[01st March
2024] G.S.R. 151(E).-Whereas, the Draft Press and Registration
of Periodicals Rules, 2024was published vide notification of the Government of
India in the Ministry of Information and Broadcasting number S.O. 73(E), dated
the 5th January, 2024 inviting comments /suggestions from stakeholders and
general public on these draft Rules, proposed to be issued under the powers
conferred under section 19 of the Press and Registration of Periodicals Act,
2023 (51 of 2023) before expiry of thirty days from the publication of the said
notification; And whereas, copies of the said Gazette were made
available to the public on the 5th January, 2024; And whereas, the comments and suggestions received within
the said period from the public and stakeholders in respect of the said draft
rules have been duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by
section 19 of the Press and Registration of Periodicals Act, 2023, the Central
Government hereby makes the following rules, namely: - (1)
These rules may be called the Press and Registration of Periodicals
Rules, 2024. (2)
They shall come into force from the date of their publication in the
Official Gazette. (1)
In these rules, unless the context otherwise requires, - (a)
"Act" means the Press and Registration of Periodicals Act,
2023 (51 of 2023); (b)
"Bharat Kosh" means the online service window of the
Government of India to deposit any fees or fine or other money into the
Government Account; (c)
"Central Bureau of Communication" means the attached office of
the Central Government for dissemination of information on Government policies
and programmes through advertising and outreach activities using various
vehicles of communication including, audio-visual, print, electronic, digital,
exhibitions and outdoor activities; (d)
"entity" means an entity referred to in section 4 of the Act; (e)
"Financial year" means the period beginning from the 1st day
of April and ending on the 31st day of March every year; (f)
"National Single Window System" means the digital platform of
the Central Government (https://www.nsws.gov.in) to guide persons in
identifying and applying for various approvals, permissions and registrations; (g)
"Press Information Bureau" means the attached office of the
Central Government to disseminate information to print, electronic and social
media on Government policies, programmes, initiatives and achievements, through
various interventions and activities including press releases, press notes,
feature articles, backgrounders, press briefings, interviews, press conferences
and press tours; (h)
"Press Sewa Portal" means the online portal of the Press
Registrar General for receiving various applications, intimations, and such
other documents, including the following, namely: -
(i)
intimation by printer of a periodical;
(ii)
registration of facsimile edition of a foreign periodical;
(iii)
application by a publisher for obtaining a certificate of registration
of a periodical;
(iv)
application for revision of certificate of registration;
(v)
application for transfer of ownership of certificate of registration;
(vi)
furnishing annual statement by the publisher of a periodical;
(vii)
guidelines for title allotment;
(viii)
procedure for desk audit for verification of circulation of a
periodical. (2)
All other words and expressions used herein and not defined but defined
in the Act shall have the same meanings respectively assigned to them in the
Act. (1)
A printer of a periodical shall, within thirty days of starting a
printing press of a periodical, send an intimation on the Press Sewa Portal
along with the particulars and documents specified therein, to the Press
Registrar General and the specified authority within whose jurisdiction the
printing press is situated. (2)
Where, after sending the intimation under sub-rule (1), any changes take
place in the particulars mentioned in the intimation, the printer shall inform
the Press Registrar General and the specified authority of the changes of the
particulars. (3)
Where the change in particulars involves change in location of the
printing press falling under the local jurisdiction of another specified
authority, the printer shall send a fresh intimation on the Press Sewa Portal
to the Press Registrar General and the new specified authority, and also inform
the original specified authority. (1)
Any entity which intends to publish a facsimile edition of a foreign
periodical in India shall apply on the National Single Window System for
obtaining approval from the Central Government for such publication, along with
all particulars, documents and fee specified therein, in accordance with the
guidelines available on that system. (2)
The Central Government shall, after seeking such additional information,
as it deems necessary, grant approval to the entity for publication of the
facsimile edition, subject to such terms and conditions as the Central
Government may deem fit and communicate the same to the entity on the National
Single Window System. (3)
Where the Central Government is of the opinion that approval cannot be
granted, it shall by a written order convey its decision, along with reasons
for refusal, and communicate the same to the entity on the National Single
Window System. (4)
The entity shall, within fifteen days of grant of approval under
sub-rule (2), make an application to the Press Registrar General on the Press
Sewa Portal for the grant of certificate of registration for publication of the
facsimile edition of the foreign periodical in India, along with such documents
as may be specified on the Press Sewa Portal, and a fee of rupees ten thousand
payable to Bharat Kosh through any mode of payment specified therein. (5)
The Press Registrar General shall verify the application, and after
satisfying itself of the correctness of the application and of the additional
information, if any, obtained from the entity and taking into consideration the
comments, if any, of the Central Government, issue a certificate of
registration to the entity for the publication in India of facsimile edition of
the foreign periodical. (6)
The entity shall commence publication of the facsimile edition in India
only after it is granted a certificate of registration under sub-rule (5) and
if the entity has commenced publication of facsimile edition before grant of
certificate, the Press Registrar General may refuse to grant certificate of
registration to such entity and inform the Central Government of such
publication. (7)
The Central Government may on its own or based on information received
from the Press Registrar General or any other authority regarding publication
of the facsimile edition in India before the grant of certificate of
registration under sub-rule (5), suspend or cancel the approval granted by it
to such entity under sub-rule (2). (1)
A publisher intending to start a periodical shall make an online
application to the Press Registrar General on the Press Sewa Portal along with
such documents as may be specified therein and a fee of rupees one thousand
payable to Bharat Kosh through any mode of payment specified therein, while
ensuring adherence to the guidelines on title allotment issued by the Press
Registrar General, available on the Press Sewa Portal. (2)
The application under sub-rule (1) which is addressed to the Press
Registrar General shall also be endorsed to the specified authority within
whose local jurisdiction the periodical is proposed to be published and sent
online from the Press Sewa Portal. (3)
Upon successful uploading of the application, the Press Sewa Portal
shall generate an acknowledgement along with a unique ten-digit alphanumeric
Applicant Reference Number, and the publisher and the Press Registrar General
shall use the Applicant Reference Number for all future correspondences and
references. (4)
Where the publisher intends to make any corrections or remove any
omissions or error in the application furnished under sub-rule (1), he may do
so within five days of furnishing such application. (5)
If on verification of the application, the Press Registrar General finds
any deficiencies, he shall, within seven working days of receipt of the
application, and the further time specified under sub-rule (4), issue an online
communication to the publisher specifying the deficiencies. (6)
The publisher shall, within a period not exceeding thirty days of
receiving the communication referred to in sub-rule (5), remove all
deficiencies by submitting all requisite details and particulars on the Press
Sewa Portal and failure to do so within the specified period of thirty days
shall render the application liable to be rejected by the Press Registrar General. (7)
The Press Registrar General shall, after verifying the application and
taking into consideration comments, if any, received from the specified
authority on the Press Sewa Portal and the guidelines regarding admissibility
of the title, is satisfied that - (a)
the deficiency has been removed, issue a certificate of registration to
the publisher in the format specified in the Press Sewa Portal, and endorse a
copy thereof to the specified authority; (b)
the application remains deficient or the deficiencies have not been
removed by the publisher within the specified time, issue an online
communication to the publisher providing the reasons as to why registration may
not be granted and afford ten days time to the publisher to submit a reply
thereto on the Press Sewa Portal. (8)
The Press Registrar General may, after taking into consideration the
written reply of the publisher under clause (b) of sub-rule (7), either grant
or refuse to grant the certificate of registration of the periodical: Provided that where the Press Registrar General decides
that registration shall be not granted, he shall pass a speaking order
specifying the grounds and reasons for the same and communicate it to the
publisher on the Press Sewa Portal. (1)
If any revision in the particulars of the certificate of registration
granted to a publisher under Rule 5 is required, such publisher may make an
application to the Press Registrar General on the Press Sewa Portal, along with
documents specified therein and a fee of rupees one thousand payable to Bharat
Kosh through any mode of payment specified therein. (2)
The particulars for which an application for revision of the certificate
may be made by the publisher may include: - (a)
the language of the periodical; (b)
the title of the periodical; (c)
the editor of the periodical; (d)
the printing press of the periodical; (e)
the place of publication of the periodical within the State or Union
Territory; (f)
the periodicity of the periodical. (3)
If, on the verification of the application made under sub-rule (1), the
Press Registrar General finds that there is change in the specified authority
due to change in the place of publication under clause (e) of sub-rule (2), he
shall, within a period of sixty days from the date of receipt of the
application, obtain comments of the specified authority under whose
jurisdiction the new place of publication is located, and on being satisfied of
the correctness of all particulars in the application, issue a revised certificate
of registration in respect of the periodical preferably within fifteen working
days of obtaining comments of the specified authority, and endorse a copy to
the specified authority. (4)
If the owner of a periodical to whom certificate of registration is granted
under rule 5 intends to change the publisher, the new publisher shall make an
application for a revised certificate of registration and all the provisions of
rule 5 shall apply. (1)
Where the owner of a periodical in respect of which certificate of
registration has been granted under rule 5 intends to transfer the ownership of
that periodical to any other person or entity, such person or entity being the
transferee, may apply for change of ownership of the periodical by making an
application to the Press Registrar General on the Press Sewa Portal along with
the documents specified therein and a fee of rupees one thousand payable to
Bharat Kosh through any mode of payment specified therein. (2)
The application made under sub-rule (1) shall also be endorsed by the
transferee to the specified authority within whose local jurisdiction the
principal place of business of the transferee is situated, and sent online to
the specified authority from the Press Sewa Portal. (3)
The Press Registrar General shall verify the application and obtain
comments of the new specified authority within a period of sixty days from the
date of receipt of application and after being satisfied of the correctness of
the application, grant permission for change of ownership of the periodical. (4)
If after taking into consideration the comments of the specified
authority and other factors, the Press Registrar General is of the opinion that
permission for change of ownership may not be granted, he shall issue an online
communication to the owner providing reasons as to why such change of ownership
may not be granted and afford ten days time to the owner to submit a written
reply thereto. (5)
The Press Registrar General may, after taking into consideration the
written reply of the owner, either permit the change in ownership and issue a
written permission for the change on the Press Sewa Portal, or refuse to grant
permission for change in ownership: Provided that where the Press Registrar General decides that
permission for change of ownership may be not granted, he shall pass a speaking
order specifying the grounds and reasons for the same and communicate it to the
owner of the periodical. (6)
Where the application for transfer is limited only to the change in
ownership of the periodical, the Press Registrar shall issue a revised
certificate of registration: Provided that where the change in ownership involves
change in any other particulars of the periodical, the publisher or the new
publisher, as the case may be, shall make an application for grant of
registration in the manner provided in rule 5, within thirty days of the
receipt of the permission for change of ownership granted under sub-rule (3). (7)
Where the owner of a periodical is a company registered under the
Companies Act, 2013 (18 of 2013) and the shareholding pattern of the company
undergoes any change from the shareholding pattern at the time of grant of
certificate of registration of the periodical under these rules, the authorised
person in the company shall intimate the Press Registrar General on the Press
Sewa Portal of the changes made, giving full details of the names, address and
other particulars of the new shareholders, along with such other documents
specified in the Press Sewa Portal. Where an owner of a periodical, who has been granted a
certificate of registration under these rules decides to discontinue the
publication of the periodical, he shall, within six months of such
discontinuation, send an online intimation to the Press Registrar General and
the specified authority, on the Press Sewa Portal. (1)
A publisher who has been granted a certificate of registration under
these rules shall furnish an annual statement by the 31st May of a calendar
year, in respect of the preceding financial year, on the Press Sewa Portal,
containing the particulars and documents specified on that Portal. (2)
Where the publisher, due to circumstances beyond his control, is unable
to furnish the annual statement within the time mentioned in sub-rule (1), he
may, with the prior approval of the Press Registrar General, furnish the annual
statement within such extended period as the Press Registrar General may
permit, having regard to the circumstances for such delay but no such extension
shall be granted beyond 31st December of the calendar year. (1)
The publisher shall, within forty-eight hours of publication of a
newspaper, upload the electronic version of the newspaper on the Press Sewa
Portal. (2)
The publisher in a State or Union Territory shall deliver the physical
copy of the newspaper to the office of the Press Information Bureau located in
that State or Union Territory in which the paper is being published, by the
fifth day of every month for the all the days for which the newspaper is
published during the preceding month: Provided that the publisher may deliver a copy of the
newspaper to the office of the Press Information Bureau at a more frequent
interval. Provided further that in a State or Union Territory where
there is no office of Press Information Bureau, the Press Registrar General
shall authorise an officer under the Central Government in the Ministry of
Information and Broadcasting in that State or Union Territory for receiving the
newspaper from the publisher. (3)
The newspapers published in the National Capital Territory of Delhi
Region will be delivered at the office of the Press Registrar General in New
Delhi. (4)
The publisher in a State or Union Territory shall deliver the physical
copy of the newspaper to such office of the State Government or the Union
Territory administration so authorised for the purpose by that State Government
or the Union Territory administration, by the fifth day of every month for all
the days for which the newspaper is published during the preceding month: Provided that the publisher may deliver a copy of the
newspaper to the office so authorised by the State Government or Union
Territory administration, at a more frequent interval. (5)
Compliance of sub-rules (1) to (4) shall be taken into consideration for
the purpose of ascertaining whether the newspaper is being published
continuously. (1)
The Press Registrar General may verify the circulation figure of a
periodical, in the manner laid down under this rule, in respect of the
following classes and category of periodicals: - (a)
a daily newspaper, having an average circulation of twenty-five thousand
copies or more each day, as reported in the annual statement furnished by such
newspaper in the preceding two financial years, and is empanelled with the
Central Bureau of Communication for the purpose of obtaining advertisements of the
Central Government; (b)
a daily newspaper, having an average circulation of twenty-five thousand
copies or more each day, as reported in the annual statement furnished by such
newspaper in the preceding two financial years, and intends to be empanelled
with the Central Bureau of Communication for the purpose of obtaining
advertisements of the Central Government; and (c)
any other periodical which, in the opinion of the Press Registrar
General, and for reasons to be recorded by him in writing, requires such verification,
having regard to any information, reference or complaint received by him in
respect of that periodical. (2)
For the purposes of verifying the circulation of a periodical referred
to in sub-rule (1), the Press Registrar General or any officer of the Central
Government so authorised by him, may undertake a desk audit of the information
furnished by the publisher in the latest annual statement in accordance with
procedure laid down in the Press Sewa Portal, and determine the circulation
figure: Provided that the Press Registrar General or the officer
so authorised, may, for undertaking the desk audit, seek such information or
documents as may be considered necessary, through electronic mode and the
publisher shall provide such information or documents electronically: Provided further that the desk audit shall be undertaken
in a faceless manner where there is no physical interface between the publisher
and the Press Registrar General or the officer authorised for undertaking the
desk audit. Explanation: For the purpose of undertaking desk audit
under sub-rule (2), the latest annual statement shall be the annual statement
of the periodical furnished for the immediately preceding financial year or the
year immediately before that, whichever is latest. (3)
The Press Registrar General may undertake verification of the
circulation of a periodical by way of physical inspection of the documents and
other information and records at the business premises of the publisher and the
printing press only under the following situations, namely: (a)
where the publisher is not regularly furnishing the annual statement as
required under section 12; (b)
where the desk audit undertaken under sub-rule (2) recommends such
physical verification due to exceptional circumstances, and the Press Registrar
General is satisfied with such recommendations; (c)
where, in the opinion of the Press Registrar General, and for reasons to
be recorded in writing, such verification is necessary, having regard to any
information, reference or complaint received by him in respect of that
periodical.Press And
Registration Of Periodicals Rules, 2024