रजिस्ट्री सं ० डी. 221
REGISTERED No. D. 221
भारत की राजपन्न The Gazette of India
असाधारण
EXTRAORDINARY
भाण 11 -खण्ड-1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 26 ] नई दिल्ली, बृहस्पतिवार , सितम्बर 23 ,1965/ प्रसविमा1 , 1887
No. 26 ] NEW DELHI , THURSDAY, SEPTEMBER 23 , 1965 / ASVINA 1 , 1887
इस भाग में भिन्न पृष्ठ संख्या वी आती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW
( Legislative Department )
New Delhi , the 23rd September , 1965 / Asvina 1 , 1887 ( Saka )
The following Acts of Parliament received the assent of the Presi- dent on the 22nd September , 1965 , and are hereby published for general information: -
THE PRESS AND REGISTRATION OF BOOKS
( AMENDMENT) ACT , 1965
No. 16 OF 1965
[ 22nd September , 1965 ]
An Act further to amend the Press and Registration of Books
Act, 1867 .
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: -
1. ( 1 ) This Act may be called the Press and Registration of Books (Amendment) Act , 1965.
Short title and com- mence- ment .
(2) It shall come into force on such date as the Central Govern- ment may , by notification in the Official Gazette , appoint .
361 [PART II THE GAZETTE OF INDIA EXTRAORDINARY
362
Amend- ment of section I.
2. Section 1 of the Press and Registration of Books Act , 1867 25 of 1867 (hereinafter referred to as the principal Act ) shall be re - numbered as sub - section ( 1 ) thereof , and-
(a ) in sub - section ( 1 ) as so re - numbered , the definition of " India" shall be omitted;
(b ) after sub - section ( 1 ) as so re - numbered, the following sub - section shall be inserted , namely: --
" ( 2 ) Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall , in rela- tion to that State , be construed as a reference to the corres- ponding law in force in that State." .
3. After section 5 of the principal Act , the following section shall be inserted , namely : -
Insertion ofnew section 5A.
and Kashmir Act No. I. Jammu of S 1989 " 5A ( 1 ) No person who has made and subscribed a declara- tion in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act , S. 1989 shall keep the press in his possession for the printing of books or papers after the expiry of a period of two months from the date of commence- ment of the Press and Registration of Books (Amendment ) Act , 1965 unless before the expiry of that period he makes and subs- cribes a fresh declaration in respect of that press under section 4 of this Act .
Keepers ofprinting presses and printers and pub- lishers of news- papers in Jammu and Kashmir to make and sub- scribe fresh dec- larations within specified period.
( 2 ) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kash- mir State Press and Publications Act , S. 1989 shall cease to be the editor , printer or publisher of the newspaper mentioned in such declaration after the expiry of a period of two months from the date of commencement of the Press and Registration of Books ( Amendment ) Act , 1965 unless before the expiry of that period he makes and subscribes a fresh declaration in respect of that newspaper under rule ( 2 ) of the rules laid down in section 5 of this Act . " .
4. In section 22 of the principal Act , the words " except the State of Jammu and Kashmir " shall be omitted .
Amend- ment of section 22 SEC., 11 THE GAZETTE OF INDIA EXTRAORDINARY
363
THE REPRESENTATION OF THE PEOPLE ( SECOND AMENDMENT ) ACT , 1965
No. 17 OF 1965
[ 22nd September , 1965 ]
An Act further to amend the Representation of the People Act ,
1951
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows :-
Short title .
1. This Act may be called the Representation of the People (Second Amendment ) Act. 1965.
13of 1951 2. In Part VIII of the Representation of the People Act , after section 145 , the following Chapter and sections shall be ted , namely:- 1951 , inser-
" CHAPTER IV
Insertion of new Chapter and sections after section 145 .
Powers of Election Commission in connection with Inquiries as to Disqualifications of Members
20 of 1963 .
Commis . sion . Powers of Election
of1908 .
146. ( 1 ) Where in connection with the tendering of any opinion to the President under article 103 or , as the case may be , under sub - section ( 4 ) of section 14 of the Government of Union Territories Act , 1963 , or to the Governor under article 192 , the Election Commission considers it necessary or proper to make an inquiry , and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord , it cannot come to a decisive opinion on the matter which is being in- quired into , the Commission shall have , for the purposes of such inquiry , the powers of a civil court , while trying a suit under the Code of Civil Procedure , 1908 , in respect of the following matters , namely :-
(a) summoning and enforcing the attendance of any person and examining him on oath ;
(b) requiring the discovery and production of any docu- ment or other material object producible as evidence ;
(c ) receiving evidence on affidavits ;
(d) requisitioning any public record or a copy thereof from any court or office ;
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 364
(e) issuing commissions for the examination of wit- nesses or documents .
(2) The Commission shall also have the power to require any person , subject to any privilege which may be claimed by that person under any law for the time being in force , to furnish information on such points or matters as in the opinion of the Commission may be useful for , or relevant to , the subject matter of the inquiry .
45 of 1960
5 of 1898 ( 3 ) The Commission shall be deemed to be a civil court and when any such offence , as is described in section 175 , section 178 , section 179 , section 180 or section 228 of the Indian Penal Code , is committed in the view or presence of the Commission , the Commission may after recording the facts constituting the offence and the statement of the accused as pro- vided for in the Code of Criminal Procedure , 1898 , forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure , 1898 .
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code .
146A . No statement made by a person in the course of giving evidence before the Election Commission shall subject him to , or be used against him in , any civil or criminal proceeding except a prosecution for giving false evidence by such statement :
State- ments made by persons to the Election Commis- sions .
Provided that the statement-
(a) is made in reply to a question which he is required by the Commission to answer , or
(b ) is relevant to the subject - matter of the inquiry .
146B . The Election Commission shall have the power to regu- late its own procedure ( including the fixing of places and times of its sittings and deciding whether to sit in public or in private).
Procedure to be followed by the Election Commis- sion.
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365
good 146C . No suit , prosecution or other legal proceeding shall lie Protection against the Commission or any person acting under the direction of action of the Commission in respect of anything which is in good faith taken in done or intended to be done in pursuance of the foregoing pro- faith . visions of this Chapter or of any order made thereunder or in res- pect of the tendering of any opinion by the Commission to the President or , as the case may be , to the Governor or in respect of the publication , by or under the authority of the Commission of any such opinion , paper or proceedings . " .
R. C. S. SARKAR , Secy . to the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1965 .