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PRESS AND REGISTRATION OF BOOKS ACT, 1867

Read full Act
S.1 Interpretation-clause

       [(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 [***]
       
       [***];
       
       ["editor" means the person who controls the selection of the matter that is published in a newspaper;]
       
       [***]
       
       "Magistrate" means any person exercising the full powers of a Magistrate, and includes a Magistrate of police [***];
      &nbs

S.2 Repeal of Act 11 of 1835

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


S.3 Particulars to be printed on books and papers

       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 publisher, and the place of publication.
       --------------------------
        1. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.
        2. Ins. by Act 12 of 1891, sec. 2 and Sch. II, Pt. I.


S.4 Keeper of printing press to make declaration

       1[(1)] No person shall within 2[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 2[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.
       3[(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

Legal Comments

S.5 Rules as to publication of newspapers

       No 1[newspaper] shall be published in 2[India], except in conformity with the rules hereinafter laid down:
       3[(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.]
       4[(2)] The printer and the publisher of every such 5[newspaper] shall appear 1[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 6[***] 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 5[news

S.5(a) Keepers of printing presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period

       (1) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, S. 1989 (Jammu and Kashmir Act, No. I of S. 1989) shall keep the press in his possession for the printing of books or papers 2[after the 31st day of December, 1968, unless before the expiry of that date] he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.
       (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 (Jammu and Kashmir Act, No. 1 of S. 1989) shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration 2[after the 31st day of December, 1968 unless before the expiry of that date] he makes and subscribes a fresh declaration in respect

S.6 Authentication of declaration

       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:
       1[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 2[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

S.7 Office copy of declaration to be prima facie evidence

       In any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some Court empowered by this Act to have the custody of such declarations, 1[or, in the case of the 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 suficient evidence, as against the person whose name shall be subscribed to such declaration, 1[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 2[newspaper] whereof the title shall correspond with the title of the 2[newspaper] mentioned in the declaration, 5[or the editor of every portion of that issue of the newspaper of which a copy is produced].
       

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

       1[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 decl

S.8(a) Person whose name has been incorrectly published as editor may make a declaration before a Magistrate

       If any person, whose name has appeared as editor on a copy of a newspaper, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a District, Presidency or Sub-Divisional Magistrate and make a declaration that his name was 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 appe

S.8(b) Cancellation of declaration

       If, on an application made to him by the Press Registrar or any other person or otherwise, the Magistrate empowered to authenticate a declaration under this Act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that—
       (i) the newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this Act or rules made thereunder; or
       (ii) the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either

S.8(c) Appeal

       (1) Any person aggrieved by an order of a Magistrate refusing to authenticate a declaration under section 6 or cancelling a declaration under section 8B may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the Appellate Board to be called the Press and Registration Appellate Board 1[consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978 (37 of 1978), from among its members]:
       Provided that the Appellate Board may entertain an appeal after the expiry of the 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 an

S.9 Copies of books printed after commencement of Act to be delivered gratis to Government

       Printed 1[***] copies of the whole of every book which shall be printed 1[***] in 2[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

S.10 Receipt for copies delivered under section 9

       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 therefor.foregoing section shall give to the printer a receipt in writing therefor."


S.11 Disposal of copies delivered under section 9

       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 1[transmitted to the Central Government].
        
       ----------------------------------
        1. Subs. by the A.O. 1948, for certain words.


S.11(a) Copies of newspapers printed in India to be delivered gratis to Government

       The printer of every newspaper in 2[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.]
        
       ----------------------------------
        1. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
        2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States”.


S.11(b) Copies of newspapers to be delivered to Press Registrar

       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.]
        
       ----------------------------------
        1. Ins. by Act 55 of 1955, sec. 10 (w.e.f. 1-7-1956).


S.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 1[two thousand] rupees, or by simple imprisonment for a term not exceeding 2[six months], or by both.
       ----------------------------------
        1. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
        2. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.


S.13 Penalty for keeping press without making declaration required by section 4

       Whoever shall keep in his possession any such press as aforesaid. 1[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 2[two thousand] rupees, or by simple imprisonment for a term not exceeding 3[six months] or by both.
        
       ----------------------------------
        1. Subs. by Act 55 of 1955, sec. 11, for “without making such a declaration as is required by section 4 of this Act” (w.e.f. 1-7-1956).
        2. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
        3. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.


S.14 Punishment for making false statement

       Any person who shall, in making 3[any declaration 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 1[two thousand] rupees, and imprisonment for a term not exceeding 2[six months].
        
       ------------------------
        1. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “five thousand”.
        2. Subs. by Act 14 of 1922, sec. 3 and Sch. I, for “two years”.
        3. Subs. by Act 55 of 1955, sec. 12, for “any declaration” (w.e.f. 1-7-1956).


S.15 Penalty for printing or publishing newspaper without conforming to rules

       1[(1)] Whoever shall 2[edit], print or publish any 3[newspaper], without conforming to the rules hereinbefore laid down, or whoever shall 2[edit], print or publish, or shall cause to be 2[edited], printed or published, any 4[newspaper], knowing that the said rules have not been observed with respect to 5[that newspaper], shall, on conviction before a Magistrate, be punished with fine not exceeding 6[two thousand] rupees, or imprisonment for a term not exceeding 7[six months] or both.
       8[(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.]
        
       ————————
        1. Section 15 re-numbered

S.15(a) Penalty for failure to make a declaration under section 8

       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 8, he shall, on conviction before a Magistrate, be punishable by fine not exceeding two hundred rupees.]
        
       ————————
        1. Ins. by Act 55 of 1955, sec. 13 (w.e.f. 1-7-1956).


S.16 Penalty for not delivering books or not supplying printer with maps

       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 matter prescribed in the second paragraph of section 9 of this Act with the maps, prints or engravings which ma

S.16(a) Penalty for failure to supply copies of newspapers gratis to Government

       If any printer of any newspaper published in 2[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.]
        
       ————————
        1. Ins. by Act 14 of 1922, sec. 3 and Sch. I.
        2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).


S.16(b) Penalty for failure to supply copies of newspapers to Press Registrar

       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.]
        
       ————————
        1. Ins. by Act 55 of 1955, sec. 14 (w.e.f. 1-7-1956).


S.17 Recovery of forfeitures and disposal thereof and of fines

       Any sum forfeited to the Government under 2[section 16] may be recovered, under the warrant of the Magistrate determining the sum, or of his successor in office, in the manner authorised by the Code of Criminal Procedure (10 of 1882)3 for the time being in force, and within the period prescribed by the Indian Penal Code (45 of 1860), for the levy of a fine.
       4[***]
        
       ————————
        1. Subs. by Act 10 of 1890, sec. 5, for section 17.
        2. Subs. by Act 11 of 1923, sec. 2 and Sch. I, for “the last foregoing section”.
        3. See Now the Code of Criminal Procedure, 1973 (2 of 1974).
        4. The second paragraph rep. by the

S.18 Registration of memoranda 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 1[India], wherein shall be registered a memorandum of every book which shall have been delivered 2[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;
      &n

S.19 Publication of memoranda registered

       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 1[***] to the Central Government 2[***].
        
       ————————
        1. The words “to the said Secretary of State, and” rep. by the A.O. 1948.
        2. The word “respectively” omitted by the A.O. 1948.


S.19(a) Appointment of Press Registrar and other officers

       The Central Government may appoint a Registrar of newspapers for India and such other officers under the general superintendence 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.
       ————————
        * Section 19A ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.19(b) Register of newspapers

       (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)

S.19(c) Certificates of registration

       On receiving from the Magistrate under section 6 a copy of the declaration in respect of a newspaper 1[and on the publication of such newspaper, the Press Registrar shall], as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof.
        
       ————————
        * Section 19C ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).
        1. Subs. by Act 26 of 1960, sec. 6, for certain words (w.e.f. 1-10-1960).


S.19(d) Annual statement, etc., to be furnished by newspapers

       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.
       ———————
        * Section 19D ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.19(e) Returns and reports to be furnished by newspapers

       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.
       ————————
        * Section 19E ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.19(f) Right of access to records and documents

       The Press Registrar or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the collection of any information relating to a 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.
       ————————
        * Section 19F ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.19(g) Annual report

       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.
       ————————
        * Section 19G ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.19(h) Furnishing of copies of extracts from Register

       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.
        
       ————————
        * Section 19H ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.19(i) Delegation of powers

       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.
       ————————
        * Section 19-I ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).
        


S.19(j) Press Registrar and other officers to be public servants

       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).
        
       ————————
        * Section 19J ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.19(k) Penalty for contravention of section 19D or section 19E, etc

       If the publisher of any newspaper—
        (a) refuses or neglects to comply with the provisions of section 19D or section 19E; or
        1[***]
        (c) publishers 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.
        
       ————————
        * Section 19K ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).
        1. C1ause (b) omitted by Act 26 of 1960, sec. 7 (w.e.f. 1-10-1960).


S.19(l) Penalty for improper disclosure of information

       If any person engaged in connection with the collection of information under this Act wilfully discloses any information or the contents of any return given or furnished under this Act otherwise than in the execution of his duties under this Act or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
        
       ————————
        * Section 19L ins. by Act 55 of 1955, sec. 16 (w.e.f. 1-7-1956).


S.20 Power of State Government to make rules

       (1) The State Government may, by notification in the Official Gazette, 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.
       (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.]
        
       ————————
        1. Subs. by Act 20 of 1983, sec. 2 and Sch., for section 20 (w.e.f. 15-3-1984).


S.20(a) Power of Central Government to make rules

       (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; 2[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 on every copy of such newspaper];
        3[(b) 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 11B;
 

S.20(b) Rules made under this Act may provide that contravention thereof shall be punishable

       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.]
        
       ————————
        1. Ins. by Act 26 of 1960, sec. 9 (w.e.f. 1-10-1960).


S.21 Power to exclude any class of books from operation of Act

       1[The State Government may, by notification in the Official Gazette], exclude any class of books 2[or papers] from the operation of the whole or any part or parts of this Act:
       3[Provided that no such notification in respect of any class of newspapers shall be issued without consulting the Central Government.]
        
       ————————
        1. Subs. by the A.O. 1937, for certain words.
        2. Ins. by Act 11 of 1915, sec.2 and Sch. I.
        3. Ins. by Act 26 of 1960, sec. 10 (w.e.f. 1-10-1960).


S.22 Extent

       This Act extends to the whole of India 2[***].]
        
       ————————
        1. Ins. by Act 55 of 1955, sec. 19 (w.e.f. 1-7-1956). Earlier section 22 was repealed by Act 10 of 1890, sec. 7.
        2. The words “except the State of Jammu and Kashmir” omitted by Act 16 of 1965, sec. 4 (w.e.f. 1-11-1965).


S.23 Commencement of Act

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


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