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Press and Registration of Books Act, 1867

Press and Registration of Books Act, 1867

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Press and Registration of Books Act, 1867
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Abhijeet S
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Press and Registration of Books Act, 1867 - October 20th, 2010

An Act 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.
Whereas it is expedient to provide for the regulation of printing-presses and of newspapers, for the preservation of copies of every book and newspaper printed in India and for the registration of such books and newspapers;
1.(1) In this Act, unless there shall be something repugnant in the subject of context" Book" includes every volume, part of division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed…;
["Editor" means the person who controls the selection of the matter that is published in a newspaper;]
: Magistrate" means any person exercising the full powers of a Magistrate and includes a "Magistrate of Police"
["Newspaper"means any printed periodical work containing public news or comments on public new"]
["paper"means any document, including a newspaper, other than a book;"prescribed"means prescribed by rules made by the Central Government under section 20A;
"Press Registrar"means the Registrar of newspapers for India appointed by the Central Government under section 19A and includes any other person appointed by the Central Government to perform all or any of the functions of the Press Registrar;
"Printing"includes cyclostyling and printing by lithography;
"Register"means the Register of newspapers maintained under section 19B.]

(2) 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.
OF PRINTING-PRESSES AND NEWSPAPERS

3. Every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paper be published [the name] of the publisher and the place of publication.

4.[(1)] No person shall, within[India], keep in his possession any press for the printing of books or paper, who shall not have made and subscribed the following declaration before[the District, Presidency or Sub-Divisional Magistrate] within whose local jurisdiction such press may be: "I, A. B., declare that I have a press for printing at__,"
And this last blank shall be filled up with a true and precise description of the place where such press may be situated.
[(2) As often as the place where a press is kept is changed, a new 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 Magistrate referred to in sub-section (1), 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 keeper of the press continues to be the same.]

5. No newspaper shall be published in India, except in conformity with the rules hereinafter laid down:

(1) [Without prejudice to the provisions of section 3], every copy of every such newspaper shall contain the name of the person who is the editor thereof printed clearly on such copy as the name of the editor of that newspaper;

(2) The printer and the publisher of every such newspaper shall appear in person or by agent authorized 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 . . ., 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 newspaper entitiled__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:

[(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.]

[(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 authorizing 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.]

(3) As often as the place of printing or publication is changed, a new declaration shall be necessary:

(4) [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 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.]
[(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 declarations shall be necessary .]

(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication__

(a) within six weeks 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 of the declaration, 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 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 re-published.

(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:
Provided that no person [Who does not ordinarily reside in India or] who has not attained majority in accordance with the provision of the Indian Majority Act,1875 (IX 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.

Penalty for contravening the provisions of s, 5. See under s, 15, Post.
5A. (1) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publication Act 1 of 1989 shall keep the press in his possession for the printing of books or papers after the expiry of a period of two months from the date of commencement of the Press and Registration of Books (Amendment) Act,1965 unless before the expiry of that period he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.

(2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press and Publication Act,1989, shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration after the expiry of a period of two months from the date of commencement of the Press and Registration of Book subscribes a fresh declaration in respect of that newspaper under rule (2) of the rules laid down in section 5 of this Act.

6. Each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and Official Seal of the Magistrate before whom the said declaration shall have been made; [Provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspaper, owned by the same person, be so authenticated unless the Magistrate [is, on inquiry from the Press Registrar, satisfied] that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State.]

One of the said originals shall be deposited among the records of the office of the Magistrate, and the other shall be deposited among the records of the High Court of Judicature, or [other principal Civil Court of original jurisdiction for the place where] the said declaration shall have been made.
The Officer-in-charge of each original shall allow any person to inspect that original on payment of a fee of one rupees.
[A copy of the declaration attested by the official seal of the Magistrate, 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.]

7. In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some court empowered by this act to have the custody of such declaration [or, in the case of the editor, a copy of the newspaper containing his name printed on it as that of the editor] 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 newspaper, 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 [newspaper] whereof the title shall correspond with the title of the [newspaper] mentioned in the declaration [or the editor of every portion of that issue of the newspaper of which a copy is produced].

8. [If any person has subscribed to any declaration in respect of a newspaper under section 5 and the declaration has been authenticated by a Magistrate under section 6 and subsequently that person ceases to be the printer or publisher of the newspaper mentioned in such declaration, he shall appear before any District, Presidency or Sub-divisional Magistrate, and make and subscribe in duplicate the following declaration:
"I, A.B., declare that I have ceased to be the printer or publisher or printer and publisher of the newspaper entitled___".]
Each original of the latter declaration shall be authenticated by the signature and seal of the Magistrate before whom the said latter declaration shall be filed along with each original of the former declaration.
The officer-in-charge of each original of the latter declaration shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration, attested by the seal of the Court having custody of the original, on payment of a fee of two rupees.
In all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it shall be lawful to put in evidence a copy, attested as is aforesaid, 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 newspaper therein mentioned.
[A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to the Press Registrar.]

[8A. If any person, whose name has appeared as editor on a copy of a newspaper, 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 District, Presidency or Sub-divisional Magistrate and make a declaration that his name was incorrectly published in that issue as that of the editor thereof, and if the Magistrate 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 7 shall not apply to that person in respect of that issue of the newspaper.
The Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period.]
[8B. If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper 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 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___

(i) the newspaper, in respect of which the declaration has been made, is being published, in contravention of the provisions of this Act or rules made there under; or

(ii) the newspaper mentioned in the declaration hears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same State; or

(iii) the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration; or

(iv) 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 newspaper; the Magistrate may, by order, cancel the declaration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar.]

[8C. (1) Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or canceling a declaration under section 8B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978, from amongst 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 an appeal in time .

(2) On receipt of an appeal under this section, the Appellate Board may, after calling for the records from the Magistrate 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.]
9. Printed[ * * * ] copies of the whole of every book which shall be printed [ * * * ] in India after the Act shall come into force, together with all maps, prints or other engravings belonging thereto, finished and colored in the same manner as the best copies of the same, shall, notwithstanding any agreement (if the book be published) between the printer and publisher thereof, 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, as follows, that is to say;

(a) in any case, within on calendar month after the day on which may 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 date on which any such requisition shall be 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 shall be printed [* * *].
The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints and engravings finished and colored as aforesaid, which may be necessary be enable him to comply with the requirements aforesaid.
Nothing in the former part of this section shall apply to___
(i) any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, book 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, or
(ii) any newspaper published in conformity with the rules laid down in section 5 of this Act.

10. The officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt in writing therefor.

11. The copy delivered pursuant to clause (a) of the first paragraph of section 9 of this Act shall be disposed of as the State Government shall from time to time determine. Any copy or copies delivered pursuant to clause (b) of the said paragraph shall be transmitted to the [Central Government].

11A. The printer of every newspaper 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 as soon as it is published.

12. Whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this Act shall, on conviction before a Magistrate, be punished by fine not imprisonment for a term not exceeding [six month]or by both.

13. Whoever shall keep in his possession any such press as aforesaid, [in contravention of any of the provision contained in section 4 of this Act] shall on conviction before a Magistrate, be punished by fine not exceeding [two thousand] rupees, or by simple imprisonment for a term not exceeding[six months], or by both.

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

15. [(1)] Whoever shall[edit], print or publish may [newspaper]without conforming to the rules hereinbefore laid down, or whoever shall [edit], print or publish, or shall cause to be[edited], printed or published, any [newspaper] knowing that the said rules have not been observed with respect to [that newspaper], shall, on conviction before a Magistrate, be punished with fine out exceeding[two thousand] rupees, or imprisonment for a term not exceeding [six months], or both.

[(2)] Where an offence is committed in relation to a newspaper under sub-section (1), the Magistrate, also cancel the declaration in respect of the newspaper.
[15A. If any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in compliance with section 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two hundred rupees.]

16. If any printer of any such book as is referred to in section 9 of this Act shall neglect to deliver copies of the same pursuant to that section, he shall for every such default forfeit to the Government such sum not exceeding fifty 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 authorized by that officer in this behalf, determine to be in the circumstances a reasonable penalty 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.
If any publisher or other person employing any such printer shall neglect to supply him, in the manner prescribed in the second paragraph of section 9 of this Act, 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 fifty rupees as such a Magistrate as aforesaid may, on such an application as aforesaid, 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.

[16A. If any printer or any newspaper published in India neglects to deliver copies of the same in compliance with section 11A, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorized by that officer in this behalf, be punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default,]
[16B. If any publisher of any newspaper published in India neglects to deliver copies of the same in compliance with section 11B, he shall, on the complaint of the Press Registrar, he punishable, on conviction by a Magistrate having jurisdiction in the place where the newspaper was printed, by fine, which may extend to fifty rupees for every default.]

17. Any sum forfeited to the Government under section 16 may be recovered, under the warrant of the Magistrate determining the sum, or of his successor in office, in the manner authorized by the "Code of Criminal Procedure", 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.
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