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PRESS AND REGISTRATION OF BOOKS ACT

Ministry of Law and Justice

Act nº 25 of 1867


  • Part 1
  • Part 2
  • Part 3. Delivery of Books
  • Part 4
  • Part 5
  • Part 5A
  • Part 6
  • Amending Acts
  • Act nº 25 of 1867

Preamble

THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

[Act No.25 of 1867] [AS ON 1957]

[ 22nd March, 1867]

PREAMBLE

An Act for the regulation of Printing-presses { Ins by Act 55 of 1955, s.2 (w.e.f.1st July 1956)} [and newspapers] printed in { Subs.by Act 3 of 1951, s.3 and Sch., for the whole of India except part BStates} [India], and for the registration of such books{ Ins by Act 55 of 1955, s.2 (w.e.f.1st July 1956)} [and newspapers].

WHEREAS it is expedient to provide for the regulation of printing presses and of { Subs.by Act 35 of 1950, s.3 and Sch.II, for " periodicals containing news"} [newspapers], for the preservation of { The word "three" rep.by Act 10 of 1890, s.1} copies of {Subs.by Act 55 of 1955, s.3, for "every book printed or lithographed in India and for the registration of such books" (w.e.f.1st July 1956)} [every book and newspaper printed in India and for the registration of such books and newspapers]; It is hereby enacted as follows:---

Part 1

Section 1. Interpretation-clause

1[(1)]In this Act, unless there shall be something repugnant in the subject or context,---

"Book" includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plans separately printed { The words "or lithographed" omitted by Act 55 of 1955, section 4 (w.e.f.1st July 1956)}.

{Definition of "British India" omitted by the A.O.1937, see now the definition in section 3(5) of the General Clauses Act, 1897 (X of 1897)

{ Ins.by Act 14 of 1922, section 3 and Sch.1.} ["Editor" means the person who controls the selection of the matter that is published in a newspaper:]

2[***]

"Magistrate" means any person exercising the full powers of a{Now Magistrate of the first class, see the code of criminal procedure, 1898 (5 of 1898)} Magistrate and includes a {Now Presidency Magistrate see Act 5 of 1891}Magistrate of Police { The words "and a Justice of the Peace" rep.by Act 10 of 1890,section 2}:

{ Ins.by Act 14 of 1922, section 3 and Sch.I.}["Newspaper" means any printed periodical work containing public news or comments on public news:]

{ Paragraphs relating to "Number" and "Gender" rep.by Act 10 of 1914, section 3 and Sch II; definition of "Local Government" omitted by the A.O.1937 and the definition of "States" ins.by the A.O.1950, omitted by Act 3 of 1951,section 3 and Sch.}

{ Ins.by Act 55 of 1955, section 4 (w.e.f.1st July 1956)}["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.]

{The definition of "States" ins.by the A.O.1950, omitted by Act 3 of 1951,section 3 and Sch.}

3[(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.]

1. Section (1) re numbered as sub-section (1) thereof by the Press and Registration of Books (Amendment) Act, 1965, w.e.f. 01-11-1965.

2. The Words "India" means the territory of India excluding the State of Jammu and Kashmir.]" Omitted by the Press and Registration of Books (Amendment) Act, 1965, w.e.f. 01-11-1965.

3. Inserted by the Press and Registration of Books (Amendment) Act, 1960, w.e.f. 29-08-1960.


Section 2. Repeal of Act 11 of 1835

Rep.by the Repealing Act, 1870 (14 of 1870),s.1 and Sch.II, Pt.II.

Part 2

Section 3. Particulars to be printed on books and papers

Every book or paper printed within ] { Subs.by Act 3 of 1951, s.3 and Sch., for "the States"} [India shall have printed legibly it the name of the printer and the place of printing and (if the book or paper be published) { Ins.by Act 12 of 1891, s.2 and Sch.II.} [the name] of the publisher and the place of publication.

Section 4. Keeper of printing press to make declaration

{ Section 4 was renumbered as sub-section (1) of that section and sub-section (2) was added by Act 55 of 1955, s.5 (w.e.f.1st July 1956)} (1) No person shall, within { Subs.by Act 3 of 1951, s.3 and Sch., for " the States"} [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 { Subs.by Act 56 of 1951, s.36, for " the Magistrate" (w.e.f.1st February 1952)} [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 situate.

{ Section 4 was renumbered as sub-section (1) of that section and sub-section (2) was added by Act 55 of 1955, s.5 (w.e.f.1st July 1956)} [(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 subsection (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.]

Section 5. Rules as to publication of newspapers

No { Subs.by Act 14 of 1922, s.3 and Sch.I, for "printed periodical work containing public news or comments on public news",} [newspaper] shall be published in { Subs.by Act 3 of 1951, s.3 and Sch., for " the States"} [India], except in conformity with the rules hereinafter laid down:

{ Ins.by s.3 and Sch.I, ibid.}1[``(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.]

{ Cl.(1) renumbered as (2) by s.3 and Sch.I, ibid.} [(2)] The printer and the publisher of every such { Subs.by s.3 and Sch.I, ibid., for " periodical work"} [newspaper] shall appear { Subs.by s.3 and Sch.I, ibid., for "before the Magistrate within whose local jurisdiction such work shall be published"} [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,2[***], 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 { Subs.by Act 14 of 1922, s.3 and Sch.I, for "periodical work"} [newspaper] entitled-----{ Subs.by Act 55 of 1955, s.6, for "and printed or published, or printed and published"(w.e.f.1st July 1956) [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:

{ Ins.by s.6, ibid.(w.e.f.1st July 1956)} [(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.]

3[`(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 of 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.]

{Cls.(2) and (3) renumbered as (3) and (4) respectively by Act 14 of 1922, s.3 and Sch.I} [(3)] As often as the place of printing or publication is changed, a new declaration shall be necessary:

{ Ins.by s.6, ibid.(w.e.f.1st July 1956)} [Provided that whereof 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.]

{Cls.(2) and (3) renumbered as (3) and (4) respectively by Act 14 of 1922, s.3 and Sch.I}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 inapplicable of earning out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary.]

{ Ins.by s.6, ibid.(w.e.f.1st July 1956)} [(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication---

(a) within six weeks5[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 months5[of the authentication of the declaration under Section 6] shall be necessary before the newspaper can be published.

(6) Where, in any period of three months, any daily, tri-weekly, bi-weekly, 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 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.]

Keepers of Printing Presses and Printers and Publishers of Newspaper in Jammu and Kashmir to make and subscribe fresh declaration within specified Period

{ Ins.By Act 14 of 1922, s.3 and Sch.1} [Provided that no person3[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.]

1. Substituted for "(1) Every copy of every such newspaper shall contain the name of the person who ifs the editor thereof printed clearly on such copy as the name of the editor of that newspaper:]"

2. Words "or such printer or publisher reside" Omitted by the Press and Registration of Books (Amendment) Act, w.e.f. 29-08-1960

3. Inserted by the Press and Registration of Books (Amendment) Act, 1960, w.e.f. 29-08-1960.

4. Words "[(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 thirty days, a new declaration from a printer or publisher resident within the said territories shall be necessary"substituted by the Press and Registration of Books (Amendment) Act, w.e.f. 29-08-1960

5. Substituted for "of the declaration" by the Press and Registration of Books (Amendment) Act, 1960, w.e.f. 29-08-1960.


Section 5A. Jammu and Kashmir Act NO.1 of S.1989

1[ 5A .Jammu and Kashmir Act No.1 of S.1989.-

(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 Publications Act, S.1989 shall keep the press in his possession for the printing of books or papers2[after the 31stday of December, 1968, unless before the expiry of the date]he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.

(Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period.

(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 Publications Act, S.1989 shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration2[after the 31stday of December, 1968, unless before the expiry of the 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.]

1. Inserted by the Press and Registration of Books (Amendment) Act, 1960, w.e.f. 29-08-1960.

2. Substituted for "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" by the Press and Registration of Books (Amendment) Act, 1968, w.e.f. 08-08-1968.


Section 6. Authentication of declaration

Each of the two originals of everydeclaration so made and subscribed as is aforesaid, shall be authenticated bythe signature and official seal of the Magistrate before whom the saiddeclaration shall have been made:

{ Ins.byAct 55of 1955, s.7 (w.e.f.1stJuly 1956).} [Provided that where anydeclaration is made and subscribed under section 5 in respect of a newspaper,the declaration shall not, save in the case of newspapers owned by the sameperson, be so authenticated unless the Magistrate 1 [is on inquiryfrom the Press Registrar, satisfied]that the newspaper proposed to be publisheddoes not bear a title which is the same as, or similar to, that of any othernewspaper published either in the same language or in the same State.]

Deposit.- One of the said originals shall be deposited among the records of theoffice of the Magistrate, and the other shall be d exposited among the recordsof the High Court of Judicature, or {Subs.by Act 10 of 1890, s.3,for "other court within the local limits of whose ordinary original civiljurisdiction"} [ other principal Civil Court of originaljurisdiction for the place where] the said declaration shall have been made.

Inspection and supply ofcopies.- The Officer-in-Charge of eachoriginal shall allow any person to inspect that original on payment of a fee ofone 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, onpayment of a fee of two rupees.

{ Ins.byAct 55 of 1955, s.7 (w.e.f.1stJuly 1956)} 2 [A copy of the declaration attestedby the Official Seal of the Magistrate, or a copy of the order refusing toauthenticate the declaration, shall be forwarded as soon as possible to theperson making and subscribing the declaration and also to the Press Registrar.]

1.Substituted for"is satisfied from such inquiry as he thinks fit to make from the PressRegistrar or otherwise" by the Press and Registration of Books (Amendment)Act, 1960, w.e.f. 29-08-1960.

2.Substituted for "A copy of the declaration attested by the officialseal of the Magistrate shall be forwarded to the Press Registrar."By the Press and Registration of Books (Amendment) Act, 1960, w.e.f. 29-08-1960.


Section 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, { Ins.by Act 14 of 1922, s.3 and Sch.I.} [or printed on such newspaper, as the ca se 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 { Subs.by s.3 and Sch.I, ibid., for "periodical work"} [newspaper] whereof the title shall correspond with the title of the { Subs.by s.3 and Sch.I, ibid., for "periodical work"} [newspaper] mentioned in the declaration { Ins.by Act 14 of 1922, s.3 and Sch.I.} [or the editor of every portion of that issue of the newspaper of which a copy is produced].

Section 8. New declaration by persons who have signed d declaration and subsequently ceased to be printers or publishers

{ Subs.by Act 55 of 1955, s.8, for the first paragraph (w.e.f.1st July 1956)} [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 filing.- 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 along with 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 a copy, attested as is aforesaid, of the latter declaration, and the former declaration shall not be taken to be evidence that the declaring was at any period subsequent to the date of the latter declaration, printer or publisher of the { Subs.by Act 14 of 1922, s.3 and Sch.I, for "periodical work"} [newspaper] therein mentioned.

{ Ins.by Act 55 of 1955, s.8 (w.e.f.1st July 1956)} [A copy of the latter declaration attested by the official seal of the Magistrate shall be forwarded to the Press Registrar.]

Section 8A. Person whose name has been incorrectly published as editor may make a declaration before a Magistrate

{ Ins.by Act 14 of 1922, s.3 and Sch.I}

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.]

Section 8B. Cancellation of declaration

1[ 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 newspaper should be cancelled, be 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-

(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 s, 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 periodical work which is not a newspaper;

the Magistrate may, by order, cancel the declaration and shall forward s soon as possible a copy of the order to the person making or subscribing the declaration and also to the Press Registrar.

1. Inserted by the Press and Registration of Books (Amendment) Act, 1960, w.e.f. 29-08-1960.


Section 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 Board1[Consisting of a Chairman another member to be appointed by the Press Council of India, established under Section 4 of Press Council Act, 1978, from among its members]

Provided that the Appellate Board may entertain an appeal after the expire of the said period, 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.]

1. Substituted for "consisting of a Chairman and another member to be appointed by the Central Government." By the Press Council Act, 1978, w.e.f. 07-09-1978.