Section 1 Short title and extent.
(1) This Act may be called the Press Council Act, 1978.
(2) It extends to the whole of India.
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "Chairman" means the Chairman of the Council;
(b) "Council" means the Press Council of India established under section 4;
(c) "member" means a member of the Council and includes its Chairman;
(d) "prescribed" means prescribed by rules made under this Act;
(e) the expressions "editor" and "newspaper" have the meanings respectively assigned to them inthe Press and Registration of Books Act, 1867 (25 of 1867), and the expression "working journalist"has the meaning assigned to it in the Working Journalists and other Newspaper Employees(Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955).
Section 3 Rule of construction respecting enactments not extending to the State of Jammu and Kashmir or Sikkim.
Any reference in this Act to a law which is not in force in *the State of 1***Sikkim shall, in relation to that State, be construed as a reference to the corresponding law, if any, in forcein that State.
STATE AMENDMENT
Union territory of Jammu and Kashmir and Ladakh
Section 3.--Omit "Jammu and Kashmir or".
[Vide Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No.S.O. 1123(E), dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation ofCentral Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
Section 4 Incorporation of the Council.
(1) With effect from such date as the Central Government may,by notification in the Official Gazette, appoint, there shall be established a Council by the name of thePress Council of India.
(2) The said Council shall be a body corporate having perptual succession and a common seal andshall by the said name sue and be sued.
Section 5 Composition of the Council.
(1) The Council shall consist of a Chairman and twenty-eight othermembers.
(2) The Chairman shall be a person nominated by a Committee consisting of the Chairman of theCouncil of States (Rajya Sabha), the Speaker of the House of the People (Lok Sabha) and a person electedby the members of the Council under sub-section (6) and the nomination so made shall take effect fromthe date on which it is notified by the Central Government in the Official Gazette.
(3) Of the other members--
(a) thirteen shall be nominated in accordance with such procedure as may be prescribed fromamong the working journalists, of whom six shall be editors of newspapers and the remaining sevenshall be working journalists other than editors; so, however, that the number of such editors andworking journalists other than editors in relation newspapers published in Indian languages shall benot less than three and four respectively;
(b) six shall be nominated in accordance with such procedure as may be prescribed from amongpersons who own or carry on the business of management of newspapers, so, however, that there shallbe two representatives from each of the categories of big newspapers, medium newspapers and smallnewspapers;
(c) one shall nominated in accordance with such procedure as may be prescribed from amongpersons who manage news agencies;
(d) three shall be persons having special knowledge or practical experience in respect ofeducation and science, law, and literature and culture of whom respectively one shall be nominated bythe University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy;
(e) five shall be members of Parliament of whom three shall be nominated by the Speaker fromamong the members of the House of the People (Lok Sabha) and two shall be nominated by theChairman of the Council of States (Rajya Sabha) from among its members:
Provided that no working journalist who owns, or carries on the business of management of, anynewspaper shall eligible for nomination under clause (a):
Provided further that the nominations under clause (a) and clause (b) shall be so made that amongthe persons nominated there is not more than one person interested in any newspaper or group ofnewspapers under the same control of management.
1[Explanation.--For the purposes of clause (b), a "newspaper" shall be deemed to be categorisedas big, medium or small newspaper on the basis of its circulation per issue, as the CentralGovernment may, by notification in the Official Gazette, notify from time to time.]
(4) Before making any nomination under clause (a), clause (b) or clause (c) sub-section (3), theCentral Government in the case of the first Council and the retiring Chairman of the previous Council inthe case of any subsequent Council shall, in the prescribed manner, invite panels of names comprisingtwice the number of members to be nominated from such associations of persons of the categoriesreferred to in the said clause (a), clause (b) or clause (c) as may be notified in this behalf by the CentralGovernment in the case of the first Council and by the Council itself in the case of subsequent Councils:
Provided that where there is no association of persons of the category referred to in the saidclause (c), the panels of names shall be invited from such news agencies as may be notified as aforesaid.
(5) The Central Government shall notify the names of persons nominated as members undersub-section (3) in the Official Gazette and every such nomination shall take effect from the date on whichit is notified.
(6) The members of the Council notified under sub-section (5) shall elect from among themselves inaccordance with such procedure as may be prescribed, a person to be a member of the Committee referredto in sub-section (2) and a meeting of the members of the Council for the purpose of such election shall beprescribed over by a person chosen from among themselves.
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