[1]PRESS AND REGISTRATION OF BOOKS ACT,
1867 (Amended Upto 2023) [Act No. 25 of 1867] [22nd March, 1867] An Act for
the regulation of Printing-presses and Newspapers, for the preservation of
copies of books [2][and
newspapers] printed in [3][India],
and for the registration of such books [4][and
newspapers]. WHEREAS it
is expedient to provide for the regulation of printing-presses [and of [5][newspapers]],
for the preservation of [6][***]
copies of [7][every
book and newspaper printed in India and for the registration of such books and
newspapers]; It is hereby enacted as follows. CHAPTER I PRELIMINARY [8][(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 plan
separately printed [9][***]. [10][* * *] [11]["editor" means the person who controls the selection of the
matter that is published in a newspaper;] [12][* * *] "Magistrate" means any person exercising the full powers of a
6Magistrate, and includes a [13]Magistrate
of police [14][***]. [15]["newspaper" means any printed periodical work containing
public news or comments on public news;] [16][* * *] [17]["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 198.] [18][(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.] STATE AMENDMENT KARNATAKA [19][In section 1, for the words, "Magistrate of means any person
exercising full powers of a magistrate and includes as magistrate of
Police" the words, "Magistrate" means Judicial Magistrate shall
be substituted.] JAMMU AND KASHMIR [20][In section 1, omit sub-section (2).] UNION TERRITORY OF LADAKH [21][Section 1. Omit sub-section (2).] Rep. by the
Repealing Act, 1870 (14 of 1870),Section 1 and Schedule II, Pt. II. PART II OF
PRINTING-PRESSESAND NEWSPAPERS Every book
or paper printed within [22][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) [23][the name] of the publisher, and the place of publication. [24][(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 [25][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. [26][(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.] No [27][newspaper] shall be published in [28][India] except in conformity with the rules hereinafter laid down: [29][(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.] [30][(2)] The printer and the publisher of every such [31][newspaper] shall appear [32][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 [33]***]] 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 [34][newspaper] [35][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. [36][(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.] [37][(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. (2E) As often as the ownership of a newspaper is changed, a new
declaration shall be necessary.] [38][(3] As often as the place of printing or publication is changed, a new
declaration shall be necessary: [39][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.] [40][(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.] [41][(5) Every declaration made in respect of a newspaper shall be void,
where the newspaper does not commence publication. (a)
within six
weeks [42][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 [43][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]: [44][Provided that no person [45][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) 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
papers [46][after the
31st day 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 declaration [47][after the
31st day 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.][48] STATE
AMENDMENTS UNION TERRITORY OF LADAKH [49][Section 5A.
Omit.] 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: [50][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 newspapers owned by
the same person, be so authenticated unless the Magistrate [51][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.] 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 [52]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. [53][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.] 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, 1[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 the person whose name shall be subscribed to such declaration, [54][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 [55][newspaper]
whereof the title shall correspond with the title of the [56][newspaper]
mentioned in the declaration, [57][or the
editor of every portion of that issue of the newspaper of which a copy is
produced]. [58][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, 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 [59][newspaper]
therein mentioned. [60][A copy of
the latter declaration attested by the official seal of the Magistrate shall be
forwarded to the Press Registrar.] 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.][61] 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; (v) 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.][62] (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 [63]["or an
order by the Press Registrar suspending or cancelling the certificate of
registration under section 12 or imposing penalties under section 13 or under
section 19K"] 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 [64][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 ["or from the Press
Registrar, as the case may be,"][65] 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.] Part III - DELIVERY OF BOOKS {Subs. by
Act 10 of 1890, Section 4, for the Original Part.} (1) Printed [66][***] copies
of the whole of every book which shall be printed [67][***]
in [68][India]
after this Act shall come into force, together with all maps, prints or other
engravings belonging thereto, finished and coloured 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 one calendar month after the day on which any 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 day 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 [69][***]. (2) 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 coloured as aforesaid, which may be
necessary to enable him to comply with the requirements aforesaid. (3) 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, 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 [70][newspaper]
published in conformity with the rules laid down in section 5 of this Act.][71] STATE
AMENDMENTS MAHARASHTRA [72][In section
9, (a) to the marginal note, the words "and to notified libraries"
shall be added; and (b) after the first paragraph, the following new paragraph shall be
inserted, namely. "Such number of copies of the book not
exceeding five shall also be delivered by the printer, free of expense, to such
public libraries as the Provincial Government may, by notification in the
Official Gazette, from time to time specify, within one calendar month after
the day on which any such book shall first be delivered out of the
press."] 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
therefore. STATE
AMENDMENTS MAHARASHTRA [73][In section
10, After the word "officer" the words
"or the person in charge of the library, as the case may be," shall
be inserted.] 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 [74][transmitted
to the Central Government].] 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, two
copies of each issue of such newspaper as soon as it is published. STATE
AMENDMENTS KARNATAKA [75][In its
application to the [76][State of
Karnataka] other than the [77][Belgaum
Area] for the words "two", the word "three" shall be
substituted.] MAHARASHTRA [78][In section
11-A, For the word "two" the word
"three" shall be substituted.] Subject to any rules that may be made under this
Act, the publisher of every newspaper in India shall deliver free of expense to
the Press Registrar one copy of each issue of such newspaper as soon as it is
published.][79] PART IV
PENALTIES (1) The
Press Registrar may, by order, suspend the certificate of registration of a
newspaper for a period not exceeding one year, if— (a) the
publisher has failed to publish the newspaper continuously. Explanation. — For the removal of doubts,
it is hereby clarified that if a newspaper publishes less than half of its
issues, as are required to be published under rule (6) of section 5, such newspaper shall be deemed to have failed
to publish continuously; or (b) the
publisher of a newspaper has given false particulars in the annual statement;
or (c) the
publisher of a newspaper has failed to furnish the annual statement within two
years from the end of the financial year for which the annual statement was to
be furnished. (2) The
Press Registrar may, by order, cancel the certificate of registration where— (i) a
newspaper has ceased publication for a period exceeding twenty-four months; (ii) the
publisher of a newspaper fails to furnish the annual statement even after the
expiry of the period during which the certificate of registration was suspended
under clause (c) of sub-section
(1); (iii) the
registration was obtained on false representation or on concealment of any
material fact; (iv) the
title of the newspaper bears the same or similar title already held by any
other owner of a newspaper either in the same language anywhere in India or in
any other language in the same State or Union territory. (3) No
order for suspension or cancellation of certificate of registration shall be
made under this section, without giving a reasonable opportunity of being heard
to the publisher or owner of the newspaper, as the case may be. (4) A
copy of order of suspension or cancellation passed under this section shall be
made available to the Central Government or the State Government or the Union territory
administration, as the case may be, and to the Magistrate. The
Press Registrar may impose a penalty— (i) not
exceeding ten thousand rupees where the publisher prints or publishes any book
or paper otherwise than in conformity with the provisions contained in section
3; (ii) not
exceeding ten thousand rupees where the keeper of the press fails to make and
subscribe the declaration in conformity with the provisions contained in
section 4; (iii) not
exceeding twenty thousand rupees where the publisher fails to furnish the
annual statement as required under clause (a) of section 19D within one year
from the end of the financial year in respect of which the annual statement was
required to be furnished; (iv) not
exceeding twenty thousand rupees where a person who has ceased to be a printer
or publisher of any newspaper fails or neglects to make a declaration in compliance
with the provisions of section 8; (v) not
exceeding two thousand rupees for not delivering books or not supplying printer
with maps referred to in section 9; (vi) not
exceeding two thousand rupees where any printer of a newspaper neglects to
deliver copies of the newspaper in compliance with the provisions of sections
11A and 11B.".][80] [***] [81][(1)]
Whoever shall [82][edit], print
or publish any [83][newspaper]
without conforming to the rules hereinbefore laid down, or whoever shall [84][edit],
print or publish or shall cause to be [85][edited],
printed or published, any [86][newspaper]
knowing that the said rules have not been observed with respect to [87][that
newspaper], shall, on conviction before a Magistrate, be punished with fine not
exceeding [88][two
thousand] rupees, or imprisonment for a term not exceeding [89][six
months], or both. [90][(2) Where
an offence is committed in relation to a newspaper under sub-section (1), the
Magistrate may, in addition to the punishment imposed under the said
sub-section, also cancel the declaration in respect of the newspaper.] [91][***] [92][***] [93][***] [94][***] [95][***] PART V REGISTRATION OF BOOKS There shall
be kept at such office, and by such officer as the State Government shall
appoint in this behalf, a book to be called a Catalogue of Books printed
in [96][India], wherein shall be registered a memorandum of every book which
shall have been delivered [97][pursuant to clause (a) of the first paragraph of section 9] of this
Act. Such memorandum shall (so far as may be practicable) contain the following
particulars (that is to say). (1)
the title of
the book and the contents of the title-page, with a translation into English of
such title and contents, when the same are not in the English language; (2)
the language
in which the book is written; (3)
the name of
the author, translator or editor of the book or any part thereof; (4)
the subject; (5)
the place of
printing and the place of publication; (6)
the name or
firm of the printer and the name or firm of the publisher; (7)
the date of
issue from the press or of the publication; (8)
the number
of sheets leaves or pages; (9)
the size; (10)
the first,
second or other number of the edition; (11)
the number
of copies of which the edition consists; (12)
whether the
book is printed [98][cyclostyled or lithographed]; (13)
the price at
which the book is sold to the public; and (14)
the name and
residence of the proprietor or the copyright or of any portion of such
copyright. such
memorandum shall be made and registered in the case of each book as soon as
practicable after the delivery of the [99][copy thereof pursuant to clause (a) of the first paragraph of section
9.]. [100][***] The
memoranda registered during each quarter in the said Catalogue shall be
published in the Official Gazette as soon as may be after the end of such
quarter, and a copy of the memoranda so published shall be sent [101][***] to the Central Government [102][***]. [103][PART V-A Registration Of Newspapers] The Central
Government may appoint a Registrar of newspapers for India and such other
officers under the general superintendent and control of the Press Registrar as
may be necessary for the purpose of performing the functions assigned to them by
or under this Act, and may, by general or special order, provide for the
distribution or allocation of functions to be performed by them under this Act. (1)
the Press
Registrar shall maintain in the prescribed manner a Register of newspapers. (2)
The Register
shall, as far as may be practicable, contain the following particulars about
every newspaper published in India, namely. (a)
the title of
the newspaper; (b)
the language
in which the newspaper is published; (c)
periodicity
of the publication of the newspaper; (d)
the name of
the editor, printer and publisher of the newspaper; (e)
the place of
printing and publication; (f)
the average
number of pages per week; (g)
the number
of days of publication in the year; (h)
the average
number of copies printed, the average number copies sold to the public and the
average number of copies distributed free to the public, the average being
calculated with reference to such period as may be prescribed; (i)
retail
selling price per copy; (j)
the names
and addresses of the owners of the newspaper and such other particulars
relating to ownership as may be prescribed. (k)
any other
particulars which may be prescribed. (3)
On receiving
information from time to time about the aforesaid particulars, the Press
Registrar shall cause relevant entries to be made in the Register and may make
such necessary alterations or corrections therein as may be required for
keeping the Register up-to-date. On receiving
from the Magistrate under section 6 a copy of the declaration in respect of a
newspaper, [104][and on the publication of such newspaper, the Press Registrar] as soon
as practicable thereafter, issue a certificate of registration in respect of
that newspaper to the publisher thereof. It shall be
the duty of the publisher of every newspaper. (a)
to furnish
to the Press Registrar an annual statement in respect of the newspaper at such
time and containing such of the particulars referred to in sub-section (2) of
section 19B as may be prescribed; (b)
to publish
in the newspaper at such times and such of the particulars relating to the
newspaper referred to in sub-section (2) of section 19B as may be specified in
this behalf by the Press Registrar. The
publisher of every newspaper shall furnish to the Press Registrar such returns,
statistics and other information with respect to any of the particulars
referred to in sub-section (2) of section 19B as the Press Registrar may from
time to time require. The Press
Registrar or any gazette officer authorised by him in writing in this behalf
shall, for the purpose of the collection of any information relating to
newspaper under this Act, have access to any relevant record or document
relating to the newspaper in the possession of the publisher thereof, and may
enter at any reasonable time any premises where he believes such record or
document to be and may inspect or take copies of the relevant records or
documents or ask any question necessary for obtaining any information required
to be furnished under this Act. The Press
Registrar shall prepare, in such form and at such time each year as may be
prescribed, an annular report containing a summary of the information obtained
by him during the previous year in respect of the newspapers in India and
giving an account of the working of such newspapers, and copies thereof shall
be forwarded to the Central Government. On the
application of any person for the supply of the copy of any extract from the
register and on payment of such fee as may be prescribed, the Press Registrar
shall furnish such copy to the applicant in such form and manner as may be
prescribed. Subject to
the provisions of this Act and regulations made thereunder, the Press Registrar
may delegate all or any of his powers under this Act to any officer subordinate
to him. The Press
Registrar and all officers appointed under this Act shall be deemed to be
public servants within the meaning of Section 21 of the Indian Penal
Code (45 of 1860). If the publisher of any
newspaper— (a)
refuses or neglects to
comply with the provisions of clause (b)
of section 19D or section 19E; or (b)
publishes in the newspaper in
pursuance of clause (b) of section
19D any particulars relating to the newspaper which he has reason to believe to
be false, he shall be liable to penalty not exceeding ten thousand
rupees.".][105] [106][***] PART
VI MISCELLANEOUS (1)
The State
Government to may by notification in the official gazette, make such rules (not
inconsistent with the rules made by the central government under section 20 (A)
as may be necessary or desirable for carrying out the objects of this act. (2)
Every rule
made by the state government under this section shall be laid, as soon as may
be after it is made, before the state Legislature.][107] [108][(1) The Central Government may, by notification in the Official
Gazette, make rules. (a)
prescribing
the particulars which a declaration made and subscribed under section 5 may
contain; [109][and the form and manner in which the names of the printer, publisher,
owner and editor of a newspaper and the place of its printing and publication
may be printed of every copy of such newspaper]; (b)
[110][prescribing the manner in which copies of any declaration attested by
the Official Seal of a Magistrate or copies of any order refusing to
authenticate any declaration may be forwarded to the person making and
subscribing the declaration and to the Press Registrar,] (c)
prescribing
the manner in which copies of any newspaper may be sent to the Press Registrar
under section 11 B; (d)
prescribing
the manner in which a Register may be maintained under section 19B and the
particulars which it may contain; (e)
prescribing
the particulars which an annual statement to be furnished by the publisher of a
newspaper to the Press Registrar may contain; (f)
prescribing
the form and manner in which an annual statement under clause (a) of section
19D, or any returns, statistics or other information under section 19E, may be
furnished to the Press Registrar; (g)
prescribing
the fees for furnishing copies of extracts from the Register and the manner in
which such copies may be furnished; (h)
prescribing
the manner in which a certificate of registration may be issued in respect of a
newspaper; (i)
prescribing
the form in which, and the time within which, annual reports may be prepared by
the Press Registrar and forwarded to the Central Government. [111][(2) Every rule made under this section shall be laid as soon as may be
after it is made before each House of Parliament while it is in session for a
total period of thirty days which may be comprised in one session [112][in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid]
both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule,] Any rule made under any provision of this Act may provide that any
contravention thereof shall be punishable with fine which may extend to one
hundred rupees.][113] [114][The State Government may, by notification in the
Official Gazette], exclude any class of books [115][or papers] from the operation of the whole or any
part or parts of this Act: [116][Provided that no such notification in respect of any
class of newspapers shall be issued without consulting the Central Government.] This Act extends to the whole
of [117][***]. [118][Provided that no such notification in respect of any class of
newspapers shall be issued without consulting the Central Government.] Rep. by
the Repealing Act, 1870 (14 of 1870), Section 1 and Sch., Pt. II. [1] Short
title given by the Indian Short Titles Act, 1897 (14 of 1897). For Statement of Objects and Reasons, see Gazette of
India, 1867, p. 191; and for Proceedings in Council, see ibid.,Supplement,
pp. 72, 156 and 299. This Act was declared by the Laws Local Extent Act,
1874 (15 of 1874), s. 3 to be in force in all the Provines of
India, except the Scheduled Districts. It has heen applied to the SanthalParganas by the
SanthalParganas Settlement Regulation (3 of 1872), Section 3; to the Khondmals District by the Khondmals Laws Regulation,
1936 (4 of 1936), Section 3 and Sch.; and to the Angul District by the
Angul Laws Regulation, 1936 (5 of 1936), Section 3 and Sch. It has been extended to Goa, Daman and Diu with
modifications by Reg. 12 of 1962, Section3 and Sch.; to Dadra and
Nagar Haveli by Reg. 6 of 1963, Section 2 and Sch. I (w.e.f. 1-7-1965) and
to Pondicherry by Reg. 7 of 1963, s, 3 and Sch.I (w.e.f. 1-10- 1963). It has been applied, by notification under Section 3(a)
of the Scheduled Districts Act, 1874 (14 of 1874), to the followingScheduled
Districts, namely: — the Territory of Peint, see Gazette of India, 1887, Pt.
I, p.144 (Peint is now no longer a Scheduled District, and all the
enactments in force in the Nasik District of the Bombay Presidency, among them
Act 25 of 1867,are now in force in this territory), see the Peint Laws Act,
1894 (Bom. Act 2 of 1894). the Island of Perim, see Gazette of India, 1887, Pt. I,
p. 5; that portion of the Jalpaiguri District which was
formerly the Jalpaiguri Sub -division and now form’s the western portion
of the District of Jalpaiguri and extends as far east as the Teesta River, the
hills west of theTeesta River in the District of Darjiling, the DarjilingTarai,
the Damson Sub-division of the Darjiling District, the Districts of Hazaribagh
[Lohardaga now called the Ranchi District, see Calcutta Gazette, 1899, Pt. I,p.
44] and Manbhum, and ParganaDhalbhum and the Kolhan in the District of
Singhbhum, see Gazette of India, 1881, Pt. I, pp. 74 and 504; the Western Duars
of the Jalpaiguri District, see ibid.,1910, Pt. I, p,1160;the Districts of
Kumaon and Garhwal, see Gazette of India, 1876, Pt. I, p. 605; the scheduled
portion of the Mirzapur District, see Gazette of India, 1879, Pt.. I, P. 383;
ParganaJaunsarBawar in the Dehra Dun District, see Gazette of India, 1897, Pt.
I, p. 382; the Districts of Kamrup, Nowgong, Darrang, Sibsagar, Lakimpur,
Goalpara (excluding the Eastern Duars and Cacharexcluding the North Cachar
Hills), see Gazette of India, 1878, Pt. I, p. 533; theGaro Hills, the Khasi and
Jaintia Hills, the Naga Hills, the North Cachar Hills in theCachar District and
the Eastern Duars in the Goalpara District, see Gazette of India, 1897, Pt. I,
p.299. It has been declared by notification under Section 3(b)
of the Scheduled Districts Act, 1874 (14 of 1874) not to be in force inthe
Scheduled District of Lahaul in the Punjab, see Gazette of India, 1886, Pt. I,
p. 301. It has been extended, by notification under Section 5 of the
Scheduled Districts Act, 1874 (14 of 1874), to the Tara District of the
Province of Agra, see Gazette of India, 1876, Pt. I, p. 506, to the District of
Coorg, see ibid. 1918, Pt.II, p. 1730. It has also been extended to Berar by
the Berar Laws Act, 1941 (4 of 1941). It has been amended in its application to
Andhra by Andhra Act 8 of 1960; Madras by Madras Acts 24 of1948 and 14 of 1960;
Punjab by Punjab Acts 14 of 1942, 25 of 1950 and 15 of 1957; Mysore by Mysore
Act 10of 1972; and Himachal Pradesh by Himachal Pradesh Act 17 of 1974. [2] Inserted
by Act 55 of 1955, Section 2 (w.e.f. 1-7-1956). [3]
Substituted by Act 3 of 1951, Section 3 and Schedule, for “the whole of
India except Part B States”. [4] Inserted
by Act 55 of 1955, Section 2 (w.e.f. 1-7-1956). [5]
Substituted by Act 35 of 1950, Section 3 and the Second Schedule, for
“periodicals containing news”. [6] The word
“three” omitted by Act 10 of 1890, Section 1. [7]
Substituted by Act 55 of 1955, Section 3, for “every book printed or
lithographed in India and for the registration of such books” (w.e.f.
1- 7-1956). [8] Section 1
re-numbered as sub-section (1) thereof by Act 16 of 1965, Section 2 (w.e.f.
1-11-1965). [9] The words
"or lithographed" omitted by Act 55 of 1955, Section 4 (w.e.f.
1-7-1956). [10] Definition
of "British India" rep. by the A.O. 1937, see now the definition in
Section 3(5) of the General Clauses Act, 1897 (10 of 1897). [11] Inserted
by Act 14 of 1922, Section 3 and the First Schedule. [12] Definition
of "India" omitted by Act 16 of 1965, Section 2 (w.e.f. 1-11-1965). [13] Now
Presidency Magistrate, see ibid. [14] The words
"and a Justice of the Peace" rep. by Act 10 of 1890, Section 2. [15] Inserted
by Act 14 of 1922, Section 3 and the First Schedule. [16] Paragraphs
relating to the definitions of "Number" and "Gender" rep.
by Act 10 of 1914, Section 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, Section 3 and Sch. [17] Inserted
by Act 55 of 1955, Section 4 (w.e.f. 1-7-1956). [18] Inserted
by Act 16 of 1965, Section 2 (w.e.f. 1-11-1965). [19] Vide
Karnataka Act 13 of 1956, Section 67 and Schedule. [20] Vide Jammu
and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide Order
No. SO1123(E), dated 18.03.2020. [21] Vide Union
Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020,
Order No. SO3774(E), dated 23.10.2020. [22]
Substituted by Act 3 of 1951, Section 3 and Schedule for "the
States". [23] Inserted
by Act 12 of 1891, Section 2 and the Second Schedule. [24] Section 4
re-numbered as sub-section (1) thereof by Act 55 of 1955, Section 5
(w.e.f. 1-7-1956). [25]
Substituted by Act 56 of 1951, Section 36, for "the Magistrate"
(w.e.f. 1-2-1952). [26] Added
by Act 55 of 1955, Section 5 (w.e.f. 1-7-1956). [27]
Substituted by Act 14 of 1922, Section 3 and the First Schedule, for
"printed periodical work containing public news or comments on public
news,". [28]
Substituted by Act 3 of 1951, Section 3 and Schedule, for "the
States". [29]
Substituted by Act 26 of 1960, Section 2, for rule (1) (w.e.f.1-10-1960)
which was ins. by Act 14 of 1922, Section 3 and the First Schedule. [30] Rule (1)
re-numbered as rule (2) by Act 14 of 1922, Section 3 and the First
Schedule. [31]
Substituted by Section 3 and the First Schedule, ibid., for "periodical
work". [32]
Substituted by Section 3 and the First Schedule, ibid., for "before the
magistrate within whose local jurisdiction such work shall be published". [33] The words
", or such printer or publisher resides," omitted by Act 26 of
1960, Section 2 (w.e.f. 1-10-1960). [34]
Substituted by Section 3 and the First Schedule, ibid., for "periodical
work". [35]
Substituted by Act 55 of 1955, Section 6, for certain words (w.e.f.
1-7-1956). [36] Inserted
by Section 6,ibid. [37] Inserted
by Act 26 of 1960, Section 2 (w.e.f. 1-10-1960). [38] Rule (2)
re-numbered as rule (3) by Act 14 of 1922, Section 3 and the First
Schedule. [39]
Substituted by Act 26 of 1960, Section 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,
Section 3 and the First Schedule. [40]
Substituted by Act 26 of 1960, Section 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,
Section 3 and the First Schedule. [41] Inserted
by Act 55 of 1955, Section 6 (w.e.f. 1-7-1956). [42]
Substituted by Section 2, ibid. for "of the declaration" (w.e.f.
1-10-1960). [43]
Substituted by Section 2, ibid. for "of the declaration" (w.e.f.
1-10-1960). [44] Inserted
by Act 14 of 1922, Section 3 and the First Schedule. [45] Inserted
by Act 26 of 1960, Section 2 (w.e.f. 1-10-1960). [46]
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. [47]
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. [48] Inserted
by the Press and Registration of Books (Amendment) Act, 1965, w.e.f.
01-11-1965. [49] Vide Union
Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020,
Order No. SO3774(E), dated 23.10.2020. [50] Inserted
by Act 55 of 1955, Section 7 (w.e.f. 1-7-1956). [51]
Substituted by Act 26 of 1960, Section 3, for certain words (w.e.f.
1-10-1960). [52]
Substituted by Act 10 of 1890, Section 3, for certain words. [53]
Substituted by Act 26 of 1960, Section 3, for the fourth paragraph (w.e.f.
1-10-1960) which was ins by Act 55 of 1955, Section 7 (w.e.f.
1-7-1956). [54] Inserted
by Act 14 of 1922, Section 3 and the First Schedule. [55]
Substituted by Act 14 of 1922, Section 3 and the First Schedule, ibid.,
for "periodical work". [56]
Substituted by Act 14 of 1922, Section 3 and the First Schedule, ibid.,
for "periodical work". [57] Inserted
by Section 3 and the First Schedule, ibid. [58]
Substituted by Act 55 of 1955, Section 8, for the first paragraph (w.e.f.
1-7-1956). [59]
Substituted by Act 14 of 1922, Section 3 and the First Schedule, ibid.,
for "periodical work". [60] Ins. by
Section 8, ibid. (w.e.f. 1-7-1956). [61] Inserted
by Section 3 and the First Schedule, ibid. [62] Inserted
by the Press and Registration of Books (Amendment) Act, 1960, w.e.f.
29-08-1960. [63] Ins. by
The Jan Vishwas (Amendment of Provisions) Act, 2023 NO. 18 of 2023 18 of 2023,
s. 2 and Schedule (w.e.f. 01-08-2024). [64]
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. [65] Ins. by
The Jan Vishwas (Amendment of Provisions) Act, 2023 NO. 18 of 2023 18 of 2023,
s. 2 and Schedule (w.e.f. 01-08-2024). [66] The words
"or lithographed" omitted by Act 55 of 1955, Section 9 (w.e.f.
1-7-1956). [67] The words
"or lithographed" omitted by Act 55 of 1955, Section 9 (w.e.f.
1-7-1956). [68]
Substituted by Act 3 of 1951, Section 3 and the Schedule, for "the
States". [69] The words
"or lithographed" omitted by Act 55 of 1955, Section 9. (w.e.f.
1-7-1956). [70]
Substituted by Act 14 of 1922, Section 3 and the First Schedule, for
"periodical work". [71] Substituted
by Act 10 of 1890, Section 4, for Part III. [72] Added by
Press And Registration Of Books (Bombay Amendment) Act, 1948, Section 2. [73] Inserted
by Press And Registration Of Books (Bombay Amendment) Act, 1948, Section 3. [74] Subs. by
the A.O. 1948, for certain words. [75]
Substituted by Press and Registration of Books (Karnataka Amendment) Act, 1972. [76] Adapted by
the Karnataka Adaptations of Laws Order 1973 w.e.f. 01.11.1973. [77] Adapted by
the Karnataka Adaptations of Laws Order 1973 w.e.f. 01.11.1973. [78]
Substituted by Press And Registration Of Books (Bombay Amendment) Act, 1951,
Section 2. [79] Inserted
by Press and Registration of Books Act, 1867, Section 10. [80] Subs. by
The Jan Vishwas (Amendment Of Provisions) Act, 2023 NO. 18 of 2023, s. 2 and
Schedule for – Section -12 - Penalty for printing contrary to rule in
section 3. 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
exceeding [two thousand] rupees, or by simple imprisonment for a term not
exceeding [six months], or by both. Section -13 - Penalty for keeping press without making
declaration required by section4. Whoever shall keep in his possession any such press as
aforesaid, [in contravention of any of the provisions contained in section
4 of this Act], shall, on conviction before a Magistrate, be punished by fine
not exceeding [two thousand] rupees, of by simple imprisonment for a term
not exceeding [six months], or by both. Section 14 - Punishment for making false statement. Any person who shall, in making [any declaration or
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]. (w.e.f. 01-08-2024) [81] Section 15
renumbered as sub-section (1) of section 15 and sub-section (2) added by
the Press and Registration of Books (Amendment) Act, 1960, w.e.f.
29-08-1960. [82] Inserted
by Section 3 and Sch. I, ibid. [83]
Substituted by Section3 and Sch, I, ibid., for "such periodical work as is
hereinbefore described." [84] Inserted
by Section 3 and Sch. I, ibid. [85] Inserted
by Section 3 and Sch.I, ibid. [86]
Substituted by Section 3 and Sch.I, ibid., for "such periodical work" [87]
Substituted by Section 3 and Sch. I, ibid., for "that work". [88]
Substituted by Act 14 of 1922, Section 3 and Sch.I, for "five
thousand". [89]
Substituted by Section 3 and Sch. I, ibid., for "two years". [90] Inserted
by Act 26 of 1960, Section 5 (w.e.f. 1.10.1960). [91] Omitted by
the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and
Schedule (w.e.f. 01-08-2024) [92] Omitted by
the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and
Schedule (w.e.f. 01-08-2024) [93] Omitted by
the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and
Schedule (w.e.f. 01-08-2024) [94] Omitted by
the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and
Schedule (w.e.f. 01-08-2024) [95] Omitted by
the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and
Schedule (w.e.f. 01-08-2024) [96]
Substituted by Act 3 of 1951, Section 3 and Sch., for "the
States". [97]
Substituted by Act 10 of 1890, Section 6, for "pursuant to section
9". [98]
Substituted by Act 55 of 1955, Section 15, for "or lithographed"
(w.e.f.1st July 1956). [99]
Substituted by Section 6, ibid., for "copies thereof in manner
aforesaid". [100] Last
sentence rep. by Act 3 of 1914, Section 15 and Sch. II. [101] The words
"to the said Secretary of State, and "omitted by the A.O.1948. [102] The word
"respectively " omitted, ibid. [103] Part VA
containing Sections 19A to 19L insertec by Act 55 of 1955, Section 16
(w.e.f.1st July 1956). [104]
Substituted by the Press and Registration of Books (Amendment) Act, 1965,
Section 6, for the following. "the Press Registrar shall cause relevant entries to
be made in the Register in respect of the newspaper and shall" [105] Subs. by
The Jan Vishwas (Amendment Of Provisions) Act, 2023 NO. 18 of 2023, s. 2 and
Schedule for - Section 19K - Penalty for contravention of section 19D or
section 19E etc. If the publisher of any newspaper. refuses or neglects to comply with the provisions of
section 19D or section 19E; or [***] publishes in the newspaper in pursuance of clause (b) of
section 19D any particulars relating to the newspaper which he has reason to
believe to be false, he shall be punishable with fine which may extend to five
hundred rupees. (w.e.f. 01-08-2024). [106] Omitted by
the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and
Schedule (w.e.f. 01-08-2024) [107] Section
20, substituted for "20. Power to make rules. The State Government shall have power to make such rules
{Inserted by Act 55 of 1955, Section 17 (w.e.f. 1st July 1956)} [not
inconsistent with the rules made by the Central Government under section 20A ]
as may be necessary or desirable for carrying out the objects of this Act, and
from time to time to repeal, after and add to such rules. Publication. All such rules, and all repeals and
alterations thereof, and additions thereto, shall be published in the Official
Gazette." By the Delegated Legislation Provision (Amendment)
Act, 1983, w.e.f. 15-03-1984. [108] Inserted
by Section 18, ibid. (w.e.f. 1st July 1956). [109] Inserted
by the Press and Registration of Books (Amendment) Act, 1960, w.e.f.
29-08-1960. [110]
Substituted for '(b) prescribing the manner in which copies of any declaration
attested by the official seal of a Magistrate may be for warded to the Press
Registrar" by the Press and Registration of Books (Amendment) Act,
1960, w.e.f. 29-08-1960. [111] Section
20(2) substituted by the Press and Registration of Books (Amendment) Act,
1960, w.e.f. 29-08-1960 Prior to substitution section 20(2) stood as follows
"All rules made under this section shall , as soon as practible after they
are made, be laid before both Houses of Parliament" [112] Words
"or in two successive sessions, and if before the expiry of the session in
which it is so laid or the session immediately following" By
the Delegated Legislation Provisions (Amendment) Act 1983 w.e.f
15.03.1984. [113] Inserted
by the Press and Registration of Books (Amendment) Act, 1960, w.e.f.
29-08-1960. [114]
Substituted by the A.O. 1937, for certain words. [115] Inserted
by Act 11 of 1915, Section 2 and Sch. I. [116] Added
by Act 26 of 1960, Section 10 (w.e.f. 1-10-1960). [117] Repealed
by the Repealing Act, 1870 (14 of 1870). [118] Inserted
by the Press and Registration of Books (Amendment) Act, 1960, w.e.f.
29-08-1960.PRESS AND REGISTRATION OF BOOKS ACT, 1867
(Amended Upto 2023)
PREAMBLE
Section 5A – [Jammu and Kashmir Act No. 01 of 1989.
Section 8A – [Person whose name has been incorrectly published as editor may make a declaration before a Magistrate.
Section 8B – [Cancellation of declaration.
Section 8C – Appeal.
Section 11B – [Copies of newspapers to be delivered to Press Registrar.
Section 12 – [Suspension or cancellation of certificate of registration.
Section 13 – Penalty for certain contraventions.
Section 14 – Penalty for certain contraventions.
Section 19K – [Penalty for contravention of section 19D or section 19E.
Section 20 – [Power of State Government to make rules.
Section 20B – [Rule made under this Act may provided that contravention thereof shall be punishable.
Section 22 – Extent.
Section 23 – Commencement.