Lawgist5Rules as to publication of newspapers
No 1[newspaper] shall be published in 2[India] except in conformity with the rules hereinafter laid down:
3[(1) Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.]
4[(2)] The printer and the publisher of every such 5[newspaper] shall appear 6[in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published 7***]] and shall make and subscribe, in duplicate, the following declaration:
"I, A. B., declare that I am the printer (or publisher, or printer and publisher) of the 5newspaper] 8[and to be printed or published, or to be printed and published], as the case may be at---.
And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.
9[(2A) Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed.]
10[(2B) Where the printer or publisher of a newspaper making a declaration under rule (2) 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.
(2C) A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be necessary before the newspaper can be published.
(2D) Where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(2E) As often as the ownership of a newspaper is changed, a new declaration shall be necessary.]
11[(3] As often as the place of printing or publication is changed, a new declaration shall be necessary:
12[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 Magistrate referred to in rule (2),no new declaration shall be necessary if--
(a) a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof; and
(b) the printer or publisher or the printer and publisher of the newspaper continues to be the same.]
13[(4) 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 new declaration shall be necessary.]
12[(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication--
(a) within six weeks 14[of the authentication of the declaration under section 6], in the case of a newspaper to be published once a week or oftener; and
(b) within three months 14[of the authentication of the declaration under section 6], in the case of any other newspaper, and in every such case, a new declaration shall be necessary before the newspaper can be published.
(6) Where, in any period of three months, any daily, tri-weekly, biweekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.
(7) Where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be republished.
(8) Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a new declaration is made and subscribed in respect of the same]:
15[Provided that no person 16[who does not ordinarily reside in India, or] who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (19 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper.]
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1. Subs. by Act 14 of 1922, s. 3 and the First Schedule, for "printed periodical work containing public news or comments on public news,".
2. Subs. by Act 3 of 1951, s. 3 and Schedule, for "the States".
3. Subs. by Act 26 of 1960, s. 2, for rule (1) (w.e.f.1-10-1960) which was ins. by Act 14 of 1922, s. 3 and the First Schedule.
4. Rule (1) re-numbered as rule (2) by Act 14 of 1922, s. 3 and the First Schedule.
5. Subs. by s. 3 and the First Schedule, ibid., for "periodical work".
6. Subs. by s. 3 and the First Schedule, ibid., for "before the magistrate within whose local jurisdiction such work shall be published".
7. The words ", or such printer or publisher resides," omitted by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
8. Subs. by Act 55 of 1955, s. 6, for certain words (w.e.f. 1-7-1956).
9. Ins. by s. 6,ibid.
10. Ins. by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
11. Rule (2) re-numbered as rule (3) by Act 14 of 1922, s. 3 and the First Schedule.
12. Ins. by Act 55 of 1955, s. 6 (w.e.f. 1-7-1956).
13. Subs. by Act 26 of 1960, s. 2 for rule (4) (w.e.f. 1-10-1960) which had been re-numbered for the original rule(3) by Act 14 of 1922, s. 3 and the First Schedule.
14. Subs. by s.2, ibid. for "of the declaration" (w.e.f. 1-10-1960).
15. Ins. by Act 14 of 1922, s. 3 and the First Schedule.
16. Ins. by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
- 1 Interpretation-clause
- 2 [Repealed.]
- 3 Particulars to be printed on books and papers
- 4 Keeper of printing-press to make declaration
- 5 Rules as to publication of newspapers
- 5A Keepers of printing-presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period
- 6 Authentication of declaration
- 7 Office copy of declaration to be prima facie evidence
- 8 New declaration by persons who have signed a declaration and subsequently ceased to be printers or publishers
- 8A Person whose name has been incorrectly published as editor may make a declaration before a Magistrate
- 8B Cancellation of declaration
- 8C Appeal
- 9 Copies of books printed after commencement of Act to be delivered gratis to Government
- 10 Receipt for copies delivered under section 9
- 11 Disposal of copies delivered under section 9
- 11A Copies of newspaper printed in India to be delivered gratis to Government
- 11B Copies of newspapers to be delivered to Press Registrar
- 12 Penalty for printing contrary to rule in section 3
- 13 Penalty for keeping press without making declaration required by section 4
- 14 Punishment for making false statement
- 15 Penalty for printing or publishing newspaper without conforming to rules
- 15A Penalty for failure to make a declaration under section 8
- 16 Penalty for not delivering books or not supplying printer with maps
- 16A Penalty for failure to supply copies of newspapers gratis to Government
- 16B Penalty for failure to supply copies of newspapers to Press Registrar
- 17 Recovery of forfeitures and disposal thereof and of fines
- 18 Registration of memoranda of books
- 19 Publication of memoranda registered
- 19A Appointment of Press Registrar and other officers
- 19B Register of newspapers
- 19C Certificates of registration
- 19D Annual statement, etc., to be furnished by newspapers
- 19E Returns and reports to be furnished by 'newspapers
- 19F Right of access to records and documents
- 19G Annual report
- 19H Furnishing of copies of extracts from Register
- 19-I Delegation of power
- 19J Press Registrar and other officers to be public servants
- 19K Penalty for contravention of section 19D or section 19E, etc
- 19L Penalty for improper disclosure of information
- 20 Power of State Government to make rules
- 20A Power of Central Government to make rules
- 20B Rules made under this Act may provide that contravention thereof shall be punishable
- 21 Power to exclude any class of books from operation of Act
- 22 Extent
- 23 [Repealed.]
