PRESS COUNCIL ACT, 1978
(1) This Act may be called the Press Council Act, 1978.
(2) It extends to the whole of India.
In this Act, unless the context otherwise requires,—
(a) “Chairman” means the Chairman of the Council;
(b) “Council” means the Press Council of India established under
section 4;
(c) “member” means a member of the Council and includes its Chairman;
(d) “prescribed” means prescribed by rules made under this Act;
(e) the expressions “editor” and “newspaper” have the meanings respectively assigned to them in the Press and Registration of Books Act, 1867 (25 of 1867), and the expression “working journalist” has the meaning assigned to it in the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions
Section 2 of the Press Council Act, 1978, defines key terms used in the Act, establishing the foundational framework for the functioning of the Press Council of India. It is crucial for understanding the scope, powers, and procedural aspects of the Council's role in regulating the press and maintaining journalistic standards.
Section 2 provides definitions for terms such as "Chairman" and "Council," clarifying that:- "Chairman" refers to the Chairman of the Press Council.- "Council" refers to the Press Council of India established under the Act.These definitions set the scope for the application of the Act's provisions.
Note: The analysis is based on the provided sources and relevant legal principles, emphasizing the definitional and interpretative role of Section 2 within the Press Council Act, 1978.
Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or Sikkim shall, in relation to that State, be constructed as a reference to the corresponding law, if any inverse in that State.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Council by the name of the Press Council of India.
(2) The said Council shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.
(1) The Council shall consist of a Chairman and twenty-eight other members.
(2) The Chairman shall be a person nominated by a Committee consisting of the Chairman of the Council of States (Rajya Sabha), the Speaker of the House of the People (Lok Sabha) and a person elected by the members of the Council under sub-section (6) and the nomination so made shall take effect from the date on which it is notified by the Central Government in the Official Gazette.
(3) Of the other members—
(a) thirteen shall be nominated in accordance with such procedure as may be prescribed from among the working journalists, of whom six shall be editors of newspapers and the remaining seven shall be working journalists other than editors; so, however, that the number of such editors and working journalists othe
(1) Save as otherwise provided in this section, the Chairman and other members shall hold office for a period of three years:
Provided that the Chairman shall continue to hold such office until the Council is reconstituted in accordance with the provisions of section 5 or for a period of six months whichever is earlier.
(2) Where a person nominated as a member under clause (a), clause (b) or clause (c) of sub-section (3) of section 5 is censured under the provisions of sub-section (1) of section 14, he shall cease to be a member of the Council.
(3) The term of office of a member nominated under clause (e) of sub-section (3) of section 5 shall come to an end as soon as he ceases to be a member of the House from which he was nominated.
(4) A member sh
(1) The Chairman shall be a whole-time officer and shall be paid such salary as the Central Government may think fit; and the other members shall receive such allowances or fees for attending the meetings of the Council, as may be prescribed.
(2) Subject to the provisions of sub-section (1), the conditions of service of members shall be such as may be prescribed.
(3) It is hereby declared that the office of a member of the Council shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.
(1) For the purpose of performing its functions under this Act, the Council may constitute from among its members such Committees for general or special purposes as it may deem necessary and every Committee so constituted shall perform such functions as are assigned to it by the Council.
(2) The Council shall have the power to co-opt as members of any Committee constituted under sub-section (1) such other number of persons, not being members of the Council, as it thinks fit.
(3) Any such member shall have the right to attend any meeting of the Committee on which he is so co-opted and to take part in the discussions thereat, but shall not have the right to vote and shall not be a member for any other purpose.
The Council or any Committee thereof shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.
No act or proceeding of the Council shall be deemed to be invalid by reason merely of the existence of any vacancy in, or any defect in the constitution of, the Council.
(1) Subject to such rules as may be made by the Central Government in this behalf, the Council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act.
(2) The terms and conditions of service of the employees shall be such as may be determined by regulations.
All orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf and other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorised in like manner in this behalf.
(1) The objects of the Council shall be to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India.
(2) The Council may, in furtherance of its objects, perform the following functions, namely:—
(a) to help newspapers and news agencies to maintain their independence;
(b) to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards;
(c) to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;
(d) to encourage the growth of a sense of re
(1) Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper or news agency has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, the Council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be:
Provided that the Council may not take cognizance of a complaint if in the opinion of the Chairman, there is no sufficient grou
(1) For the purpose of performing its functions or holding any inquiry under this Act, the Council shall have the same powers throughout India as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of persons and examining them on oath;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents; and
(f) any other matter, which may be prescri
(1) The Council may, for the purpose of performing its functions under this Act, levy such fees, at such rates and in such manner, as may be prescribed, from registered newspapers and news agencies and different rates may be prescribed for different newspapers having regard to their circulation and other matters.
(2) Any fees payable to the Council under sub-section (1) may be recovered as an arrear of land revenue.
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Council by way of grants such sums of money as the Central Government may consider necessary for the performance of the functions of the Council under this Act.
(1) The Council shall have its own fund, and the fees collected by it, all such sums as may, from time to time, be paid to it by the Central Government and all grants and advances made to it by any other authority or person shall be credited to the Fund and all payments by the Council shall be made therefrom.
(2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Council.
(3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Council.
The Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.
The Council shall prepare once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year, and giving an account of the standards of newspapers and news agencies and factors affecting them, and copies thereof, together with the statement of accounts audited in the manner prescribed under section 22 shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament.
Without prejudice to the provisions of section 20, the Council may prepare at any time during the course of a year, a report giving a summary of such of its activities during the year as it considers to be of public importance and copies thereof shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament.
The accounts of the Council shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.
(1) No suit or other legal proceeding shall lie against the Council or any member thereof or any person acting under the direction of the Council in respect of anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against any newspaper in respect of the publication of any matter therein under the authority of the Council.
Every member of the Council and every officer or other employee appointed by the Council shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that when the Council has been established, no such rules shall be made without consulting the Council.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the procedure for nomination of members of the Council under clauses (a), (b) and (c) of sub-section (3) of section 5;
(b) the manner in which panel of names may be invited under sub-section (4) of section 5;
(c) the procedure for election of a member of the Committee referred to in sub-section (2) of sectio
1[(1)] The Council may 2[, by notification in the Official Gazette,] make regulations not inconsistent with this Act thereof and the rules made thereunder, for—
(a) regulating the meetings of the Council or any committee thereof and the procedure for conducting the business thereat under section 9;
(b) specifying the terms and conditions of service of the employees, appointed by the Council, under sub-section (2) of section 11;
(c) regulating the manner of holding any inquiry under this Act;
(d) delegating to the Chairman or the Secretary of the Council, subject to such conditions as it may think fit to impose, any of its powers under sub-section (3) of section 18;
(e) any other matter for which provision
[Rep. by Act 19 of 1988, sec.2, Sch.I, dated 4th April, 1988.]
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