Section 1 Interpretation-clause.
1[(1)] In this Act, unless there shall be something repugnant in the subjector context,--
"Book" includes every volume, part or division of a volume, and pamphlet, in any language, andevery sheet of music, map, chart or plan separately printed 2***.
3* * * * *
4["editor" means the person who controls the selection of the matter that is published in anewspaper;]
5* * * * *
"Magistrate" means any person exercising the full powers of a 6Magistrate, and includes a7Magistrate of police 8***.
9["newspaper" means any printed periodical work containing public news or comments on publicnews;]
10* * * * *
11["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 CentralGovernment under section 19A and includes any other person appointed by the Central Governmentto 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 198.]
12[(2) Any reference in this Act to any law which is not in force in the State of Jammu andKashmir shall, in relation to that State, be construed as a reference to the corresponding law in forcein that State.]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).--
Section 1.--Omit sub-section (2).
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O.1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order,2020, notification No. S.O. 3774(E), dated (23-10-2020).]
STATE AMENDMENT
KARNATAKA
In section 1, for the words, "Magistrate of means any person exercising full powers of amagistrate and includes as magistrate of Police" the words, "Magistrate" means Judicial Magistrateshall be substituted.
[Vide Karnataka Act 13 of 1956, s. 67 and Schedule]
Section 2 [Repealed.].
[Repeal of Act 11 of 1835.] Rep. by the Repealing Act, 1870 (14 of 1870), s. 1 and the SecondSchedule.
Section 3 Particulars to be printed on books and papers.
Every book or paper printed within 1[India]shall have printed legibly on it the name of the printer and the place of printing, and (if the book or paperbe published) 2[the name] of the publisher, and the place of publication.
Section 4 Keeper of printing-press to make declaration.
1[(1)] No person shall within "[India], keepin his possession any press for the printing of books or papers, who shall not have made and subscribedthe following declaration before 2[the District, Presidency or Sub-divisional Magistrate] within whoselocal 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 pressmay be situate.
3[(2) As often as the place where a press is kept is changed, a new declaration shall benecessary:
Provided that where the change is for a period not exceeding sixty days and th e placewhere the press is kept after the change is within the local jurisdiction of the Magistratereferred 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 hoursthereof; and
(b) the keeper of the press continues to be the same.]
Section 5 Rules as to publication of newspapers.
No 1[newspaper] shall be published in 2[India] exceptin conformity with the rules hereinafter laid down:
3[(1) Without prejudice to the provisions of section 3, every copy of every suchnewspaper shall contain the names of the owner and editor thereof printed clearly on suchcopy 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 agentauthorised in this behalf in accordance with rules made under section 20, before a District, Presidency orSub-divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published7***]] 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 thepremises where the printing or publication is conducted.
9[(2A) Every declaration under rule (2) shall specify the title of the newspaper, the languagein which it is to be published and the periodicity of its publication and shall contain such otherparticulars 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 beaccompanied by an authority in writing from the owner authorising such person to make andsubscribe such declaration.
(2C) A declaration in respect of a newspaper made under rule (2) and authenticated undersection 6 shall be necessary before the newspaper can be published.
(2D) Where the title of any newspaper or its language or the periodicity of itspublication is changed, the declaration shall cease to have effect and a new declaration shallbe 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 benecessary.]
11[(3] As often as the place of printing or publication is changed, a new declaration shall benecessary:
12[Provided that where the change is for a period not exceeding thirty days and the placeof printing or publication after the change is within the local jurisdiction of the Magistratereferred 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 hoursthereof; and
(b) the printer or publisher or the printer and publisher of the newspaper continues to be thesame.]
13[(4) As often as the printer or the publisher who shall have made such declaration as isaforesaid shall leave India for a period exceeding ninety days or where such printer orpublisher is by infirmity or otherwise rendered incapable of carrying out his duties for aperiod 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 notcommence publication--
(a) within six weeks 14[of the authentication of the declaration under section 6], in the case of anewspaper 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 ofany other newspaper,and in every such case, a new declaration shall be necessary before the newspaper can bepublished.
(6) Where, in any period of three months, any daily, tri-weekly, biweekly, weekly orfortnightly newspaper publishes issues the number of which is less than half of what shouldhave been published in accordance with the declaration made in respect thereof, thedeclaration shall cease to have effect and a new declaration shall be necessary before thepublication of the newspaper can be continued.
(7) Where any other newspaper has ceased publication for a period, exceeding twelvemonths, every declaration made in respect thereof shall cease to have effect, and a newdeclaration shall be necessary before the newspaper can be republished.
(8) Every existing declaration in respect of a newspaper shall be cancelled by theMagistrate 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 notattained majority in accordance with the provisions of the Indian Majority Act, 1875 (19 of1875), or of the law to which he is subject in respect of the attainment of majority, shall bepermitted to make the declaration prescribed by this section, nor shall any such person edit anewspaper.]
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