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REGISTERED No. L. 3131

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, MONDAY, JULY 28, 1947

GOVERNMENT OF INDIA

LEGISLATIVE DEPARTMENT

New Delhi, the 28th July, 1947

ORDINANCE No. X OF 1947

AN

ORDINANCE

To confer certain special powers on the administration in, Chief Commissioners'

Provinces for the better control of the dissemination of undesirable matter

WHEREAS an emergency has arisen which makes it necessary to confer certain special powers on the administration in Chief Commissioners Provinces for the better control of the dissemination of undesirable matter ;

AND WHEREAS the Indian Legislative is not in session ;

N o. Therefore, in exercise of the powers conferred by section 72 of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935 (26 Geo. 5, o. 2), the Governor General is pleased to make and pro- mulgate the following Ordinance :—

1. Short title, extent a nd c o m m e n c e m e n t .— (1) This Ordinance m ay be called

the Press (Special Powers) (No. 2) Ordinance, 1947.

(2) It extends to all Chief Commissioners Provinces, except Biitish

Baluchistan.

(3) It shall come into force at once.

2. Interpretation.-In this Ordinanace, unless there is anything repugnant in

the subject or context, ''document"includesgramophonerecords,soundtracks and any other articles on which sounds have recorded with a view to their subsequent reproduction.

3. Delegation of powers.—(7) The Provincial Government may by order direct that any power which in conferred on it by this Ordinance shall in such circum- stances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by a District Magistrate or Additional District Magistrate,

(2) The powers of the Provincial Government under this Ordinance shall he,

exercisable also by theChiefCommissioner.

( 659)

4. Power to control publications.—The Provincial Government may by order, in writing addressed to a printer, publisher or editor or generally to all printers, publishers or editors or to swell class of printers, publishers or editors ap- may be specified therein- -

(") prohibit or regulate the printing or publication in am document or (.law of documents either absolutely or for a specified period, or in a particular issue or issues of a newspaper or periodical, of any mutter which tenth directly or indirectly lo promote feelings of enmity or haired between diffetent classes ni'TJis Majesty's .subjects ;

(6) require thai any document, or CL-JSH of documents, or HIIV niatier relating lo a particular subject or class ol subjects, shall before publication he submitted for scrutiny to a specified officer, who may after such scrutiny, if lie is satisfied that such document, clash of document or mutter or ,my pcution f hereof is or contains matter of the nature described in clause (a), either prohibit its publication or pass it for publication " it h such modifications as he inaj deem necessary.

5. Control of documents printed outside the Province.—Tim Provincial Govern- ment may, by gentval o>- special order, prohibit or regulato the entry into, o • sale or distribution or circulation or publication or poweinion within, the Province of miv document or class of documents, or of any matter of the nature described in clause (") of section 4, printed or made outside the F'rovinoe,

6. Forfeiture of books, newspapers or other documents. Where m its opinion am newspaper, book or other document, wherever made, contains anj matter of the nature described in clause (r/) of section 4, the Provincial Government may, by notification iu the official Gazette, declare every copy of the issue of such news- paper, or of such book or other document to Ije forfeited to His Majesty, and theie- upon nnv police officer ma\ seize such copies wherever found, and any Magistrate jiuiy by warrant authorise any police officer not below the rank of Sub-Inspector to enter upon and search for such copies in am pri-mise,^ wheje any sucli eupy may be iw may be reasonably cxpoeted to be.

", Prevention of publication of unauthorised matter.—Whcje I he Provincial (rovrjiunent luus reanoii to belirve that a newajiaper, book or other document is likely to be published, printed or made, containing matter of the nature described in clause (") of section 4, it may, by order in writing, prohibit the printing or pabli cation of t" K'h iv w.ipftpo., book o/ document, o" allow the publication, printing or making of the newspaper, book or document, subject to the publisher, printer, or editor, an ilic oase may be, giving an undeitaking in writing Ihnt he will not publinh any mich matter,

8. Dissemination of prohibited documents or matter.—(1) Whoever < jrculatey or distributes in any manner' ari\ document or thing advocating <>i calculated to turther anv activity which tends directly or indiiectly to promote feelingr^ oh fiuuitj en hatred among different classes of HIM Majcnl\'H subjects, or in lespoct of which an order of forfeiture under .section rj is in force shall, unless ho proves that he was unaware of the nature of the document or tiring, be punishable with imprisonment for a term which may extond to one year, or with fine, or with both.

(2) Whoever allows his name or addiess to be used to facilitate transmission through the post or otherwise to any person other than the person for whom it purports to bo intended of any document or thing of the nature referred to in sub- section (/) nhaJl be punishable with impiisonment for a, lerm which may extend lo one year, or with fine, or with both.

(3) Whoever publishes, i-ireuIaieH or repeats in public any matter contained in any newspaper, book or other document in respect of which anj order of forfeiture or prohibition has been made under this Ordinance shall be punishable with jm- jnisonment for n term which may extend to three years, or with fine, or with both.

9. Powers in respect of contravention ol orders.- -Wheje in the opinion of the Provincial Government any person has contra von or] an order madn or deemed to have boeu mad*¹ utidor section 4-, section f> or section 7 or an undertaking given or doomed to hive beou given by hini under section 7, the Provincial Govern- ment may, without prejudice to any other penalty to which such person may be liable by order prohibit, either absolutely or for ti .specified period, the publication by him oi on his behalf of any newspaper, periodical, leaflet or other documont, mid may order the seizure of all copies of the publication in rospeot of wliioh the foniravention has occurred and of any printing-press or other instrument or ap- paratus, used in the production of the publication ; and the Provincial Government iinnv by order declare forfeited to flis IVlajcst,} any article so seized.

10. Penalties.—Whoever—

(a) contravenes any provision vi this Ordinal ice or oi any order made or deemed to have been made thereunder or any direction or undertaking giiren or deemed to hnve been gi^e i oi condition imposed or deemed to have been imposed under this Ordinance, oi

(b) interferes with or obstructs the compliance, with such provision, order,

direction, undertaking or condition by the person concerned, or

(r) obstructs the lawful exercise of uny pmm conferred by or under this

< )rdinanee,

shall, if no express provision is made by (his Ordinance for the punishment of Buoh contravention or interference or obstruction, be pimishable with imprisonment for a term which may extend to ihree years, or with fine, or with both.

11. Attempt and abetment.—Whoever attempts to commit, oi abota, or attempts to abel, or does anv act preparatory to the commission of, any offence punishable under this Ordinance shall be deemed to have committed that offence.

12. Search. — (J) The power to issue search warrants conferred by section W of the Code of Criminal Procedure, 1898 (V of 1808), shall be deemed to include a power to issue warrants authorising —

(a) 1 he search of any place in which any Magistrate mentioned in that

section has reason to believe that any offence punishable under this Ordinance has been, is being or is about to bo committed or that preparation for the com- mission of any mieh offence is being made ;

(b) the seizure in or on any place searched under clause (a) of anything which the officer executing Ihe warrant has reason to believe is being or has been or is intended to be used for any purpose mentioned in that clause.

( ') Any police officer authorised by gonerul or special order in writing of the iJistriet Magistrate or of the (Superintendent of Police may search or cause to be searched any person whom ho has reason to believe or suspoeis to be in possession of or carrying any document or other thing, the possession, circulation or distribu- tion of which in punishable under this Ordinance, and may seize and detain any Mirli document or thing tound on such person..

(3) The provisions of the said Code shall, so tar as may be, appty to scarehos

made, and to the disposal of any property seized, undei this section.

13. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1898 {V of J8!>8), any offence punishable under this Ordinance shall be cognizable.

14. Jurisdiction barred.- -Every declaralion of forfeiture purporting

made under this Ordinance shall, as against all persons, be conclusive evidence that ihe forfeiture therein referred to has taken place, and n<> proceeding or order pur- porting to be I iiken or made under tin's Ordinance hlialJ be called in question by flny Court, and no civil or criminal proceeding shall be instituted against any person for anything done or in good faith intended to be done undei this Ordinance or dtirainst any person for any loss or damage caused to or in respect of any property whereof possession has been taken under this Ordinance.

X5. Effect of orders, etc., inconsistent with other laws.—Am onKr nin .uxl any other action taken, under this Ordinance Hhall have effect notwuhsinndinjf any- thing ineon-sifitent therewith contained in nny other ]nw oi¹ iu an\ instilment b;ivin

16. Temporary amendment of Act XXHI of 1931. No long as ihiw Ordinance remain* in force, the Indian Press (Emergency .Powers) Art, 1931, shall have effect n,S if, in 8ub-see.tk>n (J) nf section 4 thereof, after r-lanne (/)), tho Ihllowina; word ;md clause Imd been insfrtod, namely : —

"or

(bb) aie calculated to iriNlignte the eonmjiwuion of, or the j)iiblicntiu]i of"

whioh coiiistitutea, an offwn* puni^hnble under the PresM (Hnenial F'o-werR) (No. 2) Ordinance, 1947 "

Vi. Contiuuan"* of ordera, etc., and savings.—(i) All ordeiH aud declaiaiions made, directions and undertakin#n given, and conditions imposed, under the }YesB- (Spocial Powers) Ordinance, 1947 (III of 1947), and in force immediately before the expiry of that Ordinance shall continue to be in force according to thoir respec- tive tenors, and shall bo deemed to have been made, piven or imposed, RH the case may be, under this Ordinance.

(2) Section H of the General Clauses Act, 1897 [X of 1897) .shall apply upon the isxpiry of the Prrw, (Special Powers) Ordinance, 1947, as if that Ordinance -were itn enactment then repealed by a Central Act,

MOUNTBATTtfN OF BURMA,

Vit'troy awl (Jcnwrnor General.

HHAVAX A. LAL,

Secy . to the Gtwl. oj India

PllDUSHU) HI 'J1LK JSlANAOKH OF TOBLICAl JONS, J">Ft.Hl, I N I I I A.

PRINTED PS- mr A1*NAOK.JI, flovniNMPNT on I N D I\ P R E S ^, New DKLHI, JNDI/I