3. Particulars to be printed on books and papers.—Everybook or paper printed within 12[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) 13[the name] of the publisher, and the place of publication.
4. Keeper of printing-presses, to make declaration.—14[(1)] No person shall within “[India], keep
in his possession any press for the printing of books or papers, who shall not have made and subscribed
the following declaration before 15[the District, Presidency or Sub-divisional Magistrate] within whose
local jurisdiction such press may be:
1. The words “or lithographed” omitted by Act 55 of 1955, s. 4 (w.e.f. 1-7-1956).
2. Definition of “British India” rep. by the A.O. 1937, see now the definition in s. 3(5) of the General Clauses Act, 1897 (10 of
1897).
3. Ins. by Act 14 of 1922, s. 3 and the First Schedule.
4. Definition of “India” omitted by Act 16 of 1965, s. 2 (w.e.f. 1-11-1965).
5. Now Magistrate of the first class, see the Code of Criminal Procedure, 1973 (2 of 1974).
6. Now Presidency Magistrate, seeibid.
7. The words “and a Justice ofthe Peace” rep. by Act 10 of 1890, s. 2.
8. Ins. by Act 14 of 1922, s. 3and the First Schedule.
9. Paragraphs relating to the definitions of “Number” and “Gender” rep. by Act 10 of 1914, s. 3 and Sch. II; definition of “Local
Government” rep. by the A.O. 1937 and the definition of “States” ins. by the A.O. 1950 was rep. by Act 3 of 1951, s. 3
andSch.
10. Ins. by Act 55 of 1955, s. 4 (w.e.f. 1-7-1956).
11. Ins. by Act 16 of 1965, s. 2 (w.e.f. 1-11-1965).
12. Subs. by Act 3 of 1951, s. 3 and Schedule, for “the States”.
13. Ins. by Act 12 of1891, s. 2 and the Second Schedule.
14. Section 4 re-numbered as sub-section (1) thereof by Act 55 of 1955, s. 5 (w.e.f. 1-7-1956).
15. Subs. by Act 56 of 1951, s. 36, for“the Magistrate” (w.e.f. 1-2-1952).
5
“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 situate.
1
[(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. Rules as to publication of newspapers. —No 2
[newspaper] shall be published in 3
[India] except
except in conformity with the rules hereinafter laid down:
4
[(1)Without prejudice to the provisions of section 3, every copy of every such newspaper
newspaper shall contain the names of the owner and editor thereof printed clearly on such
copy and also the date of its publication.]
5
[(2)]The printer and the publisher of every such 6
[newspaper] shall appear 7
[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
8
***] 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 the6
[newspaper]9
[and
to be printed or published, or to be printed and published], asthe 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.
10[(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.]
11[(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.
1. Added byAct 55 of 1955, s. 5 (w.e.f. 1-7-1956).
2. Subs. by Act 14 of 1922, s. 3 and the First Schedule, for “printed periodical work containing public news or comments on public
news,”.
3. Subs. by Act 3 of 1951, s. 3 and Schedule, for “the States”.
4 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.
5. Rule (1)re-numbered as rule (2)by Act 14 of 1922, s. 3 and the First Schedule.
6. Subs. by s. 2 and the First Schedule, ibid., for “periodical work”.
7. Subs. by s. 3 and the First Schedule, ibid., for “periodical work”.
8. The words “, or such printer or publisher resides,” omitted by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
9. Subs. by Act 55 of 1955, s. 6, for certain words (w.e.f. 1-7-1956).
10. Ins. by s. 6, ibid.
11. Ins. by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
6
(2E)As often as the ownership of a newspaper is changed, a new declaration shall be
necessary.]
1
[(3] As often as the place of printing or publication is changed, a new declaration shall be
necessary:
2
[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.]
3
[(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.]
2
[(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not
commence publication—
(a) within six weeks 4
[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 4
[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]:
5
[Provided that no person 6
[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 suc h person edit a
newspaper.]
1. Rule (2) re-numbered as rule (3) by Act 14 of 1922, s. 3 and the First Schedule.
2. Ins. by Act 55 of 1955, s. 6(w.e.f. 1-7-1956).
3. 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.
4. Subs. by s.2,ibid. for “of the declaration” (w.e.f. 1-10-1960).
5. Ins. by Act 14 of 1922, s. 3 and the First Schedule.
6. Ins. by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
7
1
[5A. Keepers of printing-presses and printers and publishers of newspapers in
Jammu and Kashmir to make and subscribe fresh declarations within specified
period.—(1) No person who has made and subscribed a declaration in resp ect of any press
under section 4 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu
and Kashmir Act No. I of S. 1989) shall keep the press in his possession for the printing of
books or papers 2
[after the 31st day of December, 1968 unless before the expiry of that date],
he makes and subscribes a fresh declaration in respect of thatpress under section 4 of this
Act.
(2)Every person who has subscribed toany declaration in respect of a newspaper under
section 5 of the Jammu and Kashmir State Press and Publications Act, S. 1989, Jammu and
Kashmir Act, No. I S. 1 shall cease to be the editor, printer or publisher of the newspaper
mentioned in such declaration 2
[after the 31st day of December, 1968, unless before the
expiry of that date] he makes and subscribes a fresh declaration in respect of that newspaper
under rule (2) of the rules laid down in section 5 of this Act.]
6. Authentication of declaration.—Eachof 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:
3
[Provided that where any declaration is made and subscribed under section 5 in respect of
anewspaper, the declaration shall not, save in the case of newspapers owned by the same
person, be so authenticated unless the Magistrate 4
[is, on inquiry from the Press Registrar,
satisfied] that thenewspaper 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.]
Deposit.—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 th e High Court of
Judicature, or 5
[other principal Civil Court of original jurisdiction for the place where] the
said declaration shall have been made.
Inspection and supply of copies.—The Officer-in-charge of each original shall allow any
person to inspect that original on payment of a fee of one rupee, 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 rupees.
6
[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. Office copy of declaration to be prima facie evidence.—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 declarations, 7
[or, in the case of the editor,
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 theperson whose name shall be
subscribed to such declaration,7
[or printed on suchnewspaper,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
1. Ins. by Act 16 of 1965, s. 3 (w.e.f. 1-10-1965).
2. Subs. by Act 30 of 1968, s. 2, for certain words, brackets and figures (retrospectively).
3. Ins. by Act 55of 1955, s. 7 (w.e.f. 1-7-1956).
4. Subs.by Act 26 of 1960, s. 3, for certain words (w.e.f. 1-10-1960).
5. Subs. by Act 10 of 1890, s. 3, for certain words.
6. Subs. by Act 26 of 1960, s. 3, for the fourth paragraph (w.e.f. 1-10-1960) which was ins, by Act 55 of 1955, s. 7 (w.e.f. 1-7-
1956).
7. Ins. by Act 14 of 1922, s. 3 and the First Schedule.
8
every portion of every 1
[newspaper] whereof the title shall correspond with the title of the 1
[newspaper]
mentioned in the declaration,2
[or the editor of every portion of that issue of the newspaper of which a
copy is produced].
8. New declaration by persons who have signed a declaration and subsequently ceased to be
printers or publishers.—3
[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 —”.]
Authentication and fling.—Each original of the latter declaration shall be authenticated by the
signature and seal of the Magistrate before whom the said latter declaration shall have been made, and
one original of the said latter declaration shall be filed alongwith each original of the former declaration.
Inspection and supply of copies.—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.
Putting copy in evidence.—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
declaration was, at any period subsequent to the date of the latter declaration, printer or publisher of the
1
[newspaper] therein mentioned.
4
[A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to
the Press Registrar.]
2
[8A. Person whose name has been incorrectly published as editor may make a declaration
before a Magistrate.—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 incorrectlypublished 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 7shall 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.]
5
[8B. Cancellation of declaration.—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 and after giving him an opportunity of
being heard, he is satisfied that—
1. Subs. by Act 14 of 1922, s. 3 and the First Schedule, ibid.,for “periodical work”.
2. Ins. by s. 3 and the First Schedule, ibid.
3. Subs. by Act 55 of 1955, s. 8, for the first paragraph (w,e.f. 1-7-1956).
4. Ins. by s. 8, ibid. (w.e.f. 1-7-1956).
5. Ins. by Act 26 of 1960, s. 4 (w.e.f. 1-10-1960).
9
(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 thereunder; or
(ii) the newspaper mentioned in the declaration bears a title which is the same as, or
similar to, that of any other newspaper published e ither 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 a ny
material fact or in respect of a periodical work which is not a newspaper;
the Magistrate may, by order, cancel the decl aration 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. Appeal.—(1) Any person aggrieved by an order of a Magistrate refusing to
authenticate a declaration under section 6 or cancelling 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
1
[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 (37 of 1978), from among
its members]:
Provided that the Appellate Board may entertain an appeal after the expiry of the
saidperiod, 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 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.]