was printer or
publisher, or printer and publisher (according as the words of the said declaration may be) of
every portion of every publication whereof the title shall correspond with the title of the
publication mentioned in the declaration, or the editor of every portion of that issue of the
publication, of which a copy is produced.
14. (1) If any person has subscribed to any declaration in respect of a publication
under section 7 and the declaration has been authenticated by a specified authority under
section 10 and subsequently that person ceases to be the printer or publisher or owner of
publication mentioned in such declaration, he shall appear in person or through his authorised
representative before the specified authority and make and subscribe a declaration in duplicate,
in such form as may be prescribed.
(2) The owner shall also file declaration for change of printer or publisher by appearing
before the specified authority concerned and make and subscribe a declaration in duplicate,
in such form as may be prescribed.
15. (1) Each original of the declaration made under section 14 shall be authenticated by
the signature with date and seal of the specified authority before whom the said declaration
shall have been made, and one original of the said declaration shall be filed along with
original of the declaration authenticated under section 10.
Authentication
of declaration.
25 of 1867.
Deposit of
declaration.
Inspection and
supply of
copies of
declaration.
Office copy of
declaration to
be prima facie
evidence.
New declaration
by persons who
have signed a
declaration and
subsequently
ceased to be
printer or
publisher or
owner.
Authentication
and filing of
declaration
made under
section 14.
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(2) A copy of the declaration attested by the official seal of the specified authority
under sub-section (1) shall be forwarded to the Press Registrar General.
16. The officer-in-charge of each original of the declaration made under section 14
shall allow any person applying to inspect that original, on payment of a fee of one hundred
rupees, and shall give to any person applying a copy of the said declaration, attested by the
seal of the specified authority having custody of the original, on payment of a fee of two
hundred rupees.
17. In all trials in which a copy attested, of the former declaration have been put in
evidence, it shall be lawful to put in evidence a copy, attested, of the latter declaration, and
the former declaration shall not be taken to be evidence that the declarant was, at any period
subsequent to the date of the latter declaration, printer or publisher of the publication therein
mentioned.
18. (1) If any person, whose name has appeared as editor on a copy of a publication,
claims that he was not the editor of the issue on which his name has so appeared, he may,
within two weeks of his becoming aware that his name has been so published, appear before
a specified authority and make a declaration in such form as may be prescribed, that his name
was incorrectly published in that issue as that of the editor thereof, and if the said specified
authority, after making such inquiry or causing such inquiry to be made as he may consider
necessary, is satisfied that such declaration is true, he shall certify accordingly, and on that
certificate being given, the provisions of section 13 shall not apply to that person in respect
of that issue of the publication.
(2) The specified authority may extend the period under sub-section (1) in case he is
satisfied that such person was prevented by sufficient cause from appearing and making the
declaration within that period.
19. (1) If, on an application made to him by the Press Registrar General or any other
person or otherwise, the specified authority empowered to authenticate a declaration under
this Act, is of opinion that any declaration made in respect of a publication should be
cancelled, he may, after giving the person concerned an opportunity of showing cause
against the action proposed to be taken, hold an inquiry into the matter and if, after considering
the cause, if any, shown by such person and after giving him an opportunity of being heard,
he is satisfied that —
(a) the publication, in respect of which the declaration has been made is being
published in contravention of the provision of this Act or rules made there under; or
(b) the publication mentioned in the declaration bears a title which is the same
as, or similar to, that of any other publication; or
(c) the owner has ceased to be the owner of the publication mentioned in such
declaration; or
(d) the declaration was made on false representation or on the concealment of
any material fact or in respect of a periodical work which is not a publication,
the specified authority may, by order, cancel the declaration and shall forward a copy of the
order to the person making or subscribing the declaration and also to the Press Registrar
General.
(2) On the cancellation of declaration under sub-section (1), the title and the registration
certificate issued by the Press Registrar General shall also be deemed to be cancelled with
effect from the date of such cancellation of declaration.
20. (1) Any person aggrieved by an order of a specified authority refusing to
authenticate a declaration under section 10 or cancelling a declaration under section 19 may,
within sixty days from the date on which such order is communicated to him, prefer an appeal
to the Press and Registration Appellate Board, to be constituted by the Central Government,
Inspection and
supply of
copies of
declaration
made under
section 14.
Putting up
copy of
declaration in
evidence.
Person whose
name has been
incorrectly
published as
editor may
make a
declaration
before a
specified
authority.
Cancellation
of
declaration.
Appeal.
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by notification in the Official Gazette, consisting of a Chairperson and another member, to
be nominated by the Press Council of India, established under section 4 of the Press
Council Act, 1978, from among its members:
Provided that the Appellate Board may entertain an appeal after the expiry of the said
period, if it is satisfied that the appellant was prevented by sufficient cause from preferring
the appeal in time.
(2) On receipt of an appeal under this section, the Appellate Board may, after calling for
the records from the specified authority and after making such further inquiries as it thinks
fit, confirm, modify or set aside the order appealed against.
(3) Subject to the provisions contained in sub-section (2), the Appellate Board may, by
order, regulate its practice and procedure.
(4) The decision of the Appellate Board shall be final.
CHAPTER III
DELIVERY OF BOOKS AND PUBLICATIONS
21. (1) Printed copies of the whole of every book which shall be printed in India
together with all maps, prints or other engravings belonging thereto, finished and coloured
in the same manner as the best copies of the same shall, notwithstanding any agreement
between the printer and publisher thereof, if the book is published, be delivered by the
printer at such place and to such officer as the State Government shall, by notification in the
Official Gazette, from time to time, direct, and free of expense to the Government—
(a) in any case, within one calendar month after the day on which any such book
shall first be delivered out of the press, one such copy; and
(b) if within one calendar year from such day the State Government shall require
the printer to deliver other such copies not exceeding two in number, then within one
calendar month after the day on which any such requisition made by the State
Government on the printer, another such copy, or two other such copies, as the State
Government may direct,
the copies so delivered being bound, sewed or stitched together and upon the best paper on
which any copies of the book printed and the publisher or other person employing the
printer shall, before the expiration of the said month, supply the printer with all maps, prints
and engravings finished and coloured as aforesaid, which may be necessary to enable him to
comply with the requirements aforesaid.
(2) Nothing in sub-section (1) shall apply to any second or subsequent edition of a
book in which edition no additions or alterations either in the letter-press or in the maps,
prints or other engravings belonging to the book have been made, and a copy of the first or
some preceding edition of which book has been delivered under this Act.
22. The officer to whom a copy of book is delivered under section 21 shall give to the
printer a receipt in writing therefor.
23. (1) The copy delivered under clause (a) of sub-section (1) of section 21 shall be
disposed of as the State Government shall from time to time determine.
(2) Any copy delivered under clause (b) of the said sub-section shall be transmitted to
the Central Government.
24. The publisher of every publication in India shall deliver at such place and to such
officer as the State Government may, by notification in the Official Gazette, direct, and free of
expense to the Government, two copies of each issue of such publication as soon as it is
published.
25. (1) The publisher of every publication in India shall deliver free of expense one
copy of each issue of such publication as and when demanded by the Press Registrar
General.
Copies of
books printed
to be delivered
gratis to
Government.
Receipt for
copies delivered
under section 21.
Disposal of
copies
delivered
under section
21.
Copies of
publication
printed in India
to be delivered
gratis to
Government.
Copies of
publication
delivered to
Press Registrar
General.
37 of 1978.
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(2) Every publisher shall preserve one copy of every issue of the publication, either in
hard copy or in electronic form and shall provide the same as and when demanded by the
Press Registrar General.
CHAPTER IV
REGISTRATION OF BOOKS
26. (1) There shall be kept at such office, and by such officer as the State Government
shall appoint in this behalf, a book to be called a Catalogue of Books printed in India, wherein
shall be registered a memorandum of every book which shall have been delivered under
clause (a) of sub-section (1) of section 21, containing the following particulars, namely :—
(a) the title of the book and the contents of the title-page, with translation into
English of such title and contents, when the same are not in the English language;
(b) the language in which the book is written;
(c) the name of the author, translator or editor of the book or any part thereof;
(d) the subject;
(e) the place of printing and the place of publication;
(f) the name or firm of the printer and the name or firm of the publisher;
(g) the date of issue from the press or of the publication;
(h) the number of sheets, leaves or pages;
(i) the size;
(j) the first, second or other number of the edition;
(k) the number of copies which the edition consists;
(l) whether the book is printed, cyclostyled or lithographed;
(m) the price at which the book is sold to the public; and
(n) the name and residence of the proprietor of the copyright or of any portion of
such copyright.
(2) The memorandum shall be made and registered in the case of each book as soon as
practicable after the delivery of the copy thereof pursuant to clause (a) of sub-section (1) of
section 21.
27. The memorandum registered during each quarter in the catalogue referred to in
section 26 shall be published in the Official Gazette, as soon as may be after the end of such
quarter, and a copy of the memorandum so published shall be sent to the Central Government.
CHAPTER V
REGISTRATION OF PUBLICATIONS
28. The Central Government may appoint Press Registrar General of India and such
other officers under the general superintendence and control of the Press Registrar General
as may be necessary for the purpose of performing the functions assigned to them by or
under this Act, and may, by general or special order, provide for the distribution or allocation
of functions to be performed by them under this Act.
29. (1) The Press Registrar General shall maintain in such manner as may be prescribed,
a Register of publications.
(2) The Register shall contain the following particulars about every publication brought
out in India, namely:—
(a) the title of the publication;
Registration
of
memorandum
of books.
Publication of
memorandum
registered.
Appointment
of Press
Registrar
General and
other officers.
Register of
publications.
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(b) whether under foreign direct investment, facsimile edition, Indian edition of
foreign publication, if so, the details like name of the organisation or country, etc.;
(c) the language in which the publication is published;
(d) periodicity of the publication;
(e) the name of the editor, printer and publisher of the publication;
(f) the places of printing and publishing;
(g) the average number of pages per week;
(h) the number of days of publication in the year;
(i) retail selling price per copy;
(j) the names and addresses of the owners of the publication and such other
particulars relating to ownership as may be prescribed;
(k) any other particulars as may be prescribed.
(3) On receiving information from time to time about the aforesaid particulars, the Press
Registrar General 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.
30. On receiving from the specified authority under sub-section (2) of section 10 or
sub-section (2) of section 15 a copy of the declaration in respect of a publication, and on
bringing out of such publication, the Press Registrar General shall, as soon as practicable
thereafter, issue a certificate of registration in respect of that publication to the publisher
thereof.
31. (1) It shall be the duty of the publisher, and owner in the absence of the publisher,
of every publication—
(a) to furnish to the Press Registrar General an annual statement in respect of
the publication, at such time and containing such other particulars referred to in
sub-section (2) of section 29, as may be prescribed;
(b) to publish in the publication at such times and such of the particulars relating
to the publication referred to in sub-section (2) of section 29 as may be specified in this
behalf by the Press Registrar General.
(2) If a publisher or owner required to submit annual statement under this Act fails to
submit the annual statement for a consecutive period of three years, the title, declaration and
the registration of the publication concerned shall stand cancelled.
(3) The Press Registrar General shall cause publication of the cancellation of any
publication in at least one daily newspaper circulating in the locality in which the publication
concerned is brought out.
32. The publisher of every publication shall furnish to the Press Registrar General
such returns, statistics and other information with respect to any of the particulars referred
to in sub-section (2) of section 29 as the Press Registrar General may from time to time
require.
33. The Press Registrar General or any Gazetted Officer authorised by him in writing in
this behalf shall, for the purpose of the collection of any information relating to a publication
under this Act, have access to any relevant record or document relating to the publication 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.
Certificate of
registration.
Annual
statement,
etc., to be
furnished by
publisher.
Returns and
reports to be
furnished by
publisher.
Right to
access to
records and
documents.
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34. (1) The Press Registrar General on his own or on any request made to him, may
conduct, through an officer or auditor authorised in this behalf, a verification in such manner
as may be prescribed, as regard to circulation of the publication mentioned in the annual
statement.
(2) The verification under sub-section (1) shall be made in respect of a publication
brought out in a financial year and not a part thereof.
(3) In cases where the circulation verification is conducted on the request made by the
owner, publisher or any other person, the verification shall be made on payment of such fee
as may be prescribed.
35. The Press Registrar General 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 publications in India and giving an account of
the working of such publications, and copies thereof shall be forwarded to the Central
Government.
36. On the application of any person for the supply of copy of any extract from the
Register and on payment of such fee as may be prescribed, the Press Registrar General shall
furnish such copy to the applicant in such form and manner as may be prescribed.
37. The publisher, printer or owner shall, on a demand made in writing, specifying the
reasons for such demand by the Press Registrar General, produce before the Press Registrar
General any document referred to in any report or return submitted by such publisher, printer
or owner, within a period of thirty days from the date of receipt of the demand so made.
CHAPTER VI
PENALTIES
38 . Whoever prints or publishes any book or publication otherwise than in conformity
with section 3 shall be liable to a fine not exceeding five thousand rupees in addition to
suspension of the publication for a period of thirty days.
39. Whoever owns any press in contravention of the provisions of section 4 shall be
liable to a fine not exceeding five thousand rupees in addition to sealing of the printing press
for a period of thirty days.
40. If any person who has ceased to be a printer or publisher or owner of any publication
fails or neglects to make a declaration under section 14, he shall be liable to a fine not
exceeding five thousand rupees.
41. (1) If any printer of any such book as is referred to in section 21 neglects to deliver
copies of the same pursuant to that section, he shall for every such default forfeit to the
Government such sum not exceeding two thousand rupees as a Magistrate having jurisdiction
in the place where the book was printed may, on the application of the officer to whom the
copies should have been delivered or of any person authorised by that officer in this behalf,
determine to be in the circumstances a reasonable fine for the default, and, in addition to
such sum, such further sum as the Magistrate may determine to be the value of the copies
which the printer ought to have delivered.
(2) If any publisher or other person employing any such printer neglects to supply
him, in the matter provided in sub-section (2) of section 21 with the maps, prints or engravings
which may be necessary to enable him to comply with the provisions of that section, such
publisher or other person shall for every such default forfeit to the Government such sum not
exceeding two thousand rupees as such a Magistrate may, on such an application, determine
to be in the circumstances a reasonable fine for the default, and, in addition to such sum,
such further sum as the Magistrate may determine to be the value of the maps, prints or
engravings which such publisher or other person ought to have supplied.
Circulation
verification.
Annual
report.
Furnishing of
copies of
extract from
Register.
Production of
documents
before Press
Registrar
General.
Penalty for
printing
contrary to
section 3.
Penalty for
owning press
without making
declaration
required by
section 4.
Penalty for
failure to make
a declaration
under section 14.
Penalty for
not delivering
books or not
supplying
printer with
maps.
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42. If any publisher of any publication brought out in India neglects to deliver copies
of the same in compliance with section 24, he shall, on the complaint of the officer to whom
copies should have been delivered or of any person authorised by that officer in this behalf,
be liable to a fine which may extend to five thousand rupees for every default.
43. Any person who, in making any declaration or other statement under the authority
of this Act, makes a statement which is false, and which he either knows or believe to be false
or does not believe to be true, shall be punishable with imprisonment for a term not exceeding
six months and with fine which may extend to ten thousand rupees.
44 (1) Whoever edits, prints or brings out any publication without conforming to the
provisions of this Act and rules made thereunder, or whoever edits, prints or publishes, or
causes to be edited, printed or published any publication, knowing that the provisions of
this Act or the rules made thereunder have not been complied with, shall be punishable with
imprisonment for a term not exceeding six months or with fine which may extend to ten
thousand rupees, or with both.
(2) Where an offence is committed in relation to publication under sub-section (1), the
court may, in addition to the punishment imposed under the said sub-section, also cancel the
declaration in respect of the publication.
45. If any publisher of a publication brought out in India neglects to deliver the copies
of the publication as required under section 25, he shall be liable to a fine which may extend
to five thousand rupees.
46. If the publisher, printer or owner neglects to produce any document before the
Press Registrar General in compliance with the provisions of section 37, he shall be liable to
a fine which may extend to five thousand rupees.
47. If the publisher of any publication refuses or neglects to comply with the provisions
of section 31 or section 32, he shall be liable to a fine which may extend to five thousand
rupees in addition to a further penalty of a sum of ten rupees for each day default.
48. Any sum forfeited to the Government under this Act and rules made thereunder
may be recovered, under the warrant of a Magistrate determining the sum, or of his successor
in office, in the manner authorised by the Code of Criminal Procedure, 1973 for the time being
in force, and within the period prescribed by the Indian Penal Code for the levy of a fine.
49. (1) No court shall take cognizance of any offence under this Act, except upon a
complaint in writing made by the Press Registrar General or the specified authority or by any
officer authorised by the Press Registrar General or the specified authority, as the case may
be, for this purpose.
(2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first
class shall try any offence under this Act.
CHAPTER VII
MISCELLANEOUS
50. Subject to the provisions of this Act and rules made there under, the Press Registrar
General may delegate all or any of his powers under this Act to any officer subordinate to him.
51. The Press Registrar General 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.
Penalty for
failure to
supply copies
of publications
gratis to
Government.
Punishment
for making
false
statement.
Penalty for
printing or
bringing out
publication
without
conforming
to the
provisions of
this Act.
Penalty for
failure to
supply copies
of publications
to Press
Registrar
General.
Penalty for
failure to
produce
documents
before Press
Registrar
General.
Penalty for
contravention
of section 31
or section 32.
Recovery of
forfeitures and
disposal
thereof and of
fines.
Cognizance of
offence.
Delegation of
powers.
Press Registrar
General and
other officers
to be public
servants.
2 of 1974.
45 of 1860.
45 of 1860.
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52. No suit or other legal proceedings shall lie against the Central Government or a
State Government or the Press Registrar General or any officer or employee authorised by the
Press Registrar General, for anything which is in good faith done or intended to be done in
pursuance of this Act or the rules made thereunder.
53. (1) The Central Government may, by notification in the Official Gazette, make rules
under the provisions of this Act as may be necessary or desirable for carrying out the objects
of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the form in which a declaration shall be made by the owner of a publication
under sub-section (1) of section 4;
(b) the form, fees and manner of making an application under sub-section (2) of
section 6;
(c) the manner in which the Press Registrar General may approve or reject the
title under sub-section (4) of section 6;
(d) the manner in which owner of a publication may transfer the title under subsection
(7) of section 6;
(e) the form in which a declaration shall be made by the printer and publisher
under sub-section (1) of section 7;
(f) limit in a publication, of foreign news content under clause (c), and of foreign
investment under clause (d) of sub-section (1) of section 9;
(g) the form and fee for an application under sub-section (2) of section 9;
(h) the form in which fresh declaration shall be made under section 14;
(i) the form in which a declaration may be made by a person whose name has
been incorrectly published as editor under sub-section (1) of section 18;
(j) the manner in which a Register shall be maintained under sub-section (1) of
section 29;
(k) other particulars relating to ownership under clause (j), and any other
particulars under clause (k) of sub-section (2) of section 29;
(l) the time within which and the particulars in respect of which, an annual
statement shall be furnished by the publisher or the owner of a publication, to the
Press Registrar General under clause (a) of sub-section (1) of section 31;
(m) the manner in which verification may be conducted by an officer or auditor
under sub-section (1) of section 34;
(n) the fee for verification conducted on the request made by the owner, publisher
or any other person under sub-section (3) of section 34;
(o) the form in which, and the time within which, annual report may be prepared
by the Press Registrar General under section 35;
(p) fee for furnishing copies of extracts from the Register and the form and
manner in which such copies may be furnished under section 36;
(q) any matter relating to books referred to in Chapters III and IV;
(r) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid as soon as may be after it is made,
before each House of Parliament while it is in session for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
Protection of
action taken
in good faith.
Power of
Central
Government
to make rules.
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expiry of the session immediately following the session or the successive sessions aforesaid
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
54. (1) The State Government may, by notification in the Official Gazette, make rules in
respect of books referred to in Chapters III and IV, not inconsistent with the rules made by
the Central Government, as may be necessary or desirable for carrying out the objects of this
Act.
(2) Every rule made by the State Government under this section shall be laid, as soon
as may be after it is made, before the State Legislature.
55. The State Government may, with the previous approval of the Central Government,
by notification in the Official Gazette, exclude any class of books or publications from the
operation of the whole or any part or parts of this Act.
56. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, in consultation with the Press Registrar General, by order published in the
Official Gazette, make such provisions not inconsistent with the provisions of this Act, as
appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of three
years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
57. (1) The Press and Registration of Books Act, 1867 is hereby repealed.
(2) Notwithstanding such repeal, —
(a) anything done or any action taken or purported to have been done or taken
(including any rule, notification, inspection, order or declaration made or any document
or instrument executed or any direction given or any proceedings taken or any penalty
or fine imposed) under this Act hereby repealed shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been done or taken under the
corresponding provisions of this Act;
(b) any declaration, including title thereof, so made and authenticated under the
provisions of this Act hereby repealed, shall be deemed to have been made and
authenticated under the corresponding provisions of this Act;
(c) any proceeding pending in any court at the commencement of this Act may
be continued in that court as if this Act has not been passed;
(d) the Press Registrar and other officers appointed under section 19A of this
Act hereby repealed and holding office as such immediately before the commencement
of this Act, shall, on the commencement of this Act, continue to hold their respective
offices under the corresponding provisions of this Act, unless and until they are
removed or superannuated;
(e) the Press and Registration Appellate Board established under this Act hereby
repealed shall, continue to function under the corresponding provisions of this Act,
unless and until the Appellate Board is constituted under this Act;
(f) any appeal preferred to the Press and Registration Appellate Board under
section 8C of the Act hereby repealed but not disposed of before the commencement
of this Act may be disposed of by the Appellate Board constituted under this Act;
Power of State
Government
to make rules.
Power to
exclude any
class of books
and
publications
from operation
of Act.
Power to
remove
difficulties.
Repeal and
saving.
25 of 1867.
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(g) any penalty payable under this Act hereby repealed may be recovered in the
manner provided by or under this Act, but without prejudice to any action already
taken for the recovery of such penalty under this Act so repealed;
(h) any certificate of registration issued or granted under this Act hereby repealed
shall continue to have effect after the commencement of this Act under the same
conditions as if this Act had not been passed.
(3) The mention of the particular matters in sub-section (2) shall not be held to prejudice
or affect the general application of section 6 of the General Clauses Act, 1897 with regard to
the effect of repeal.
10 of 1897.
5
STATEMENT OF OBJECTS AND REASONS
The Press and Registration of Books Act, 1867 was enacted for the regulation of
Printing presses and Newspapers for the preservation of copies of books and newspapers
printed in India, and for the registration of such books and newspapers. Though the aforesaid
Act has been amended several times between 1870 and 1983, the existing provisions of the
Act are not adequate to cater to the phenomenal growth of the print media sector in view of
the liberalised policy of the Government.
2. The Print Media Policy of 1955, inter alia, provides that—(i) no foreign owned
newspapers and periodicals should be published in India; (ii) the foreign newspapers and
periodicals dealing mainly with news and current affairs should not be allowed to bring out
Indian editions. The aforesaid Policy of 1955 was reviewed, from time to time, and as on date
it, inter alia, allows—
(a) the foreign direct investment up to a ceiling of twenty-six per cent. of paid up
equity capital in Indian entities publishing newspapers and periodicals dealing with
news and current affairs and hundred per cent., in the scientific, technical and specialty
category subject to certain conditions;
(b) the publication of facsimile editions, in whole or in part, of foreign newspapers
by Indian entities, with or without foreign investment, and also by foreign companies
owning the original newspaper;
(c) the publication of Indian editions of foreign scientific, technical, specialty
and news and current affairs magazines, periodicals and journals.
3. In view of the liberalised policy of the Government, the Print Media has not only
attracted the foreign direct investment but also led to a phenomenal increase in the availability
of the foreign scientific and technical magazines in India. The Print Media Policy of 1955,
which so far prohibited bringing out of foreign publications in India, has since been reviewed
from time to time and the issues of foreign direct investment, facsimile editions, Indian
edition of foreign newspapers, syndication, etc., are now being regulated through executive
orders which needs to be supported with the statutory provisions to elicit optimum results
and hassle free entry of foreign publications. Thus, in order to give statutory backing to the
Print Media Policy and various guidelines, it is proposed to enact a new legislation to amend
and consolidate the laws relating to press and registration of books and publications.
4. The proposed Press and Registration of Books and Publications Bill, 2011, inter
alia, makes the following, namely:—
(a) every book or publication printed within India shall have legibly printed on it
the date of its publication, name of the owner, printer, publisher, editor and complete
address of place of printing and the publication;
(b) every person who owns and operates any press for the printing of books or
publications shall make and subscribe a declaration in such form as may be prescribed
before the specified authority within whose local jurisdiction such press is kept;
(c) a person, being an entity incorporated and registered in India under any law
for the time being in force, or a citizen of India, may bring out a publication, but a
person who has been convicted by any court for an offence involving terrorist act or
unlawful activity or for having done anything against the security of the State shall
not bring out a publication;
(d) the owner of any proposed publication may make an application proposing
one or more titles, not exceeding five, in order of preference to the specified authority
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for verification of one of titles of the publication and the specified authority may after
verification of antecedents of the applicant and after satisfying himself about the
eligibility of such applicant, within a period of three months, recommend or reject the
application;
(e) the Press Registrar General, on receipt of the recommendation from the specified
authority shall, in writing and in such manner as may be prescribed, approve one of the title
and it may reject all the proposed titles if such titles are– (i) the same or similar to that of any
existing publication, except in the case of publications owned by the same person; or (ii)
obscene; or (iii) similar to name of symbols of terrorists or terrorist organisations either in full
or in abbreviated form; or (iv) same or similar to that of a known foreign publication;
(f) the printer and the publisher of every publication shall appear in person or by agent
authorised in this behalf before a specified authority within whose local jurisdiction such
publication shall be printed or published, and make and subscribe a declaration in duplicate
in the prescribed form;
(g) no person, who does not ordinarily reside in India, or who has not attained the
majority in accordance with the provisions of the Indian Majority Act, 1875 or of any law for
the time being in force to which he is subject in respect of the attainment of majority, shall be
permitted to make a declaration or edit a publication;
(h) no publication shall be printed and published in India except with the prior approval
of the Central Government, if—
(i) such publication is owned by any individual who is not an Indian citizen or
unincorporated body of individuals or body corporate incorporated under the law of
any country other than India; or
(ii) its title is same or similar to a known foreign publication; or
(iii) its foreign news content in an issue of an Indian publication exceeds the
limit prescribed for such publication; or
(iv) such publication has investment from any individual who is not an Indian
citizen or unincorporated body of individuals or body corporate incorporated under
the law of any country other than India; or
(v) it is a facsimile edition of a known foreign publication;
(i) any person aggrieved by an order of a specified authority refusing to authenticate
a declaration or cancelling a declaration may prefer an appeal to the Press and Registration
Appellate Board, to be constituted by the Central Government, consisting of a Chairperson
and a member, to be nominated by the Press Council of India from among its members;
(j) the publisher of every publication shall furnish to the Press Registrar General the
returns, statistics and other information with respect to any specified particulars;
(k) it also provides for offences, punishment and penalties for contravention of the
provisions of the proposed legislation.
5. The notes on clauses explain in detail various provisions of the Bill.
6. The Bill seeks to achieve the above objectives.
NEW DELHI;
The 2nd December, 2011. AMBIKA SONI.
Notes on Clauses
Clause 1.— This clause provides for short title, extent and commencement.
Clause 2.—This clause provides for definitions. It defines the certain expression used
in the proposed legislation which, inter alia, includes: the expressions “book”, “editor”,
“electronic form”, “facsimile edition”, “foreign publication”, “journal”, “known foreign
publication”, “magazine”, “newsletter”, “owner”, “Press Registrar General”, “printer”,
“printing”, “publication”, “publisher”, “syndication” and “title”, etc.
Clause 3.— This clause provides for particulars to be printed on books and publications.
It provides that every book or publication printed within India shall have legibly printed on
it the date of its publication, name of the owner, printer, publisher, editor and complete
address of place of printing and of the publication.
It further provides that in case an edition of a publication is being printed from more
than one location, the name of the printer and each printing press with their complete address
shall be disclosed in the imprint line of each print.
Clause 4.— This clause provides that owner of printing press to make declaration. It
provides that every person who owns and operates any press for the printing of books or
publications shall make and subscribe a declaration in prescribed form before the specified
authority within whose local jurisdiction such press is kept.
It further provides that whenever the place where a press is kept is changed, a fresh
declaration shall be necessary but where the change is for a period not exceeding sixty days
and the place where the press is kept after the change is within the local jurisdiction of the
aforesaid specified authority, fresh declaration shall not be necessary if a statement relating
to the change is furnished to the said specified authority within three days thereof; and the
owner of the press continues to be the same.
Clause 5.— This clause provides that who may bring out a publication. It provides
that a person, being an entity incorporated and registered in India under any law for the time
being in force, or a citizen of India, may bring out a publication.
It further provides that any person, who has been convicted by any court for an
offence involving terrorist act or unlawful activity; or for having done anything against the
security of the State, shall not bring out a publication.
I also provides an explanation for the purpose of this clause that the expression
“terrorist act” or “unlawful activity” shall have the meanings respectively assigned to them
in clauses (k) and (o) of sub-section (1) of section 2 of the Unlawful Activities (Prevention)
Act, 1967 (37 of 1967).
Clause 6.— This clause provides for verification and registration of title. It provides
that the owner of any proposed publication may make an application in prescribed form
proposing one or more titles, not exceeding five, in order of preference to the specified
authority for verification of one of titles of the publication and if the owner of the proposed
publication is an entity incorporated and registered in India, the authorised signatory shall
make an application on behalf of that entity:
It further provides that the specified authority may after verification of antecedents of
the applicant and after satisfying himself about the eligibility of such applicant, within a
period of three months, recommend or reject the application and if application is rejected the
person concerned shall be given an opportunity of hearing.
It also provides that on receipt of the recommendation from the specified authority, the
Press Registrar General shall approve one of the title or reject all the proposed titles if such
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titles are – (a) the same or similar to that of any existing publication, except in the case of
publications owned by the same person; or (b) obscene; or (c) similar to name of symbols of
terrorists or terrorist organisations either in full or in abbreviated form; or (d) same or similar
to that of a known foreign publication. The decision of the Press Registrar General as to title
shall be final.
It also provides that every title of a publication approved under this clause shall be
deemed to have been cancelled and become available to new applicants if the authenticated
declaration made under clause 10 is not filed with the Press Registrar General within a period
of six months from the date of such approval. The Press Registrar General may, if he is
satisfied that the delay in filing the authenticated declaration by the applicant was beyond
the control of the applicant, extend the time for such period, not exceeding four months,
after recording the reasons in writing.
It also provides that any owner of a publication may, after registration, transfer the title
of such publication to any person, in the prescribed manner.
It also provides that a title verified under this clause, if not registered under clause 30
within one year of its verification, shall stand cancelled. The Press Registrar General may, in
exceptional cases, grant further period of four months to those publications where the delay
is due to reasons beyond the control of the title holder.
Clause 7.— This clause provides that printer and publisher of a publication to make
declaration. It provides that the printer and the publisher of every publication shall appear
in person or by agent authorised in this behalf, before a specified authority within whose
local jurisdiction such publication shall be printed or published, and make and subscribe a
declaration in duplicate, in prescribed form.
It further provides that every declaration shall specify the title of the publication, the
language in which it is to be published and the periodicity of its publication.
It also provides that where the printer or publisher of a publication making a declaration
is not the owner thereof, the declaration shall specify the name of the owner and shall also be
accompanied by an authority in writing from the owner authorising such person to make and
subscribe such declaration.
It also provides that a declaration made in respect of a publication under this clause
and authenticated under clause 10 shall be necessary before the publication can be published
and where the periodicity of a publication is changed, the declaration shall cease to have
effect and a fresh declaration shall be necessary before the publication can be continued
and whenever the ownership of a publication is changed or the place of printing or publication
is changed, a fresh declaration shall be necessary.
It also provides whenever the printer or the publisher who made such declaration
leaves India for a period exceeding ninety days or where such printer or publisher is by
infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding
ninety days in circumstances not involving the vacation of his appointment, a fresh declaration
shall be necessary.
It also provides that every declaration made in respect of a publication shall be void,
where the publication does not commence, in the case of a publication to be published once
a week or often, within six weeks of the authentication of the declaration under clause 10; and
in the case of any other publication, within three months of the authentication of the declaration
under clause 10, and in every such case, a fresh declaration shall be necessary before the
publication can be brought out.
It also provides that every existing declaration in respect of a publication shall be
cancelled by the specified authority before whom a fresh declaration is made and subscribed
in respect of the same and the declaration shall cease to have effect if the publication has not
been brought out as per the declared periodicity, for a period exceeding one year, and in all
such cases the registration number and the title shall be deemed to have been cancelled.
20
Clause 8.— This clause provides for prohibition as to making declaration under
clause 7, or editing of a publication, in certain cases. It provides that no person shall be
permitted to make a declaration under clause 7, or edit a publication if he does not ordinarily
reside in India, or has not attained majority in accordance with the provisions of the Indian
Majority Act, 1875 (9 of 1875) or of any law for the time being in force to which he is subject
in respect of the attainment of majority.
Clause 9.— This clause provides for limits of foreign news content, foreign investment,
etc. It provides that without prejudice to the other provisions of proposed legislation, no
publication shall be printed and published in India except with the prior approval of the
Central Government granted in this behalf, if —(a) such publication is owned by any individual
who is not an Indian citizen or unincorporated body of individuals or body corporate
incorporated under the law of any country other than India; or (b) its title is same or similar
to a known foreign publication; or (c) its foreign news content in an issue of an Indian
publication exceeds the limit prescribed for such publication; or (d) such publication has
investment from any individual who is not an Indian citizen or unincorporated body of
individuals or body corporate incorporated under the law of any country other than India;
or (e) it is a facsimile edition of a known foreign publication.
It further provides that any person who intends to print or bring out a publication
referred to in sub-clause (1) may make an application to the Central Government for its prior
approval in prescribed form and accompanied with prescribed fee.
It also provides that the Central Government may, subject to such terms and conditions
as it may deem fit, grant approval for printing or publishing the publication referred to in subclause
(1) or refuse to grant such approval after recording the reasons thereof and giving
him an opportunity of hearing.
Clause 10.— This clause provides for Authentication of declaration. It provides that
the specified authority, before whom declaration has been made under the proposed legislation
shall within a period of two months, authenticate each of the two originals of the declaration,
with his signature and official seal with date or through his electronic signature with date but
the specified authority shall not authenticate the declaration made under clause 7 unless it
is accompanied by a title approved under clause 6:
It also provides that that any declaration so made and authenticated under the
provisions of the Press and Registration of Books Act, 1867 before the commencement of the
proposed legislation shall be deemed to have been made and authenticated under the
corresponding provisions of the proposed legislation.
It also provides that a copy of the declaration authenticated by the specified authority,
or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as
possible to the person making and subscribing the declaration and also to the Press Registrar
General.
Clause 11.— This clause provides for deposit of declaration. It provides that one of
the originals of the declaration referred to in clause 10 shall be deposited among the records
of the office of the specified authority.
Clause 12.— This clause provides for Inspection and supply of copies of declaration.
It provides that the Officer-in-charge of each original shall allow any person to inspect that
original on payment of a fee of one hundred rupees, 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 hundred rupees.
Clause 13.— This clause provides for office copy of declaration to be prima facie
evidence. It provides that in any legal proceeding, whether civil or criminal, the production of
a copy of declaration so authenticated under clause 10 or clause 15, attested by the seal of
the specified authority or in case of the editor, a copy of the publication containing his name
printed on it as that of the editor or in case of more than one editor, the editor finally
21
responsible for the selection of the matter shall be held (unless the contrary be proved ) to be
sufficient evidence, as against the person whose name shall be subscribed to such declaration,
or printed on such publication, as the case may be, that the said person was printer or
publisher, or printer and publisher (according as the words of the said declaration may be) of
every portion of every publication whereof the title shall correspond with the title of the
publication mentioned in the declaration, or the editor of every portion of that issue of the
publication, of which a copy is produced.
Clause 14.— This clause provides for new declaration by persons who have signed a
declaration and subsequently ceased to be printer or publisher or owner. It provides that if
any person has subscribed to any declaration in respect of a publication under clause 7 and
the declaration has been authenticated by a specified authority under clause 10 and
subsequently that person ceases to be the printer or publisher or owner of publication
mentioned in such declaration, he shall appear in person or through his authorised
representative before the specified authority and make and subscribe a declaration in
duplicate, in prescribed form.
It further provides that the owner shall also file declaration for change of printer or
publisher by appearing before the specified authority concerned and make and subscribe a
declaration in duplicate, in prescribed form.
Clause 15.— This clause provides for authentication and filing of declaration made
under clause 14. It provides that each original of the declaration made under clause 14 shall
be authenticated by the signature with date and seal of the specified authority before whom
the said declaration shall have been made, and one original of the said declaration shall be
filed along with original of the declaration authenticated under clause 10 and a copy of the
declaration attested by the official seal of the specified authority shall be forwarded to the
Press Registrar General.
Clause 16.— This clause provides for inspection and supply of copies of declaration
made under clause 14. It provides that the Officer-in-charge of each original of the declaration
made under clause 14 shall allow any person applying to inspect that original, on payment of
a fee of one hundred rupees, and shall give to any person applying a copy of the said
declaration, attested by the seal of the specified authority having custody of the original, on
payment of a fee of two hundred rupees.
Clause 17.— This clause provides for putting up copy of declaration in evidence. It
provides that in all trials in which a copy attested, of the former declaration have been put in
evidence, it shall be lawful to put in evidence a copy, attested, of the latter declaration, and
the former declaration shall not be taken to be evidence that the declarant was, at any period
subsequent to the date of the latter declaration, printer or publisher of the publication therein
mentioned.
Clause 18.— This clause provides that person whose name has been incorrectly
published as editor may make a declaration before a specified authority. It provides that if
any person, whose name has appeared as editor on a copy of a publication, claims that he
was not the editor of the issue on which his name has so appeared, he may, within two weeks
of his becoming aware that his name has been so published, appear before a specified
authority and make a declaration in prescribed form that his name was incorrectly published
in that issue as that of the editor thereof, and if the said specified authority, after making such
inquiry or causing such inquiry to be made as he may consider necessary, is satisfied that
such declaration is true, he shall certify accordingly, and on that certificate being given, the
provisions of clause 13 shall not apply to that person in respect of that issue of the publication.
It further provides that the specified authority may extend the period under sub-clause
(1) in case he is satisfied that such person was prevented by sufficient cause from appearing
and making the declaration within that period.
Clause 19.— This clause provides for Cancellation of declaration. It provides that the
specified authority empowered to authenticate a declaration under the proposed legislation
22
may, after giving the concerned person an opportunity of hearing, cancel the declaration
made in respect of a publication, if- (a) the publication, in respect of which the declaration
has been made is being published in contravention of the provision of this Act or rules made
there under; or (b) the publication mentioned in the declaration bears a title which is the same
as, or similar to, that of any other publication; or (c) the owner has ceased to be the owner of
the publication mentioned in such declaration; or (d) the declaration was made on false
representation or on the concealment of any material fact or in respect of a periodical work
which is not a publication, and forward a copy of the order to the person making or subscribing
the declaration and also to the Press Registrar General.
It further provides that on the cancellation of declaration under sub-clause (1), the title
and the registration certificate issued by Press Registrar General shall also be deemed to be
cancelled with effect from the date of such cancellation of declaration.
Clause 20.— This clause provides for appeal. It provides that any person aggrieved
by an order of a specified authority refusing to authenticate a declaration under clause 10 or
cancelling a declaration under clause 19 may, within sixty days from the date on which such
order is communicated to him, prefer an appeal to the Press and Registration Appellate
Board, to be constituted by the Central Government, by notification in the Official Gazette
consisting of a Chairperson and another member, to be nominated by the Press Council of
India, established under section 4 of the Press Council Act, 1978(37 of 1978), from among its
members. The Appellate Board may entertain an appeal after the expiry of the said period, if
it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal
in time.
It also provides that on receipt of an appeal, the Appellate Board may, after calling for
the records from the specified authority and after making such further inquiries as it thinks
fit, confirm, modify or set aside the order appealed against and the decision of the Appellate
Board shall be final.
Clause 21.— This clause provides that copies of books printed to be delivered gratis
to Government. It provides that the printed copies of the whole of every book which shall be
printed in India together with all maps, prints or other engravings belonging thereto, finished
and coloured in the same manner as the best copies of the same shall, notwithstanding any
agreement between the printer and publisher thereof, if the book is published, be delivered
by the printer at such place and to such officer as the State Government shall, by notification
in the Official Gazette, from time to time direct, and free of expense to the Government.
It further provides that nothing in sub-clause (1) shall apply to any second or
subsequent edition of a book in which edition no additions or alterations either in the letterpress
or in the maps, prints or other engravings belonging to the book have been made, and
a copy of the first or some preceding edition of which book has been delivered under the
proposed legislation.
Clause 22.— This clause provides for receipt for copies delivered under clause 21. It
provides that the officer to whom a copy of book is delivered under clause 21 shall give to the
printer a receipt in writing therefor.
Clause 23.— This clause provides for disposal of copies delivered under clause 21. It
provides that the copy delivered under clause 21 shall be disposed of as the State Government
shall from time to time determine or be transmitted to the Central Government, as the case
may be.
Clause 24.— This clause provides that copies of publication printed in India to be
delivered gratis to Government. It provides that the publisher of every publication in India
shall deliver at such place and to such officer as the State Government may, by notification
in the Official Gazette, direct, and free of expense to the Government, two copies of each
issue of such publication as soon as it is published.
23
Clause 25.— This clause provides that copies of publication delivered to Press Registrar
General. It provides that the publisher of every publication in India shall deliver free of
expense one copy of each issue of such publication as and when demanded by the Press
Registrar General.
It further provides that every publisher shall preserve one copy of every issue of the
publication, either in hard copy or in electronic form and shall provide the same as and when
demanded by the Press Registrar General.
Clause 26.— This clause provides for Registration of memorandum of books. It provides
that there shall be kept at such office, and by such officer as the State Government shall
appoint in this behalf, a book to be called a Catalogue of Books printed in India, wherein shall
be registered a memorandum of every book which shall have been delivered under item (a) of
sub-clause (1) of clause 21, containing the particulars specified in this clause.
It further provides that the memorandum shall be made and registered in the case of
each book as soon as practicable after the delivery of the copy thereof pursuant to item (a)
of sub-clause (1) of clause 21.
Clause 27.— This clause provides for publication of memorandum registered. It
provides that the memorandum registered during each quarter in the catalogue referred to in
clause 26 shall be published in the Official Gazette, as soon as may be after the end of such
quarter, and a copy of the memorandum so published shall be sent to the Central Government.
Clause 28.— This clause provides for appointment of Press Registrar General and
other officers. It provides that the Central Government may appoint Press Registrar General
of India and such other officers under the general superintendence and control of the Press
Registrar General as may be necessary for the purpose of performing the functions assigned
to them by or under the proposed legislation, and may, by general or special order, provide
for the distribution or allocation of functions to be performed by them under the proposed
legislation.
Clause 29.— This clause provides for register of publications. It provides that the
Press Registrar General shall maintain a Register of publications in prescribed manner.
It further provides that the Register shall contain the particulars about every publication
brought out in India as are specified in this clause.
It also provides that the Press Registrar General 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-do-date on receiving information from time to time
about the aforesaid particulars.
Clause 30.— This clause provides for certificate of registration. It provides that the
Press Registrar General shall, as soon as practicable, issue a certificate of registration in
respect of the publication to the publisher thereof on receiving copy of the declaration in
respect of that publication, and on bringing out of such publication, from the specified
authority under sub-clause (2) of clause 10 or sub-clause (2) of clause 15.
Clause 31.— This clause provides for annual statement, etc., to be furnished by
publisher. It provides that it shall be the duty of the publisher, and owner in the absence of
the publisher, of every publication – (a) to furnish to the Press Registrar General an annual
statement in respect of the publication, at such time and containing such other particulars
referred to in sub-clause (2) of clause 29, as may be prescribed; and (b) to publish in the
publication at such times and such of the particulars relating to the publication referred to in
sub-section (2) of section 29 as may be specified in this behalf by the Press Registrar General.
It further provides that if a publisher or owner required to submit annual statement
under the proposed legislation fails to submit the annual statement for a consecutive period
of three years, the title, declaration and the registration of the publication concerned shall
stand cancelled.
24
It also provides that the Press Registrar General shall cause publication of the
cancellation of any publication in at least one daily newspaper circulating in the locality in
which the publication concerned is brought out.
Clause 32.— This clause provides for returns and reports to be furnished by publisher.
It provides that the publisher of every publication shall furnish to the Press Registrar General
such returns, statistics and other information with respect to any of the particulars referred
to in sub-clause (2) of clause 29 as the Press Registrar General may from time to time require.
Clause 33.— This clause provides for right to access to records and documents. It
provides that the Press Registrar General or any gazetted officer authorised by him in writing
in this behalf shall, for the purpose of the collection of any information relating to a publication
under the proposed legislation, have access to any relevant record or document relating to
the publication 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 the proposed legislation.
Clause 34.— This clause provides for circulation verification. It provides that the
Press Registrar General on his own or on any request made to him, may conduct, through an
officer or auditor authorised in this behalf, a verification in the prescribed manner, as regard
to circulation of the publication mentioned in the annual statement. The verification shall be
made in respect of a publication brought out in a financial year and not a part thereof.
It further provides that in cases where the circulation verification is conducted on the
request made by the owner, publisher or any other person, the verification shall be made on
payment of prescribed fee.
Clause 35.— This clause provides for annual report. It provides that the Press Registrar
General 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 publications in India and giving an account of the working of such
publications, and copies thereof shall be forwarded to the Central Government.
Clause 36.— This clause provides for furnishing of copies of extract from Register. It
provides that on the application of any person for the supply of copy of any extract from the
Register and on payment of such fee as may be prescribed, the Press Registrar General shall
furnish such copy to the applicant in such form and manner as may be prescribed.
Clause 37.— This clause provides for production of documents before Press Registrar
General. It provides that the publisher, printer or owner shall, on a demand made in writing,
specifying the reasons for such demand by the Press Registrar General, produce before the
Press Registrar General any document referred to in any report or return submitted by such
publisher, printer or owner, within a period of thirty days from the date of receipt of the
demand so made.
Clause 38.— This clause provides for penalty for printing contrary to clause 3. It
provides that whoever prints or publishes any book or publication otherwise than in
conformity with clause 3 shall be liable to a fine not exceeding five thousand rupees in
addition to suspension of the publication for a period of thirty days.
Clause 39.— This clause provides for penalty for owning press without making
declaration required by clause 4. It provides that whoever owns any press in contravention
of the provisions of clause 4 shall be liable to a fine not exceeding five thousand rupees in
addition to sealing of the printing press for a period of thirty days.
Clause 40.— This clause provides for penalty for failure to make a declaration under
clause 14. It provides that if any person who has ceased to be a printer or publisher or owner
of any publication fails or neglects to make a declaration under clause 14, he shall be liable to
a fine not exceeding five thousand rupees.
25
Clause 41.— This clause provides for penalty for not delivering books or not supplying
printer with maps. It provides that if any printer of any such book as is referred to in clause
21 neglects to deliver copies of the same pursuant to that section, he shall for every such
default forfeit to the Government such sum not exceeding two thousand rupees as a
Magistrate having jurisdiction in the place where the book was printed may, on the application
of the officer to whom the copies should have been delivered or of any person authorised by
that officer in this behalf, determine to be in the circumstances a reasonable line for the
default, and, in addition to such sum, such further sum as the Magistrate may determine to be
the value of the copies which the printer ought to have delivered.
It further provides that if any publisher or other person employing any such printer
neglects to supply him, in the matter provided in sub-clause (2) of clause 21 with the maps,
prints or engravings which may be necessary to enable him to comply with the provisions of
that section, such publisher or other person shall for every such default forfeit to the
Government such sum not exceeding two thousand rupees as such a Magistrate may, on
such an application, determine to be in the circumstances a reasonable line for the default,
and, in addition to such sum, such further sum as the Magistrate may determine to be the
value of the maps, prints or engravings which such publisher or other person ought to have
supplied.
Clause 42.— This clause provides for penalty for failure to supply copies of publications
gratis to Government. It provides that if any publisher of any publication brought out in
India neglects to deliver copies of the same in compliance with clause 24, he shall, on the
complaint of the officer to whom copies should have been delivered or of any person
authorised by that officer in this behalf, be liable to a line which may extend to five thousand
rupees for every default.
Clause 43.— This clause provides for punishment for making false statement. It
provides that any person who, in making any declaration or other statement under the
authority of the proposed legislation, makes a statement which is false, and which he either
knows or believe to be false or does not believe to be true, shall be punishable with
imprisonment for a term not exceeding six months and with fine which may extend to ten
thousand rupees.
Clause 44.— This clause provides for penalty for printing or bringing out publication
without conforming to the provisions of the proposed legislation. It provides that whoever
edits, prints or brings out any publication without conforming to the provisions of the
proposed legislation and rules made thereunder, or whoever edits, prints or publishes, or
causes to be edited, printed or published any publication, knowing that the provisions of the
proposed legislation or the rules made thereunder have not been complied with, shall be
punishable with imprisonment for a term not exceeding six months or with fine which may
extend to ten thousand rupees, or with both.
It further provides that where an offence is committed in relation to publication under
sub-clause (1), the court may, in addition to the punishment imposed under the said subsection,
also cancel the declaration in respect of the publication.
Clause 45.— This clause provides for penalty for failure to supply copies of publications
to Press Registrar General. It provides that if any publisher of a publication brought out in
India neglects to deliver the copies of the publication as required under clause 25, he shall be
liable to a line which may extend to five thousand rupees.
Clause 46.— This clause provides for penalty for failure to produce documents before
Press Registrar General. It provides that if the publisher, printer or owner neglects to produce
any document before the Press Registrar General in compliance with the provisions of clause
37, he shall be liable to a line which may extend to five thousand rupees.
Clause 47.— This clause provides for penalty for contravention of clause 31 or clause
32. It provides that if the publisher of any publication refuses or neglects to comply with the
26
provisions of clause 31 or clause 32, he shall be liable to a penalty which may extend to five
thousand rupees in addition to a further line of a sum of ten rupees for each day default.
Clause 48.— This clause provides for recovery of forfeitures and disposal thereof and
of fines. It provides that any sum forfeited to the Government under the proposed legislation
and rules made thereunder may be recovered, under the warrant of a Magistrate determining
the sum, or of his successor in office, in the manner authorised by the Code of Criminal
Procedure, 1973 (2 of 1974) for the time being in force, and within the period prescribed by
the Indian Penal Code (45 of 1860) for the levy of a fine.
Clause 49.— This clause provides for cognizance of offence. It provides that no court
shall take cognizance of any offence under the proposed legislation, except upon a complaint
in writing made by the Press Registrar General or the specified authority or by any officer
authorised by the Press Registrar General or the specified authority, as the case may be, for
this purpose.
It further provides that no court inferior to that of a Metropolitan Magistrate or a
Magistrate of the First Class shall try any offence under the proposed legislation.
Clause 50.— This clause provides for delegation of powers. It provides that the Press
Registrar General may delegate all or any of his powers under the proposed legislation to any
officer subordinate to him subject to the provisions of the proposed legislation and rules
made thereunder.
Clause 51.— This clause provides that Press Registrar General and other officers to
be public servants. It provides that the Press Registrar General and all officers appointed
under the proposed legislation shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
Clause 52.— This clause provides for protection of action taken in good faith. It
provides that no suit or other legal proceedings shall lie against the Central Government or
a State Government or the Press Registrar General or any officer or employee authorised by
the Press Registrar General, for anything which is in good faith done or intended to be done
in pursuance of the proposed legislation or the rules made thereunder.
Clause 53.— This clause provides for power of Central Government to make rules. It
provides that the Central Government may, by notification in the Official Gazette, make rules
for carrying out the objects of the proposed legislation.
It further specifies the matter in respect of which such rules may be made.
It also provides that every rule made under the proposed legislation shall be laid as
soon as may be after it is made before each House of Parliament.
Clause 54.— This clause provides for power of State Government to make rules. It
provides that the State Government may, by notification in the Official Gazette, make rules in
respect of books referred to in Chapters III and IV, not inconsistent with the rules made by
the Central Government, as may be necessary or desirable for carrying out the objects of the
proposed legislation.
It further provides that every rule made by the State Government under this clause
shall be laid, as soon as may be after it is made, before the State Legislature.
Clause 55.— This clause provides for power to exclude any class of books and
publications from operation of the proposed legislation. It provides that the State Government
may, with the previous approval of the Central Government, by notification in the Official
Gazette, exclude any class of books or publications from the operation of the whole or any
part or parts of the proposed legislation.
Clause 56.— This clause provides for power to remove difficulties. It provides that if
any difficulty arises in giving effect to the provisions of the proposed legislation, the Central
Government may, in consultation with the Press Registrar General, by order published in the
27
Official Gazette, make such provisions not inconsistent with the provisions of the proposed
legislation, as appear to it to be necessary or expedient for removing the difficulty:
It further provides that no such order shall be made under this section after the expiry
of three years from the commencement of the legislation.
It also provides that every order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
Clause 57.— This clause provides for repeal and saving. It provides that the Press
and Registration of Books Act, 1867 is hereby repealed.
It further provides that notwithstanding such repeal, —
(a) anything done or any action taken or purported to have been done or taken
(including any rule, notification, inspection, order or declaration made or any document
or instrument executed or any direction given or any proceedings taken or any penalty
or fine imposed) under the Act hereby repealed shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been done or taken under the
corresponding provisions of the proposed legislation;
(b) any declaration, including title thereof, so made and authenticated under the
provisions of the Act hereby repealed, shall be deemed to have been made and
authenticated under the corresponding provisions of the proposed legislation;
(c) any proceeding pending in any court at the commencement of this Act may
be continued in that court as if the proposed legislation has not been enacted;
(d) the Press Registrar and other officers appointed under section 19A of the Act
hereby repealed and holding office as such immediately before the commencement of
the proposed legislation, shall, on the commencement of this Act, continue to hold
their respective offices under the corresponding provisions of the proposed legislation,
unless and until they are removed or superannuated;
(e) the Press and Registration Appellate Board established under the Act hereby
repealed shall, continue to function under the corresponding provisions of the proposed
legislation, unless and until the Appellate Board is constituted under the proposed
legislation;
(f) any appeal preferred to the Press and Registration Appellate Board under
section 8C of the Act hereby repealed but not disposed of before the commencement
of the proposed legislation may be disposed of by the Appellate Board constituted
under the proposed legislation;
(g) any penalty payable under the Act hereby repealed may be recovered in the
manner provided by or under the proposed legislation but without prejudice to any
action already taken for the recovery of such penalty under the Act so repealed;
(h) any certificate of registration issued or granted under the Act hereby repealed
shall continue to have effect after the commencement of the proposed legislation
under the same conditions as if the proposed legislation had not been enacted.
It also provides that the mention of the particular matters in sub-clause (2) shall not be
held to prejudice or affect the general application of section 6 of the General Clauses Act,
1897 (10 of 1897) with regard to the effect of repeal.
FINANCIAL MEMORANDUM
Sub-clause (1) of clause 20 provides that any person aggrieved by an order of a
specified authority refusing to authenticate a declaration under clause 10 or cancelling a
declaration under clause 19 may, within sixty days from the date on which such order is
communicated to him, prefer an appeal to the Press and Registration Appellate Board, to be
constituted by the Central Government, by notification in the Official Gazette consisting of a
Chairperson and another member, to be nominated by the Press Council of India, established
under section 4 of the Press Council Act, 1978, from among its member.
2. Clause 28 of the Bill provides that the Central Government may appoint Press Registrar
General of India and such other officers under the general superintendence and control of
the Press Registrar General as may be necessary for the purpose of performing the functions
assigned to them by or under the proposed legislation, and may, by general or special order,
provide for the distribution or allocation of functions to be performed by them under the
proposed legislation.
3. It proposed that the Press Registrar and other officers appointed under section 19A
of the Press and Registration of Books Act, 1867 to be repealed under proposed legislation
and holding office as such immediately before the commencement of the proposed legislation,
shall, on the commencement of the proposed legislation, continue to hold their respective
offices under the corresponding provisions of the proposed legislation, unless and until
they are removed or superannuated and the Press and Registration Appellate Board established
under the said repealed shall, continue to function under the corresponding provisions of
the proposed legislation, unless and until the Appellate Board is constituted under the
proposed legislation.
4. As the Press Registrar and other officers appointed under section 19A of the Press
and Registration of Books Act, 1867 and the Press and Registration Appellate Board
established under the said Act are proposed to continue to function as such under the
proposed legislation, there is no financial implication involved in the Bill.
28
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 53 of the Bill empowers the Central Government to make, by notification in
the Official Gazette, rules for carrying out the provisions of the proposed legislation. Subclause
(2) specifies the matters in respect of which such rules may be made. These matters,
inter alia, include matters: (a) the form in which a declaration shall be made by the owner of
a publication under sub-clause (1) of clause 4; (b) the form, fees and manner of making an
application under sub-clause (2) of clause 6; (c) the manner in which the Press Registrar
General may approve or reject the title under sub-clause (4) of clause 6; (d) the manner in
which owner of publication may transfer the title under sub-clause (7) of clause 6; (e) the
form in which a declaration shall be made by the printer and publisher under sub-clause (1)
of clause 7; (f) limit in a publication, of foreign news content under clause (c), and of foreign
investment under item (d) sub-clause (1) of clause 9; (g) the form and fee for an application
under sub-clause (2) of clause 9; (h) the form in which fresh declaration shall be made under
clause 14; (i) the form in which a declaration may be made by a person whose name has been
incorrectly published as editor under sub-clause (1) of clause 18; (j) the manner in which a
Register shall be maintained under sub-clause (1) of clause 29; (k) other particulars relating
to ownership under clause (j), and any other particulars under item (k) of sub-clause (2) of
clause 29; (l) the time within which and the particulars in respect of which, an annual statement
shall be furnished by the publisher or the owner of a publication, to the Press Registrar
General under item (a) of sub-clause (1) of clause 31; (m) the manner in which verification may
be conducted by an officer or auditor under sub-clause (1) of clause 34; (n) the fee for
verification conducted on the request made by the owner, publisher or any other person
under sub-clause (3) of clause 34; (o) the form in which, and the time within which, annual
report may be prepared by the Press Registrar General under clause 35; (p) fee for furnishing
copies of extracts from the Register and the form and manner in which such copies may be
furnished under clause 36; (q) any matter relating to books referred to in Chapters III and IV;
(r) any other matter which is required to be, or may be, prescribed.
2. The rules made by the Central Government are required to be laid, as soon as they
are made, before both Houses of Parliament.
3. Clause 54 of the Bill empowers the State Government to make, by notification in the
Official Gazette, rules in respect of books referred to in Chapters III and IV, not inconsistent
with the rules made by the Central Government, as may be necessary or desirable for carrying
out the objects of the proposed legislation.
4. The rules made by the State Government are required to be laid, as soon as may be
after it is made, before the State Legislature.
5. The matters in respect of which rules may be made are generally matters of procedure
and administrative details and it is not practicable to provide for them in the Bill itself. The
delegation of legislative powers is, therefore, of a normal character.
29
LOK SABHA
————
A
BILL
to amend and consolidate the laws relating to press and registration of books and
publications.
————
(Smt. Ambika Soni, Minister of Information and Broadcasting)
GMGIPMRND—3053LS—08-12-2011.