Section - 5. Rules as to publication of newspapers
No 6
[newspaper] shall be published in 1 [India], expect in conformity with the rules hereinafter
laid down:
[(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.][(2)] The printer and the publisher of every such 9 [newspaper] shall appear 6 [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 10 * * *], 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 9 [newspaper]
entitled —————— 11[ and to be printed or published, or to be printed and published]. as the case may be at —————". And the last bank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted. 12 [(2A) Every declaration under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed.]
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Ins. by Act 55 of 1955, s. 5 (w.e.f. 1-7-1956).
Subs. by Act 14 of 1922, s. 3 and Sch. I, for certain words.
Subs. by Act 26 of 1960, s. 2 for rule (1) (w.e.f. 1-10-1960) which was in by Act 14 of 1922, 3 and Sch. I.
Rule (1) re-numbered as rule (2) by Act 14 of 1922, s. 3 and Sch. I.
Subs. by s. 3 and Sch. I, ibid, for "periodical work".The words "or such printer or publisher resides," omitted by Act 26 of 1960, s. 2 (w.e.f 1-10-1960). Subs. by Act 55 of 1955, s. 6, for certain words (w.e.f 1-7-1956). Ins. by s. 6, ibid.
[(2B) Where the printer or publisher of a newspaper making a declaration under rule (2) is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declaration. (2C) A declaration in respect of a newspaper made under rule(2) and authenticated under section 6 shall be necessary before the newspaper can be published.
(2D) Where the title of any newspaper or its language or the periodicity of its publication is changed,
the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued. (2E) As often as the ownership of a news paper is changed, a new declaration shall be necessary.][(3) As often as the place of printing or publication is changed, a new declaration shall be necessary:
[Provided that where the change is for a period not exceeding thirty days and the place of
printing or publication after the change is within the local jurisdiction of the Magistrate referred to in
rule (2), no new declaration shall be necessary if-
(a) a statement relating to the change is furnished to the said Magistrate within twenty-four
hours thereof; and
(b) the printer or publisher or the printer and publisher of the newspaper continues to be the
same.][(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 6 [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 6 [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 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.
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1 Ins. by Act 26 of 1960, s. 2 (w.e.f.) 1-10-1960.
2 Rule (2) re-numbered as rule (3) by Act 14 of 1922, s. 3 and Sch. I.
3 Ins. by Act 55 of 1955, s. 6 (w.e.f. 1-7-1956).
4 Subs. by Act 26 of 1960, s. 2 for rule (4) (w.e.f. 1-10-1960) which had been re-numbered for the original rule (3) by Act 14 of 1922, s. 3 and Sch. I.
5 Ins. by Act 55 of 1955, s. 6 (w.e.f. 1-7-1956).
Subs. by Act 26 of 1960, s. 2 for "of the declaration" (w.e.f. 1-10-1960).
(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:]
1 [Provided that no person 2 [who does not ordinarily reside in India, or] who has not attained
majority in accordance with the provisions of the Indian Majority Act, 1875, or of the law to which he is
subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed
by this section, nor shall any such person edit a newspaper.]
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