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REGISTERED No. D 221 रजिग्ट्री सं ० डी० 221

भारत को राजपत्र The Gazette of India

असाधारण

EXTRAORDINARY

भाग II-खंड 2

PART II- Section 2

TRAL CE SECRETARIATLIBRAR 14 OCT 1970 OVERNMENT OF INDIA

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० 3]

नई दिल्ली, बृहस्पतिवार, फरवरी 26 , 1970/फाल्गुम 7, 1891

No. 3 ] NEW DELHI , THURSDAY , FEBRUARY 26 , 1970'PHALGUNA 7 , 1891

इस भाग में भिन्न पृष्ठ संख्या दी जाती है 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

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 26th February , 1970 :-

BILL NO . VI OF 1970

A Bill further to amend the Press Council Act , 1965

Be it enacted by Parliament in the Twenty-first Year of the Republie of India as follows: -

1. This Act may be called the Press Council ( Amendment ) Act , 1970.

(2) It shall come into force on such date as the Central Government may , by notification in the Official Gazette, appoint .

Short title and com- mence- ment.

2. In the long title to the Press Council Act , 1965 (hereinafter refer- red to as the principal Act ) , after the word " newspapers " , the words "and news agencies " shall be inserted .

Amend- ment of long title.

3. In section 1 of the principal Act , in sub - section ( 2 ) , the words "except the State of Jammu and Kashmir " shall be omitted,

Amend- ment of section I.

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[PART II

4. In Chapter I, after section 2 of the principal Act , the following sec- tion shall be inserted , namely:-

Inser- tion of new section 2A.

Rule of construc- tion

"2A. Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall , in relation to that State , be construed as a reference to the corresponding law, if any, in force in that State ." .

respect- ing enact- ments not ex- tending to Jammu and Kashmir.

6. For section 4 of the principal Act, the following sections shall be substituted , namely:-

Substi- tution of new sections for section 4.

'4. ( 1) The Council shall consist of a chairman and twenty- six other members .

Composi- tionof the Council .

(2) The Chairman shall be a person nominated by a committee (hereinafter referred to as the Nominating Committee) consisting of the Chief Justice of India , the Speaker of the House of the People and the Chairman of the Council of States .

(3) Of the other members-

(a) thirteen shall be nominated by the Nominating Com- mittee from among the working journalists , of whom six shall be editors of newspapers and the remaining seven shall be work ing journalists other than editors , so, however , that the number of such editors and working journalists other than editors in rela- tion to newspapers published in Indian languages shall , in either case, be not less than three;

(b ) six shall be nominated by the Nominating Committee from among persons who own or carry on the business of management of newspapers , of whom-

(i) one each shall be a representative of big newspapers , medium newspapers and small newspapers published in Indian languages , and

( ii) one each shall be a representative of big newspapers , medium newspapers and small newspapers published in any other language;

(d) three shall be persons having special knowledge or practical experience in respect of education and science , law, SEC 21

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and literature and culture of whom respectively one shall be nominated by the University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy ;

( e) three shall be members of Parliament of whom two shall bę nominated by the Speaker from among members of the House of the People and one shall be nominated by the Chairman from among members of the Council of States:

Provided that no working journalist who owns , or carries on the business of management of, any newspaper shall be eligible for nomination under clause ( a) :

Provided further that not more than one person interested in any newspaper or group of newspapers under the same control or management shall be eligible for nomination under clause ( a) or clause (b ) .

Explanation . For the purposes of clause (b ) , a " newspaper" shall be deemed to be

(i) " big newspaper " if the circulation thereof exceeds fifty thousand copies for each issue;

(ii) " medium newspaper" if the circulation thereof exceeds fifteen thousand copies but does not exceed fifty thousand copies for each issue;

(iii) " small newspaper " if the circulation thereof does not exceed fifteen thousand copies for each issue .

(4) Before making any nomination under clause (a) , clause (b) or clause ( c) of sub - section (3 ) , the Nominating Committee shall , in the prescribed manner , invite panels of names comprising twice the number of members to be nominated from such associations of per- sons of the categories referred to in the said clause ( a) , clause (b ) or clause ( c) as may be notified in this behalf by the Council:

Provided that until the Council notifies any such association , the Nominating Committee may nominate members to represent any of the categories referred to in clause (a) , clause ( b ) or clause (c) of sub -section (3 ) after consultation with any such other association of persons of the category concerned or with such other individuals or interests concerned as it thinks fit .

(5) Where any association of persons referred to in sub - section (4) fails to forward a panel of names when invited to do so under that sub - section, the Nominating Committee may invite such panels of names in the like manner from any other association of persons of the category concerned or may nominate members after consulta- tion with such other individuals or interests concerned as it thinks fit .

(6) Save as otherwise provided , no person shall be eligible for nomination under cláuse ( a ) , clause ( b ) or clause ( c) of sub- section (3) unless his name is included in the panel of names under sub- section (4) or sub -section ( 5) , as the case may be .

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(7) The names of persons nominated under this section shall be forwarded to the Central Government and shall be notified by that Government in the Official Gazette and every appointment so made under this section shall take effect from the date on which it is so notified,

4A. Subject to such conditions as may be prescribed , the Nomi- nating Committee shall have power to review any nomination made by it on a representation made to it by any association referred to in sub - section (4 ) or sub - section ( 5 ) of section 4 or by any person aggrieved by such nomination or otherwise. ' .

Power to re- view nomina- tions under certain cases.

6. In section 5 of the principal Act.-

(a) in sub - section ( 1A ) , --

Amend. ment of section 5.

(i) for the words , figures and letters " until the 31st day of March , 1970 " , the words , figures , letters and brackets " until the 30th day of September , 1970 or until the Council is reconstituted in accordance with the provisions of section 4 as amended by the Press Council ( Amendment ) Act , 1970 , whichever is earlier " shall be substituted;

(ii) for the words , ligures and letters " before the 31st day of March , 1970 , " , the words , figures and letters "before the 30th day of September , 1970 or before the date on which the Council is re- constituted, as the case may be , " shall be substituted ;

(b ) in sub - section ( 2 ) , for the words , brackets and letters " cho- sen as a member under clause ( a ) or clause ( b ) " , the words , brackets and letters " nominated as a member under clause (a ) , clause ( b ) or clause ( c ) " shall be substituted;

(c) in sub - section ( 3 ) , for the words , brackets and letter "cho- sen under clause (d ) " , the words , brackets and letter "nominated under clause ( e ) " , and for the word " chosen " , where it occurs for the second time , the word " nominated " shall be substituted ;

(d) after sub - section ( 3 ) , the following sub - section shall be in- serted , namely :-

" (3A ) A member shall be deemed to have vacated his seat if he is absent without excuse , sufficient in the opinion of the Council , from three consecutive meetings of the Council. " ;

(e) for sub -sections ( 5) , ( 6 ) and (7) , the following sub - sections shall be substituted, namely : -

"(5) Any vacancy arising under sub- section ( 2 ) , sub - section (3) , sub - section ( 3A ) or sub- section ( 4 ) or otherwise shall be filled , as soon as may be , by nomination made by the same autho- rity by which and in the same manner in which the member vacating office was nominated and the member so nominated shall hold office for the remaining period for which the member in whose place he is nominated, would have held office.

(6) A retiring member shall be eligible for re - nomination for not more than one term.".

SEC. 2 ]

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7. In section 7 of the principal Act , after the words " The Council" , the words " or any committee thereof " shall be inserted .

Amend- ment of section 7 .

Amend- ment of section 8 .

8. Section 8 of the principal Act shall be re- numbered as sub - section ( 1) thereof, and after sub - section (1 ) as so re- numbered , the following sub- sections shall be inserted , namely: -

" ( 2 ) The Council shall have the powerto 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 members shall have the right to attend any meet- ing 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 of any other purpose ."

9. In section 12 of the principal Act , ---

Amend- ment of section 12 .

(1) in sub - section ( 1 ) , after the word " newspapers " , the words " and news agencies " shall be inserted;

(2) in sub - section (2 ) ,-

(a) in clause ( a) , after the word " newspapers " , the words " and news agencies " shall be inserted;

(b) in clause ( b) and clause ( c ) , after the word " newspapers " , wherever it occurs , the words " , news agencies " shall be inserted;

" ( f ) to keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as are referred to it by the Cen- tral Government or are brought to its notice by any indivi- dual , association of persons or any other organisation;

Provided that nothing in this clause shall preclude the Central Government from dealing with any case of assistance received by a newspaper or news agency in India from any foreign source in any other manner it thinks fit ;" ;

(d) for clause ( g) , the following clause shall be substitutea, namely:-

(g) to undertake studies of foreign newspapers , includ- ing those brought out by any Embassy or other representa- tive in India of a foreign State , their circulation and impact .

Explanation . For the purpose of this clause, the expres- sion " foreign State" has the meaning assigned to it in section 87A of the Code of Civil Procedure , 1908 ; ' ;

& of 1908.

( e) for clause ( i ) , the following clause shall be substituted, namely:-

" ( i ) to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in news agencies :

14 of 1947 .

Provided that nothing in this clause shall be deemed to confer on the Council any functions in regard to disputes to which the Industrial Disputes Act , 1947 , applies ;" ;

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[PART II

(f) in clause ( j ) , after the word " newspapers " , in both the places where it occurs , the words " or news agencies " shall be inserted.

10. In section 13 of the principal Act,-

Amend- ment of section 13 ,

(a) in sub - section ( 1 ) ,-

(i) after the word " newspaper " , where it occurs for the first and the second time, the words " or news agency " shall be insert- ed;

( ii) for the words " censure the newspaper , the editor or journalist, as the case may be" , the words " warn , admonish or censure the newspaper , the news agency, the editor or the jour- nalist or disapprove the conduct of the editor or the journalist , as the case may be " shall be substituted;

(b) after sub - section ( 1 ) , the following sub- section shall be in- serted , namely :-

" ( 1A) If the Council is of the opinion that it is necessary or expedient in the public interest so to do , it may require any news- paper to publish therein in such manner as the Council thinks fit , any particular relating to any inquiry under this section against a newspaper or news agency , an editor or a journalist working therein , including the name of such newspaper , news agency , editor or journalist." ;

(c) in sub - section ( 3 ) , after the words , brackets and figure " under sub - section ( 1 ) " , the words , brackets , figure and letter " or sub-sec- tion ( 1A ) , as the case may be, " shall be inserted .

11. In section 14 of the principal Act, for sub - sections (1 ) and (2) , the following sub - sections shall be substituted , namely: -

Amend- ment of section 14 .

5 of 1908.

" ( 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, 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 production of documents ;

(d) requisitioning any public record or copies thereof from any court or office ;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed .

(2) Nothing in sub- section ( 1 ) shall be deemed to compel any newspaper , news agency , editor or journalist to disclose the source of any news or information published by that newspaper or received or reported by that news agency , editor or journalist ." .

SEC 4

61 THE GAZETTE OF INDIA EXTRAORDINARY

12. In section 18 of the principal Act,--

Amend- ment of section 18 (a) after the words " standards of newspapers " , the words " and news agencies" shall be inserted;

(b) after the words " copies thereof " , the words and figures " to- gether with the statement of accounts audited in the manner pres- cribed under section 19" shall be inserted .

13. After section 18 of the principal Act , the following section shall be inserted , namely :-

Inser- tion of new section 18A.

Interim reports .

"18A . Without prejudice to the provisions of section 18 , the Coun- cil 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 con- siders 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 . "

14. In sub - section ( 2) of section 22 of the principal Act ,

Amend- ment of section 22.

(a) in clause ( a ) , after the words " may be invited under " , the words , brackets and figure " sub- section ( 4 ) or " shall be inserted :

(b ) after clause ( a) , the following clause shall be insertea . namely:-

" ( aa) the conditions subject to which , and the manner in which , a representation for review of a nomination may be made; ";

( c) after clause ( c ) , the following clause shall be inserted , namely:-

" ( cc) the matters in respect of which powers vested in a civil court under the Code of Civil Procedure , 1908 , shall be exercisable by the Council ; " .

15. In section 23 of the principal Act,---

Aniend- ment of section 23 .

(a) in clause ( a) , after the words " meetings of the Council " the words " or any committee thereof " shall be inserted;

(b ) after clause ( c) , the following clauses shall be inserted , namely:-

" ( d) delegating to the Chairman or the Secretary , subject to such conditions as it may think fit to impcse , any of its powers under sub - section (3 ) of section 16;

( e) any other matter for which under this Act provision may be made by regulations ! " .

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[PART II

STATEMENT OF OBJECTS AND REASONS

The Press Council of India was established under the Press Council Act , 1965 , with effect from the 4th of July , 1966, for the purpose of pre- serving the freedom of the Press and of maintaining and improving the standards of newspapers in India . The first Chairman assumed charge on the 4th July , 1966, and the names of the 25 members of the Council were notified on the 16th November , 1966 .

2. In December, 1967 , references were made in the Rajya Sabha to the criticism regarding the composition and working of the Press Council and the shortcomings of the Act . A suggestion was made that Government should constitute a committee of members of both the Houses to go into the matter and submit a report , after consulting the organizations and others concerned , on the working of the Press Council Act , 1965. As a consequence , an Advisory Committee was set up in January , 1968. The Committee constituted under the Chairmanship of the then Minister of Information and Broadcasting consisted of 7 Members of the Rajya Sabha and 12 of the Lok Sabha . The Bill seeks to implement the recommenda- tions of the Committee .

3. Since it will take some time for the Council to be reconstituted , in accordance with the provisions of the proposed new section 4. it is pro- posed to extend the term of office of the Chairman and the existing mem- bers of the Council till the 30th September , 1970 or till the reconstitution of the Council , whichever is earlier .

SATLA NARAYAN SINHA

NEW DELHI;

The 20th February , 1970 .

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63 SEC, 2 ]

FINANCIAL MEMORANDUM

The Bill contemplates amendment of the Press Council Act , 1965, in pursuance of the recommendations of the Advisory Committee on the Press Council .

As implementation of the Act with the proposed amendments will take effect from the next financial year , no additional funds are required on this account during the current year .

The implementation of the recommendations by amending the Press Council Act , 1965 , it is expected, would involve financial implications to the extent of Rs . 25,600 per year recurring , as per details given below: -

The Press Council is proposed to be vested with the power to review cases of foreign assistance to newspapers on reference not only from the Central Government but also from any other person or organisation or on its own. In order to perform this function , the Council may have to appoint an Auditor Accounts Officer on its strength to check the accounts of the newspapers , where necessary . This will entail an estimated ex- penditure on pay, allowances , T.A. and D.A. of about Rs . 12,000 per year .

In order to enable the Council to make a study of the foreign journals , particularly those brought out by foreign missions in India, their cir- culation and impact , in view of the proposed amendment to clause (g) of sub - section ( 2 ) of section 12 , the Council may have to subscribe to these journals and an estimated expenditure of Rs . 2,000 per year is anticipated on this account .

As it is envisaged to bring news agencies within the purview of the functions of the Council , and to give representation for news agenices on it, the addition of one member to the Council becomes necessary . On this account , there will be an additional expenditure of about Rs . 3,600 a year on T.A. , D.A. , etc.

It is also proposed to empower the Council to nominate persons , on its committees set up under section 8 of the Act , as ad hoc members , without giving them the formal status , authority or the privileges of a member of the Council . Taking one ad hoc member for each of the four committees of the Council , vis . ,-

(i) Inquiry Committee ,

( ii ) Finance Committee ,

( iii ) Selection Committee , and

(iv) ad hoc sub - committee to be set up for specific purposes such as review of the cases of foreign assistance to newspapers , for- mulation of training schemes , etc. , where specialists or experts may be nominated , an expenditure of Rs . 6,000 per year is anticipated on this account .

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[PART II

The Council has been given the discretion, under the proposea amendment, to include reports on important matters enquired into , or reviewed by it, either in the annual report or to submit the same as an interim report for being laid on the table of both the Houses of Parlia- ment and an expenditure of Rs . 2,000 per year on printing is anticipated on this account . No non - recurring expenditure is likely to be incurred on the implementation of the recommendations by amending the Press Council Act , 1965 .

SEC . 2 ]

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MEMORANDUM REGARDING DELEGATED LEGISLATION

Under clause 14 of the Bill , section 22 of the Press Council Act , 1965 which empowers the Central Government to make rules , is proposed to be amended to provide for-

(a) the manner in which the panels of names are to be invited by the Nominating Committee , under sub - sections (4) and (5) of new section 4 ,

(b) the conditions and the manner in which a representation for review of a nomination may be made , and

2. Section 16 (3 ) of the Press Council Act, 1965 provides that the Council may spend such sums as it thinks fit for performing its functions under the Act and such sums shall be treated as expenditure payable out of the funds of the Council . Provision has been made in clause 15 of the Bill , authorising the Council to delegate its powers of incurring ex- penditure to the Chairman or Secretary , subject to such limits as the Council may stipulate.

3. The delegation is of a normal character.

Β . Ν . ΒANERJEE ,

Secretary.

PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1970