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PRB ACT 1867 RPP BILL 2019

Important Definitions: Important Definitions:

1. Book- “Book" includes every volume, part or 1. Not Defined.


division of a volume, and pamphlet, in any
language, and every sheet of music, map,
chart or plan separately printed1

2. Editor- "editor" means the person who 2. CL. 2(c) “Editor” of a periodical means an
controls the selection of the manner that is individual, whether called editor, chief editor,
published in a newspaper group editor or editor-in-chief or by any other
name called, being a citizen of India and is
ordinarily resident in India responsible for the
selection and finalization of the content of a
periodical;

3. Press Registrar- "Press Registrar" means the 3. Press Registrar General- “Press Registrar
Registrar of newspapers for India appointed General” means the Press Registrar General of
by the Central Government under section 19A India, appointed by the Central Government
and includes any other person appointed by under Section 4 of the said Act. (Clause 2q)
the Central Government to perform all or any
of the functions of the Press Registrar.
4. Not Specifically Defined.
4. Paper- "paper" means any document,
including a newspaper, other than a book.

5. Newspaper- "newspaper" means any printed 5. Newspaper- “Newspaper” means a periodical of


periodical work containing public news or loosely-folded sheets usually printed on
comments on public news. newsprint and brought out daily or at least once
in a week, containing information on current
events, public news or comments on public news.
Cl. 2(l)

6. Magistrate- "Magistrate" means any 'person 6. CL. 2 (w) “specified authority” means a District
exercising the full powers of a Magistrate, and Magistrate or Collector or Deputy Commissioner
includes a Magistrate of police of a district, as the case may be, or any other
executive magistrate or an officer exercising the
powers of an Executive Magistrate authorised in
writing by the District Magistrate or Collector or
Deputy Commissioner of a District or by the
State Government or Union territory
Administration
7. Prescribed- "prescribed" means prescribed, by
rules made by the Central Government under
section 20A. 7. Prescribed- CL. 2(o) Definition modified-
“prescribed” means prescribed by rules made
8. Printing- "printing" includes cyclostyling and
1
The words "or lithographed" omitted by Act 55 of 1955, s. 4 (w.e.f. 1-7-1956)
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printing by lithography. under this Act

9. Register- “Register" means the Register of 8. CL. 2 (r) “printing” means reproduction of a
newspapers maintained under section 19B. periodical through any technology involving
mass production of copies but does not include
photocopying;
10. Not defined 9. CL. 2 (v) “Register” means the register of
periodicals maintained under Sub-Section 2 of
Section 4 of this Act;

11. Not defined


10. CL.2(n) “Periodical” means any publication
including newspaper, which is published and
printed at regular intervals and contain write-ups
on general or specialized subjects.

11. News on Digital Media Cl. 2 (k)- News in


12. Not defined digitized format that can be transmitted over the
internet, computer or mobile networks and
includes text, audio, video and graphics.

13. Not defined


12. Publish Cl. 2 (t)- Means the process of making a
work available to the public in the form of
issuing copies.

13. Magazine Cl. 2 (i) means a periodical


publication, other than a journal, containing
14. Not defined comments or write-ups on general subjects,
including public news or comments on public
new

PART II 14. Publication CL. 2 (s) means anything which is


printed on paper and is meant for public
PRINTING-PRESSES AND NEWSPAPERS distribution including periodicals, newspapers &
books.
CL. 3, Every book or paper printed within 1
[India] shall have printed legibly on it the name of
the printer and the place of printing, and (if the
book or paper be published) 2 [the name] of the
PART II
publisher, and the place of publication.

DECLARATION: PRINTING PRESSES AND PUBLICATIONS

Keepers of printing-press to make declaration


INTIMATION:
Sec. 4. (1) No person shall, within India, keep in
his possession any press for the printing of books Printer to furnish an intimation
or papers, who shall not have made and
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subscribed the following declaration before the 3. (1) Any person or the keeper possessing a printing
District, Presidency or Sub-divisional Magistrate press for printing of any kind of publication shall
within whose local jurisdiction such press may be: furnish an intimation before the Specified Authority
within whose local jurisdiction such press may be, in
I, A. B., declare that I have a press for printing at such manner and setting forth
—". And this last bank shall be filled up with a such particulars as may be prescribed.
true a precise description of the place where such
press may be situated. (2) The person referred to in sub-section (1) shall
submit any information/document relating
(2) As often as the place where a press is kept is to the intimation as may be required by the specified
changed, a new declaration shall be necessary: authority.
Provided that where the change is for a period not
exceeding sixty days and the place where the (3) Printer to file an Annual Statement: - Any person
press is kept after the change is within the local or the keeper possessing a printing 7 press for printing
jurisdiction of the Magistrate referred to in sub- of any periodical including newspaper, shall submit to
section (I), no new declaration shall be necessary the Press Registrar General an Annual Statement by
if— (a) a statement relating to the change is the 30th April of every year regarding printing of such
furnished to the said Magistrate within twenty- periodicals, containing such particulars and in such
four hours thereof; and manner as may be prescribed.
(b) the keeper of the press continues to be the
same. Sec. 4 A person, being an entity incorporated and
registered in India under any law for the
time being in force, or a citizen of India, may bring
out a publication;

Provided that no person who has been convicted by


any court for an offence-
(i) Involving terrorist act or unlawful activity;
(ii) For having done anything against the security of
the State,
shall bring out a publication.

Explanation: For the purpose of this Section, the


expression “terrorist act” or “unlawful
activity” shall have the meanings respectively
assigned to them in clauses (k) and (o) of
sub-section (1) of Section 2 of the Unlawful Activities
PARTICULARS TO BE PRINTED ON
(Prevention) Act, 1967
BOOKS AND PAPERS

CL. 3, Every book or paper printed within 1


[India] shall have printed legibly on it the name of
the printer and the place of printing, and (if the PARTICULARS TO BE PRINTED ON BOOKS
book or paper be published) 2 [the name] of the AND PAPERS
publisher, and the place of publication

No provision for print line in the newspaper. In


absence of print line, it shall be difficult for the
general public to ascertain the person against whom
the complaint is to be made w.r.t. contraventions etc.
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Rules as to publication of newspapers

CL. 5, No [newspaper] shall be published in 1


[India], expect in conformity with the rules
hereinafter laid down: CL. 5 OF RPP 2019- AUTHORITIES
[(1) Without prejudice to the provisions of section
3, every copy of every such newspaper shall (1) Appointment of Press Registrar General and other
contain the names of the owner and editor thereof officers: The Central Government may appoint Press
printed clearly on such copy and also the date of Registrar General of India and such other officers
its publication.] under the general superintendence and control of the
Press Registrar General as may be necessary for the
[(2)] The printer and the publisher of every such 9 purpose of performing the functions assigned to them
[newspaper] shall appear 6 [in person or by agent by or under this Act and may, by general or special
authorised in this behalf in accordance with rules order, provide for the distribution or allocation of
made under section 20, before a District, functions to be performed by them under this Act.
Presidency or Sub-divisional Magistrate within
whose local jurisdiction such newspaper shall be (2) In particular, and without prejudice to the
printed or published 10 * * *], and shall make and generality of the foregoing provisions, the
subscribe, in duplicate, the following declaration: Press Registrar General shall perform the following
functions, namely –
"I, A B., declare, that I am the printer (or
publisher, or printer and publisher) of the 9 (i) Issue a Certificate of Registration to a Publication;
[newspaper] entitled —————— 11 [ and to be (ii) Maintain a register of registered newspapers and
printed or published, or to be printed and periodicals;
published]. as the case may be at —————". (iii) Frame guidelines for admissibility and
availability of title of a periodical;
And the last bank in this form of declaration shall (iv) Levy fees, as applicable, with regard to
be filled up with a true and precise account of the applications received by it under the Act;
premises where the printing or publication is (v) Receive funds from the Central Government and
conducted. disburse the same for implementation
of the Act;
[(2A) Every declaration under rule (2) shall
(vi) Any function incidental to or connected with
specify the title of the newspaper, the language in
clauses (i) to (v); and
which it is to be published and the periodicity of
(vii) Any other function as may be assigned to it by
its publication and shall contain such other
the Central Government consistent
particulars as may be prescribed.]
with the provisions of the Act.
[(2B) Where the printer or publisher of a
newspaper making a declaration under rule (2) is (3) The Press Registrar General in exercise of his
not the owner thereof, the declaration shall functions under the Act shall have the
specify the name of the owner and shall also be following powers, namely –
accompanied by an authority in writing from the (i) To obtain Annual Statements from a printer and a
owner authorising such person to make and periodical;
subscribe such declaration. (ii) To verify the circulation figure of a newspaper;
(iii) To revise, revoke or suspend registration of a
(2C) A declaration in respect of a newspaper made periodical
under rule (2) and authenticated under section 6 (iv) to requisition the services of an officer and such
shall be necessary before the newspaper can be other person as may be specified by him for
published. undertaking verification of circulation figure of a
newspaper or for any other function under the Act;
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(2D) Where the title of any newspaper or its (v) to call for records, documents and such other
language or the periodicity of its publication is information from a publication as may be required in
changed, the declaration shall cease to have effect discharge of his function.
and a new declaration shall be necessary before (vi) to have access to any relevant record or document
the publication of the newspaper can be relating to a periodical in the possession of the
continued. publisher or printer thereof, and may enter at any
reasonable time any premise where he believes such
(2E) As often as the ownership of a newspaper ‘is record or document to be and where the periodical is
changed, a new declaration shall be necessary.] being printed and may inspect or take copies of the
relevant records or documents or ask any =question
[(3) As often as the place of printing or necessary for obtaining any information required to be
publication is changed, a new declaration shall be furnished under this Act.
necessary:

[Provided that where the change is for a period (vii) to impose fine and penalty.
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 same.]

(b) the printer or publisher or the printer and


publisher of the newspaper continues to be the

[(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.]

[(5) Every declaration made in respect of a


newspaper shall be void, where the newspaper
does not commence publication— (a) within six
weeks [of the authentication of the declaration
under section 6], in the case of newspaper to be
published once a week or oftener and (b) within
three months [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, bi-weekly, weekly or fortnightly
newspaper publishes issues the number of which
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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:]

REGISTRATION OF NEWSPAPER

19A. The Central Government may appoint a REGISTRATION OF PERIODICALS


Registrar of newspapers for India and such
officers under the general superintendence and CL. 6(1) A periodical shall be printed or published in
control of the Press Registrar as may be necessary India only in accordance with the manner laid down
for the purpose of performing the functions hereunder;
assigned to them by or under this Act, and may by (2) Every owner of a periodical, whether free or paid,
general or special order, provide for the shall obtain a certificate of registration from the Press
distribution or allocation of functions to be Registrar General by making an application in such
performed by them under this Act. manner, by furnishing such documents, setting forth
such particulars and payment of such fee as may be
prescribed;
(3); The application under sub section (2) shall also
CL. 6 OF PRB ACT - Authentication of
contain the title which the owner of periodical intends
declaration
to assign to the periodical, and for that purpose the
Each of the two originals of every declaration so owner may suggest one or more names for the title, in
made and subscribed as is aforesaid, shall be an order of preference, which is not the same or
authenticated by the signature and official seal of similar to a title already held by any other periodical
the Magistrate before whom the said declaration either in the same language anywhere in India or in
shall have been made: any other language in the same State, and which
conforms to the guidelines framed for this purpose by
Deposit One of the said originals shall be the Press Registrar General from time to time;
deposited among the records of the office of the (4) A copy of the application for registration shall be
Magistrate, and the other shall be deposited forwarded by the Press Registrar General to the
among the records of the High Court of specified authority, within whose local jurisdiction the
Judicature, or [other principal Civil Court of publisher is, calling for his no-objection or otherwise
original jurisdiction for the place where] the said for registration of the said periodical by the said
declaration shall have been made. publisher, to be provided by the specified authority
within 60 days.
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(5) The Press Registrar General shall, upon receipt of


application from the owner of the periodical for
Inspection and supply of copies- The Officer-in- issuance of certificate of registration, satisfy himself
charge of each original shall allow any person to regarding its correctness and completeness and after
inspect that original on payment of a fee of one taking into account the comments, if any, received
rupee, and shall give to any person applying a from the specified authority under whose jurisdiction
copy of the said declaration, attested by the seal of the periodical is to be published and the guidelines
the Court which has the custody of the original, relating to admissibility of titles and issue a Certificate
on payment of a fee of two rupees. of Registration along with the title of the periodical,
preferably within a period of 60 days of such
application; Provided that the Press Registrar General
may, for reasons to be recorded in writing, refuse to
grant Certificate of Registration. Provided further that
no such refusal shall be made unless an opportunity of
being heard has been provided to the owner of the
periodical.
(6) The owner of the periodical shall, on receipt of the
certificate of registration, commence publication of
the periodical within three months of such receipt.
Provided that if the owner of the periodical fails to
publish the periodical within 12 months from the end
of the month in which the certificate of registration
was granted, the Press Registrar General may cancel
the certificate and withdraw the title.

Annual Statement

19D. It shall be the duty of the publisher of every


newspaper—
Anual Statement
(a) to furnish to the Press Registrar an annual
statement in respect of the newspaper at such time CL.12, Annual statement to be furnished by publisher
and containing such of the particulars referred to or owner:
in sub-section (2) of section 19B as may be (1) The publisher of a periodical shall furnish to the
prescribed; Press Registrar General an annual statement in respect
of the periodical, at such time and containing such
(b) to publish in the newspaper at such times and particulars as may be prescribed;
such of the particulars relating to the newspaper (2) If the publisher fails to comply with provision of
referred to in sub-section (2) of section 19B as Section 12 (1), he shall be charged with
may be specified in this behalf by the Press fine which may extend to ten thousand rupees, along
Registrar. with mandatory submission of annual
statement for the defaulted year/s and is also liable for
CL. 12 OF PRB ACT (talks about PENALTIES suspension/cancellation of
which are mentioned later) registration.
(3) If the publisher or owner in the absence of the
publisher furnishes any false particulars or
details in the annual statement submitted under
provision of Section 11 (1), he shall be
punishable with fine which may extend to fifty
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thousand rupees,
Provided that no order for imposition of penalty shall
be passed without providing an opportunity of being
heard of the publication.

Annual Report
Annual Report
19G. The Press Registrar shall prepare, in such
form and at such time each year as may be CL. 13, The Press Registrar General shall prepare and
prescribed, an annual report containing a publish an annual report containing information in
summary of the information obtained by him respect of the periodicals in India in such form and at
during the previous year in respect of the such time as may be prescribed.
newspapers in India and giving an account of the
working of such newspapers, and copies thereof
shall be forwarded to the Central Government.

Cancellation of declaration
Cancellation or suspension of Registration
8B. If, on application made to him by the Press
Registrar or any other person or otherwise, the CL. 11, The Press Registrar General may, on the
Magistrate empowered to authenticate a basis of information received from the Government or
declaration under this Act, is of opinion that any its organization, or on the
declaration made in respect of a newspaper should recommendations of the Press Council of India or the
be cancelled, he may, after giving the person specified authority, or obtained by it,
concerned an opportunity of showing cause may suspend or cancel the Certificate of Registration
against the action proposed to be taken, hold an if he is satisfied that:
(a) the periodical is being published in contravention
inquiry into the matter and if, after considering the
cause, if any, shown by such person and after of the provisions of this Act or rules
giving him an opportunity of being heard, he is made there under;
satisfied that— (b) the registration was obtained on false
representation or on the concealment of any
(i) the newspaper, in respect of which the material fact;
declaration has been made is being (c) the periodical mentioned in the Certificate of
published in contravention of the Registration bears a title, which is the same or similar
provisions of this Act or rules made to that of any other periodical, published either in the
thereunder; or same language or in the same state;
(ii) the newspaper mentioned in the (d) the periodical has stopped publishing for a period
declaration bears a title which is the exceeding twelve months from the date of last
same as, or similar to, that of any published issue;
other newspaper published either in (e) The periodical of any periodicity has published
the same language or in the same issues less than three-fourth of what should have been
State; or published in accordance with the application made in
(iii) the printer or publisher has ceased to respect thereof.
be the printer or publisher of the (f) the Publisher has given any wrong or false
newspaper mentioned in such particulars in his Application for Registration or
declaration; or Annual Statement;
(iv) the declaration was made on false (g) The publisher has failed to furnish the annual
representation or on the concealment statement within twelve months of the end of a
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of any material fact or in respect of a financial year.


periodical work which is not a (h) The publisher has been convicted by any court for
newspaper. the Magistrate may, by an offence-
order, cancel the declaration and shall (i) Involving terrorist act or unlawful activity;
forward as soon as possible a copy of (ii) For having done anything against the security
the order to the person making or of the State,
subscribing the declaration and also
to the Press Registrar Provided that no order for cancellation or suspension
of Certificate of Registration may be passed unless an
opportunity has been granted to the publisher.

(2) A copy of order of cancellation passed under this


Section shall be made available to the appropriate
Government and the Specified Authority for their
records;

CL. 11, PRB ACT (Disposal of copies delivered


under section 9) REGISTRATION OF PUBLISHERS OF NEWS
ON DIGITAL MEDIA
The copy delivered pursuant to clause (a) of the
first paragraph of section 9 of this Act shall be
CL. 18, The publishers of news on Digital Media shall
disposed of as the State Government shall from
register themselves with the Registrar of Newspapers
time to time determine.
of India in such manner and giving such particulars as
Any copy or copies delivered pursuant to clause may be prescribed.
(b) of the said paragraph shall be [transmitted to
the Central Government.]

Copies of newspapers printed in India to be


delivered graties to Government

11A. 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.]

Copies of newspapers to be delivered Press


Registrar

[11B. 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.]
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PENALTIES
PENALTIES
 Penalty for printing contrary to rule in
section CL. 14, Penalty for printing or publishing periodical
without conforming to provisions of Act: Whoever
CL. 12, Whoever shall print or publish any book owns, prints, publishes or edits any periodical without
or paper otherwise than in conformity with the conforming to the provisions of Section 5, Section 6
rule contained in section 3 of this Act, shall, on and Section 7 of this Act and rules made thereunder,
conviction before a Magistrate, be punishable by or causes to be owned, printed, published or edited
fine not exceeding [two thousand] rupees, or by any periodical knowing that the provisions of Section
simple imprisonment for a term not exceeding 8 5, Section 6 and Section 7 of this Act or the rules
[six months], or by both. made there under have not been complied with, shall
be punishable with a fine which may extend to fifty
 Penalty for keeping press without making thousand rupees, and the periodical may also be liable
declaration required by section 4 for cancellation of Registration.
CL. 13, Whoever shall keep in his possession any CL. 15, Penalty for non-compliance of provisions
such press as aforesaid, 9 [ in contravention of regarding Printing Press: (1) Noncompliance in terms
any of the provisions contained in section 4 of this of provisions of Section 3 for starting a printing press
Act], shall, on conviction before a Magistrate, be without furnishing an intimation or by furnishing false
punished by fine not exceeding [two thousand] particulars in the intimation or for not furnishing
rupees, or by simple imprisonment for a term not information called for by the specified authority shall
exceeding 8 [six months] or by both. invite such fine and penal action as may be considered
appropriate by the specified authority concerned.
 Punishment for making false statement

CL. 14, Any person who shall, in making 1 [any (b) Noncompliance in terms of provisions of Section
declaration or other statement] under the authority 3(3) for not filing annual statement by the printer or
of this Act, make a statement which is false, and the keeper shall attract a fine upto fifty thousand
which he either knows or believes to be false, or rupees and recommendation to the specified authority
does not believe to be true, shall, on conviction for taking appropriate penal action.
before a Magistrate, be punished by fine not
exceeding [two thousand] rupees, and
imprisonment for a term not exceeding [six
months]

 Penalty for printing or publishing


newspaper without conforming to rules

CL. 15,[(1)] Whoever shall [edit], print or publish


any [newspaper], without conforming to the rules
hereinbefore laid down, or whoever shall [edit],
print or publish, or shall cause to be [edited],
printed or published, any [newspaper], knowing
that the said rules have not been observed with
respect to [that newspaper], shall on conviction
before a Magistrate, be punished with fine not
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exceeding [two thousand] rupees, or


imprisonment for a term not exceeding [ six
months] or both. [(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.

 Penalty for failure to make a declaration


under section 8

CL15A. If any person who has ceased to be a


printer or publisher of any, newspaper fails or
neglects to make a declaration in compliance with
section, he shall, on conviction before a
Magistrate, be punishable by fine not exceeding
two hundred rupees.

 Penalty for not delivering books or not


supplying printer with map

CL. 16, If any printer of any such book as is


referred to in section 9 of this Act shall neglect to
deliver copies of the same pursuant to that section,
he shall for every such default forfeit to the
Government such sum not exceeding fifty rupees
as a Magistrate having jurisdiction in the place
where the book was printed may, on the
application of the officer to whom the copies
should have been delivered or of any person
authorised by that officer in this behalf, determine
to be in the circumstances a reasonable penalty for
the default, and, in addition to such sum, such
further sum as the Magistrate may determine to be
the value of the copies which the printer ought to
have delivered.

If any publisher or other person employing any


such printer shall neglect to supply him, in the
manner prescribed in the second paragraph of
section 9 of this Act with the maps, prints or
engravings which may be necessary to enable him
to comply with the provisions of that sections,
such publisher or other person shall for every such
default forfeit to the Government such sum not
exceeding fifty rupees as such a Magistrate as
aforesaid may, on such an application as
aforesaid, determine to be in the circumstances a
reasonable penalty for the default, and, in addition
to such sum, such further sum as the Magistrate
may determine to be the value of the maps, prints
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or engravings which such publisher or other


person ought to have supplied.

 Penalty for failure to supply copies of


newspapers gratis to Government

CL. 16A, if any printer of any newspaper


published in [India] neglects to deliver copies of
the same in compliance with section 11A, he
shall, on the complaint of the officer to whom
copies should have been delivered or of any
person authorised by that officer in this behalf, be
punishable, on conviction by a Magistrate having
jurisdiction in the place where the newspaper was
printed, with fine which may extend to fifty
rupees for every default.

 Penalty for failure to supply copies of


newspapers to Press Registrar

CL. 16B, If any publisher of any newspaper


published in India neglects to deliver copies of the
same in compliance with section 11B, he shall, on
the complaint of the Press Registrar, be
punishable, on conviction by a Magistrate having
jurisdiction in the place where the newspaper was
printed, by fine which may extend to fifty rupees
for every default.

APPEAL
APPEAL

CL. 8C, (1) Any person aggrieved by an order of 16 (1) There shall be an Appellate Board to be called
a Magistrate refusing to authenticate a declaration the Press and Registration Appellate Board consisting
under section 6 or cancelling a declaration under of Chairman, Press Council of India and one member
section 8B may, within sixty days from the date to be nominated by the Press Council of India, from
on which such order is communicated to him, among its members.
prefer an appeal to the Appellate Board to be
called the Press and Registration Appellate Board (2) Any person aggrieved by an order of the Press
consisting of a chairman and another member to Registrar General with regard to refusal of registration
be appointed by the Central Government; under sub-section (5) of Section 6, or cancellation or
suspension of registration under Section11, or
Provided that the Appellate Board may entertain imposition of penalty and orders of
an appeal after the expiry of the said period, if it is suspension/cancellation of registration under
satisfied that the appellant was prevented by Section14, may, within sixty days from the date on
sufficient cause from preferring the appeal in which such order is communicated to him, prefer an
time. appeal to the Appellate Board. Provided that the
Appellate Board may entertain an appeal after the
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(2) On receipt of an appeal under this section, the expiry of the said period, if it is satisfied that the
Appellate Board may, after calling for the appellant was prevented by sufficient cause from
preferring the appeal on time.
records from the Magistrate and after making such
further inquiries as it thinks fit, confirm, modify
or

set aside the order appealed against. (3) On receipt of an appeal under this section, the
(3) Subject to the provisions contained in sub- Appellate Board may, after calling for the records and
section (2), the Appellate Board may, by order, after making such further inquiries as it deems fit,
regulate its practice and procedure. confirm, modify or set aside the order appealed
against.
(4) The decision of the Appellate Board shall be
final. (4) The decision of the Appellate Board shall be final

Registration of Publishers of News on Digital


Media:

Not Provided. Cl. 18- The publisher of news on Digital Media shall
register themselves with the Registrar of Newspapers
of India in such manner and giving such particulars as
may be prescribed.

Provided that where a publisher of a periodical has a


certification of registration under section 6, separate
registration under this section will not be necessary.

Comments: The Clause requires publishers of news on


digital media to register themselves with the registrar
of Newspapers of India (RNI). The RNI has not been
detailed or defined under the RPP Bill.
Also, the term ‘Digital Media’ has not been defined
under the Bill.

Appointment of Press Registrar General and other


Appointment of Press Registrar and other Officers:
officers:

CL. 5 (1) The Central Government may appoint Press


Registrar General of India and such other officers
CL. 19A. The Central Government may appoint a under the general superintendence and control of the
Registrar of newspapers for India and such Press Registrar General as may be necessary for the
officers under the general superintendence and purpose of performing the functions assigned to them
control of the Press Registrar as may be necessary by or under this Act and may, by general or special
for the purpose of performing the functions order, provide for the distribution or allocation of
assigned to them by or under this Act, and may by functions to be performed by them under this Act.
general or special order, provide for the
distribution or allocation of functions to be
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performed by them under this Act.

Powers & Functions of Press Registrar:


Powers & Functions of Press Registrar:

CL. 5 (2) In particular, and without prejudice to the


19B. (1) The press Registrar shall maintain in the generality of the foregoing provisions, the
prescribed manner a Register of newspapers. (2) Press Registrar General shall perform the following
The Register shall, as far as may be practicable, functions, namely –
contain the following particulars about every (i) Issue a Certificate of Registration to a Publication;
newspaper published in India, namely:— (a) the (ii) Maintain a register of registered newspapers and
title of the newspaper; (b) the language in which periodicals;
the newspaper is published; (c) periodicity of the (iii) Frame guidelines for admissibility and
publication of the newspaper; (d) the name of the availability of title of a periodical;
editor, printer and publisher of the newspaper; (e) (iv) Levy fees, as applicable, with regard to
the place of printing and publication; (f) the applications received by it under the Act;
average number of pages per week; (g) the (v) Receive funds from the Central Government and
number of days of publication in the year; (h) the disburse the same for implementation
average number of copies printed, the average of the Act;
number of copies sold to the public and the (vi) Any function incidental to or connected with
average number of copies distributed free to the clauses (i) to (v); and
public, the average being calculated with (vii) Any other function as may be assigned to it by
reference to such period as may be prescribed; (i) the Central Government consistent
retail selling price per copy; (j) the names and with the provisions of the Act.
addresses of the owners of the newspaper and
such other particulars relating to ownership as (3) The Press Registrar General in exercise of his
may be prescribed. (k) any other particulars which functions under the Act shall have the
may be prescribed. (3) On receiving information following powers, namely –
from time to time about the aforesaid particulars, (i) To obtain Annual Statements from a printer and a
the Press Registrar shall cause relevant entries to periodical;
be made in the Register and may make such (ii) To verify the circulation figure of a newspaper;
necessary alterations or corrections therein as may (iii) To revise, revoke or suspend registration of a
be required for keeping the Register up-to-date. periodical
(iv) to requisition the services of an officer and such
other person as may be specified by
19C. On receiving from the Magistrate under him for undertaking verification of circulation figure
section 6 a copy of the declaration in respect of a of a newspaper or for any other
newspaper and on the publication of such function under the Act;
newspaper, the Press Registrar shall, as soon as (v) to call for records, documents and such other
practicable thereafter, issue a certificate of information from a publication as may be
registration in respect of that newspaper to the required in discharge of his function.
publisher thereof. (vi) to have access to any relevant record or document
relating to a periodical in the
possession of the publisher or printer thereof, and may
enter at any reasonable time any
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19F. The Press Registrar or any gazetted officer premise where he believes such record or document to
authorised by him in writing in this behalf shall, be and where the periodical is being
for the purpose of the collection of any printed and may inspect or take copies of the relevant
information relating to a newspaper under this records or documents or ask any
Act, have access to any relevant record or question necessary for obtaining any information
document relating to the newspaper in the required to be furnished under this Act.
possession of the publisher thereof, and may enter (vii) to impose fine and penalty.
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.

19G. The Press Registrar shall prepare, in such


form and at such time each year as may be
prescribed, an annual 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.

19H. 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.

POWER OF STATE GOVERNMENT IS NOT


SPECIFIED
Power of State Govt. to make Rules:

20. The State Government shall have power to


make such rules 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, alter and add to such rules.

CL.22, Power of Central Government to make


Power of Central Government to make rules
rules
20A. (1) The Central Government may, by
notification in the Official Gazette, makes rules— The Central Government, may, by notification in the
Official Gazette, make rules to carry out the
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(a) prescribing the particulars which a declaration provisions of this Act.


made and subscribed under section 5 may contain;
[and the form and manner in which the names of (2) In particular, and without prejudice to the
the printer, publisher, owner and editor of a generality of the foregoing provisions, such rules may
newspaper and the place of its printing and provide for all or any of the following matters,
publication may be printed on every copy of such namely: -
newspaper];
(a) the form, fees and manner of making an
[(b) prescribing the manner in which copies of
any declaration attested by the official seal of a application under Section 6;
Magistrate or copies of any order refusing to
authenticate any declaration may be forwarded to (b) the other particulars of registration of periodicals
the person making and subscribing the declaration under Section 6;
and to the Press Registrar;]
(c) the form in which a Certificate of Registration will
(c) prescribing the manner in which copies of any be issued under Section 6 (5)
newspaper may be sent to the Press Registrar
under section 11B; (d) the manner in which the register of periodicals
shall be maintained under section 5(2)
(d) prescribing the manner in which a Register
may be maintained under section 19B and the (e) Prescribing the particulars which an annual
particulars which it may contain; statement to be furnished by the publisher of a
(e) Prescribing the particulars which an annual periodical to the Press Registrar, may contain;
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 section 12, or any returns,
(f) prescribing the form and manner in which an statistics or other information under this Act, may be
annual statement under clause (a) of section 19D, furnished to the Press Registrar;
or any returns, statistics or other information
under section 19E, may be furnished to the Press (g) the manner in which circulation verification of
Registrar;
newspapers may be conducted by an authorised
(g) prescribing the fees for furnishing copies of person under Section 5(3)
extracts form the Register and the manner in
which such copies may be furnished; (h) any other matter which is required to be, or may
be, prescribed;
(h) prescribing the manner in which certificate of
registration may be issued in respect of a (3) Every rule made under this Act shall be laid as
newspaper; soon as may be after it is made before each House of
Parliament while it is in session.
(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.

[(2) Every rule made under 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 or in two successive sessions, and if
before the expiry of the session in which it is so
laid or the session immediately following both
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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.] ]

Not provided

Delegation of powers:
19I. 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.

GOVERNMENT ADVERTISEMENT AND


ACCREDITATION

CL. 17, (1) The appropriate Government may


prescribe the condition under which it may issue
NOT PROVIDED
advertisements, grant accreditation, and provide any
other benefit to the periodical or its
owners/employees;

(2) The condition referred to in sub-section (1) may


take into consideration the age of the publication, its
circulations, compliance to various provisions of this
Act, and such other criteria as it may specify.

CL. 24 (1) Repeal and saving


The Press and Registration of Books Act, 1867 is
hereby repealed. (25 of 1867.)
NOT PROVIDED
(2) Notwithstanding such repeal, -

(a) anything done or any action taken or purported to


have been done or taken including any rule,
notification, inspection, order or declaration made or
any document or instrument executed or any direction
given or any proceedings taken or any penalty or fine
imposed under the Act hereby repealed shall, in so far
as it is not inconsistent with the provisions of this Act,
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be deemed to have been done or taken under the


corresponding provisions of this Act;
(b) any declaration, including title thereof, so made
and authenticated under the provisions of the Act
hereby repealed, shall be deemed to have been made
and authenticated under the corresponding provisions
of this Act;
(c) any proceeding pending in any court at the
commencement of this Act may be continued in that
court as if this Act has not been passed;
(d) the Press Registrar General and other officers
appointed under Section 4(1) of the Act hereby
repealed and holding office as such immediately
before the commencement of this Act, shall, on the
commencement of this Act, continue to hold their
respective offices under the corresponding provisions
of this Act, unless and until they are removed or
superannuated;
(e) the Press and Registration Appellate Board
established under the Act hereby repealed shall,
continue to function under the corresponding
provisions of this Act, unless and until the Appellate
Authority is constituted under this Act;
(f) any appeal preferred to the Press and Registration
Appellate Board hereby repealed and not disposed of
before the commencement of this Act may be
disposed of by the Appellate Authority constituted
under this Act;
(g) any penalty payable under the Act hereby repealed
may be recovered in the manner provided by or under
this Act, but without prejudice to any action already
taken for the recovery of such penalty under the Act
so repealed;
(h) any certificate of registration issued or granted
under the Act hereby repealed shall continue to have
effect after the commencement of this Act under the
same conditions as if this Act had not been passed. (3)
The mention of the particular matters in sub-section
(2) shall not be held to prejudice or affect the general
application of section 6 of the General Clauses Act,
1897 with regard to the effect of repeal. (10 of 1897)
Salient features of Registration of Press and Periodicals Bill, 2019
1. The RPP Bill leaves space for concern by making major changes some of which are brought to
light through this article. It is widely attacked for vague and ambiguous definitions. “News on
digital media” means “news in digitized format that can be transmitted over the internet,
computer or mobile networks and includes text, audio, video and graphics.

2. Editors to be Indians Editor of a periodical means an individual, whether called editor, chief
editor, group editor or editor-in-chief or by any other name called, being a citizen of India and is
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ordinarily resident in India responsible for the selection and finalization of the content of a
periodical”. This provision of the draft bill makes it mandatory for the editor of the periodical to
be an Indian citizen. The current law (PRB Act) does not have such a provision. On one hand this
provision proposed will be feasible as it is difficult to hold a person of some other nationality
accountable in Indian courts, if the need be. While on the other hand the provision can be
challenged as a violation to Article 14 of the Indian Constitution. Thus, the said provision has its
own pros and cons.

3. Registration Powers with the Press Registrar General Section 5(1) under Part III of the bill
creates a provision for the appointment of the Press Registrar General by the Central
Government. The bill seeks to polarize the system of registration of the periodicals or newspapers
with the Press Registrar General according to the procedure laid down under the bill. He is also
empowered with the responsibility to revise Certificate of Registration, receive annual statements
from the owners of the periodicals, impose fines or penalties, revoke or suspend the registration
of the periodicals. However, the bill has proposed to register the publishers of the news on digital
media with the Registrar of Newspapers of India. (Section 18 under Part VIII)

4. Entities not allowed to bring out Publication The bill allows anyone who is a citizen of India to
bring out its publication, provided that such a person has not been convicted by the court for
offence involving terrorist or unlawful activity and having done anything against the security of
state.(Section 4 under Part II) While it is stated that the meanings of ‘terrorist and unlawful
activity’ shall be traced to the Section 2 of the Unlawful Activities (Prevention) Act, 1967, the
draft fails to define what shall be included under the term ‘security of state’. It thus leads to
lacunae and disagreements among the parties involved.

5. Power vested with Government the Press Registrar General shall be bound by the decision of
the Central Government in case a question of policy occurs. The Central Government will also be
immune from legal proceedings against it. It has the power to frame rules in accordance with the
provisions mentioned under Section 22 of the Registration of Press and Periodicals Bill, 2019.

6. Provision of Prosecution of Publishers to be struck down One of the important features of the
new RPP Bill, 2019 is to do away with the provision of prosecution of publishers. The present
Press and Registration of Books (PRB) Act, 1867 contains provisions under which for an offence
listed under the act, a publisher or whosoever concerned shall be punished with a fine or
imprisonment or by both on account of conviction. On the contrary the draft bill seeks to punish
the concerned only with a fine as mentioned under Part V of the said Bill. (Section 14 and section
15)

7. Appellate Board In case of grievances, an appellate board may be called by the Press Registrar
General and its decision will be considered as final. This is mentioned under Section 16 of Part
VI of the Registration of Press and Periodicals

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