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REGISTERED NO. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II-Section 2

PUBLISHED BY AUTHORITY

No. 27] NEW DELHI, MONDAY, JULY 17, 1978 ASADHA 26, 1900

Separate paging is given to this part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following Report of the Joint Committee on the Bill to establish a Press Council for the purpose of preserving the freedom of the Press and of maintaining and improving the standards of newspapers and news agencies in India, was presented to the Rajya Sabha on Monday, the 17th July, 1978:—

COMPOSITION OF THE JOINT COMMITTEE ON THE PRESS COUNCIL BILL, 1977

Rajya Sabha

1. Shri Rabi Ray—Chairman

2. Shri Dinesh Singh

3. Shri J. S. Tilak

4. Shri Rishi Kumar Mishra

5 Shri Shrikant Verma

6 Shri Sitaram Kesri

7. Shri Jagjit Singh Anand

8. Shri P. Ramamurti

9. Shri E. R. Krishnan

10. Shri Lal K. Advani

Lok Sabha

11. Shri Nanasahib Bonde

12. Shri Somnath Chatterjee

685)

13. Shri Ishwar Chaudhry

14. Shri S. R. Damani

15. Shri Giridhar Gomango

16. Shri Nirmal Chandra Jain

17. ,Shri P. Kannan

18. Shri P. G. Mavalankar

19. Shri Md. Hayat Ali

20. Shri Amrit Nahata

21. Shri Phjrangi Prasad

22. Shri Ratansinh Rajda

23. Shri Balwant Singh Ramoowalia

24. Shri Jagannath Rao

25. Shri Jalagam Kondala Rao

26. Shri P. M. Sayeed

27. Shri Surath Bahadur Shah

28. Shri Digvijaya Narain Singh

29. Shri P. Venkatasubbaiah

30. Shri Yadvendra Dutt

REPRESENTHATIVES OF THE MINISTRIES

Ministry 9f Information and Broadcasting

Shri V. P. Malik, Facilities Officer

Shri S. Ramaswamy, Under Secretary

Ministry of Law, Justice and Company Affairs

Shri K. K. Sundaram, Chief Legislative Counsel

Shri S. Ramaiah, Joint Secretary and Legislative Counsel

SECRETARIAT

Sliri Sudarshan Agarwal, Additional Secretary

Shri P. C. Sanwal, Chief Legislative Committee ffl*er

Shri K. Dayal, Chief Examiner of Questions

Shri H. S. Panchal, Senior Executive Officer.

REPORff OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill* to estab- lish a Press Council for the purpose of preserving the freedom of the Press and of maintaining and improving the standards of newspapers and nevus agencies in India was referred, having been authorised to submit the report on its behalf, present this Report of the Joint Com- mittee v'ith the Bill, as amended by the Committee, annexed thereto.

2. The Bill was introduced in the Rajya Sabha on the 23rd Decem-

tee", 1977.

3. The motion for reference of the Bill to the Joint Committee of the Houses was moved in the Rajya Sabha by Shri Lai K. Advani, Minister of Information and Broadcasting, on the 1st March, 1978 and was adop- ted by the House on the same day.

4. The Lok Sabha concurred in the motion adopted in the Rajya Sabha, at its sitting held on the 15th May, 1978. The Message from the Lok Sabha was reported to the Rajya Sabha on the 17th May, 1978.

5. The Committee held 9 sittings. At its first sitting held on the 18th May, 1978 the Committee considered the question of inviting opinions from various organisations, professional bodies, institutions, news agencies and individuals interested in the subject matter of the Bill. Shri Lai K. Advani Minister of Information and Broadcas- ting, explained to the Committee that before the Bill was formulated and introduced in the House, formal discussions were held with pro- fessional bodies. Some of the professional bodies had also submitted memoranda. Several seminars were also held in the country. The points made out in the memoranda and the recommendations of the seminars were duly taken into consideration while drafting the Bill. In view of the above position, the Committee did not feel the need to invite any further memoranda on the Bill at that stage but desired that copies of all the memoranda received by Government and the recom- mendations made at various seminars may be furnished to the Mem- bers. The Committee decided to meet for a brief session to formulate its views on the various provisions of the Bill in the light of these docu- ments and to decide whether it was necessary to elicit any further ex- pert|professional opinion. At its sitting held on the 6th June, 1978, the Committee came to the conclusion that it was not necessary to invite comments /opinion of expert | professional bodies generally. It was, however, agreed that it might be useful to invite viewsjcomments from some selected organisations/associations which may include some re- presentative organisations of medium and small newspapers and lang- uage newspapers and, accordingly, decided that the following organisa- tiens be approached and requested to give their views/comments on

•"Published in the (fi-azette of India, Extraordinary Pwrt—II, Section

2, dated the 23"d December, 1977.

the provisions of the Bill so as to reach the Rajya Sa*bha Secretariat by the 20th June, 1978: —

(i) Indian Federation of Working Journalists, New Delhi,

(ii) National Union of Journalists, New Delhi,

(iij) Press Association of India, New Delhi,

(iv) All India Newspapers Editors' Conference, Jullunder.

(v) Indian and Eastern Newspapers Society.

(vi) All India Small and Medium Newspapers Association, Delhi, (vil) All India Small & Medium Newspapers Federation, Kanpur.

(vuV) AH India Small Newspapers Federation, Moradabad.

(ij() All India Urdu Small Newspapers Editors' Council, New Delhi.

(x) Indian Languages Newspapers Association, Bombay,

(x,) Indian Rural Press Association, Delhi,

(xii) Press Trust of India, Parliament Street, New Delhi,

{xiii) Hindustan Samachar, New Delhi,

(xiv) United News of India, New Delhi.

(XM) Samachar Bharti, New Delhi.

In response to the request made on behalf of the Committee, com- ments oi the subject matter of the Bill were received from the follow- ing organisations: —

1. All India Newspapers Editors' Conference, New Delhi.

2. The Indian and Eastern Newspapers Society, New Delhi.

3. All India Small & Medium Newspapers Association, Delhi.

4. The National Union of Journalists (India) New Delhi.

6. Tlie Committee considered and adopted the Draft Report at its Sitting held on the 15th July, 197&.

7. The principal changes effected by the Committee in the Bill and the reasDns therefor are set out in the succeeding paragraphs.

Clause 5

Sub-( lause (2)—The Committee considered at length the mode of nomination of the Chairman of the Press Council. While there was Unanimity in the view that it would not be desirable to involve the Chief Justice of India in the matter of nomination of the Chairman of the Council, some members felt that the office of Chairman should be an elective office and it should be left to the Council to elect its Chair- man. The Committee felt that election of the Chairman would perhaps create problems and that it might not be proper to provide for election of the Chairman by the Council. To meet the various view points, the Commitlee has decided that the Chairman of the Council should be nominated by a Committee consisting of the Chairman of the Rajya Sabha, the Speaker of the Lok Sabha and a person elected by the mem- bers of the Council from among themselves. The sub-clause has been suitably amended to provide for the above.

Sub-clause (3) — (i) paragraph (a)—The Committee is of the opinion that in order to prevent over reprebentation on Council of working journalists (other than editors) of English newspapers, provision should be made for the nomination of a greater number of such working journa- lists in relaion to newspapers published in Indian Languages. The Commitiee has, therefore, decided that out of seven working journalists other than editors on the Council, not less than four shall be from news- papers published in Indian Languages. The paragraph has been amended to achieve this object.

(it) paragraph (b)—The Committee ieels that in nominating mem- bers representing the big newspapers, medium newspapers and small newspapers, no distinction should be made on the basis of the language of the newspapers. The Committee has, therefore, suitably revised this paragraph to provide for uniform representation of two members of each of the above mentioned categories of newspapers on ihe Council.

(iii) paragraph (e)—The Committee is of the opinion that there should be larger representation of members of Parliament on the Coun- cil. The Committee has, (therefore, amended this paragraph to provide for the nomination of three members from the Lok Sabha and two from the Rajya Sabha,

Explanation—The amendments made in the Explanation seek to clarify the intention.

New Sub-clause (6)—Consequent upon the amendment made in sub- clause (2), the Committee feels that it would be necessary to make some provision for laying down the procedure for election by the members of the Council of a person to be a member of the Committee referred to in that sub-clause and also for choosing a person to preside over a meeting of the members of the Council for the purpose of such election. The Committee has added this new sub-clause to aehieve the object.

Clause 6 (original)

The Committee ig of the view that the Chairman "f the Council should not have the power to review any nominations as othef avenues are open, to any association or person aggrieved by any nomination for the redressal of any grievance in this regard. The Committee, therefore, decided to delete this clause.

Clause 6 (original claitse 7)

Sub-clause (1)—The Committee is of the opinion that only the Chair- iman of the Council should continue to hold office till the Council is re- constituted or till the expiry of a period of six months after the expiry of his term, whichever is earlier. The Committee has accordingly deleted reference 'to other members from the proviso tq the sub-clause.

Sub-clause (5)—The Committee considered the question as to the authority to whom the Chairman should give notice of his resignation, as the power of nomination of the Chpirman has now been vested in a Com- mittee consisting of three persons instead of a single person viz. the Chief Justice of India. The Committee feels that since receiving of notice of resignation! in this case would be a fojanality, the receiving

authority for such a notice could well be the Central Government. The Committee has, therefore, substituted "Central Government¹' for "Chief Justice of India" in the sub-clause.

Sub-clause (6)—Paragraphs (a) and (b) of this sub-clause have be- come redundant consequent on the proposed amendments to clause 5. The Committee has, therefore, deleted these paragraphs.

Clause 14 (original clause 15)

The Committee is of the opinion that since the Council is not called upon to lay down any code of journalistic ethics for the Press, there could be no question oi vesting it with the power to held an inquiry in- to any breach thereof. The Committee ha-j, therefore, omitted the ref- erence to breach of the Code of journalistic ethics from the clause.

Clause 25 (original clause 26)

The Committee is of the Opinion that the provision made in the Bill for laying In draft, the rules proposed to be made under paragraph, (a) of sub-clause (2) of this clause, before each House of Parliament would cause delay in the formation and functioning of the Council, Sub-clause (3), has. therefore, been deleted.

The other changes made in the Bill are of a consequential or drafting

nature.

8. The Committee recommends that the Bill, as amended, be passed.

RABI RAY,

Chairman of the Joint fhmmittee

N EW DELHI;

July lf>, 1978

24 ~Asadha7i^06~~CSaka)

MINUTES OF DISSENT

I

I am of the opinion that the Press Council Bill 1977 should not have given power to the Press Council to "build up a code of conduct for news- papers, newsagencies and journalists", [Clause 13, 2(b) page 5] as this in substance violates the very spirit and the noble objectives of the bill i.e. to ensure the freedom of the Press.

I have always believed that every individual has to decide for himself. No one else can determine his destiny. As regards the newspapers the choice has ever been between freedom and slavery, expression and sup- pression. During the short span of a few hundred years a number of newspapers and newspapermen, the world over, have paid price for de- fending the freedom whenever it was in peril- This was essential as a free press alone (although in India a Press free from the proprietorial oppression and state interference is a far cry) can provide stimuli to the citizens to assert their right to live as human beings and not as sub- humans. However there have been newspapers and newspapermen who have not only because of any external pressure but also because of the baser motives degraded the profession. Should they be punished for hav- ing degraded themselves? A man can be punished for having caused offence to others. Can he be punished for having ofiended himself?

As an individual is free to uphold what he considers as the nobler Values of society he is also at liberty to question what he may consider as the tyranny of the tradition. In the case of a newspaper, a newsagency or a journalist, it is only the readers who will decide whether the ideas propagated by a journalist, newspaper or a newsagency is to their detri- ment or to their interest. The reader's protest against what he considers as unethical, his concern for truth and his active interest in his own being alone can force a newspaper to conform to cert "in ethical standards which a society may deem necessary.

The Press Council, although representing various interests and aspira- tions of newspaper industry as well as the lay man, will after all be a body consisting of a few individuals who will have their own view about what is ethical and what is unethical. They will, in the name of a code of conduct, impose their own views on the newspapermen. It is difficult to comprehend why should the Press Council assume the role of a school teacher and treat the newspapers, newsagencies and journalists as school children telling them how to behave!

As it is, our newspapers as well as the Press Council are to a large extent based on the western model. In this situation we should have taken a lesson from the western expeiiencp. There are good newspapers and there are bad newspapers. What is goorl to a certain class of news- paper readers is absolutely irrelevant to the readers of another class of newspapers and vice versa. It is a battle between two Giants: the baser

in man and the noble in human spirit. However as there is no perma- nent and universal definition of what is good or bad in art, literature and anything involving the written word, the agencies created by the state will step in the sphere of written word only at their own risk.

In my opinion no agency created by the state should be allowed to evolve or build up a code of conduct for any individual, whether engag- ed in the newspaper industry or elsewhei'e. The state in twentieth century has already become omnipotent. If we allow it to interfere in the life of any individual directly, indirectly or sneakingly any more, even the few cases that have somehow survived in this vast desert of human civilisation will disappear-

I am convinced that no self respecting journalist will relish the idea of a code of conduct for him to be built up by an external agency like the Press Council. He is aware that a code of conduct may ultimately become self censor.

I also want to mention here that the Indian society is passing through a transformation which it had never witnessed before. The values, the norms, the customs, the notions about life and death, the costumes, the designs, the art, the architectut'e, our entire social and cultural milieu is undergoing a change and the transformation that we are wit- nessing will continue. What is the guarantee that the code of conduct to be built up by the Press Council will be accepted as the last testament by the future generation? The next generation may dismiss it as utterly obsolete and the code of conduct evolved by the Press Council may be considered as tyrannical as the SAMHITA of Manu although we have no one among us to match the calibre and the genius of Manu.

In short, why should the Press Council be given the power to build

up a code of conduct for newspapers and newsmen? Hence I do not agree with the view that the Press Council should be given the power "to build up a code of conduct for newspapers, newsagencies and the journalists in accordance with the high professional standards."

NEW DELHI; SHRIKANT VERMA

July 17, 1978. ^Asadha^lMlTJsSkd).

II

While I warmly welcome the revival of the Press Council through this amended Bill, and whole-hartedly eadorse the views and sugges- tions of my esteemed colleagues on the Joint Select Committee, I am unable to persuade myself to agreeing to retain the reference to the function "to build up a code of conduct for newspapers, newsagencies and journalists in accordance with high professional standards" [vide clause 13, (2) (b), Chapter III entitled Powers and Functions of the Council]. In my view the idea of n code of conduct, valuable and useful in itself, should best be allowed to evolve and emerge steadily and pragmatically on the basis of overall experience gained by all those concerned with the Press, rather than to the a priori consideration and

construction of a code of conduct by a particular membership of the Press Council at a given time. The connotation of a code of conduct is note quite happy and handy, besides the more important point that a code of conduct in our Indian Context, as manifested in more than one sphere of our public and national life, has rather unfortunately come to mean a code of discipline. I am, therefore, keen to handle the subject of a code of conduct with a certain amount of caution and oare. This is a delicate and a sensitive field, and ever since our Independence, the Indian National experience of such things as a code of conduct is not too pleasant or profitable to recapitulate. Moreover, the retention of the idea of a 'Code of Conduct' in the manner suggested may, I fear, give some kind of teeth to the Council to eithehr harrass or humiliate or even haunt, though perhaps in rare cases, an honest and an upright dissenter in the Press and newspaper world.

7. Again, I feel that the objects of the Council should not merely to preserve but also to enhance and strengthen the freedom of the Press, and among the more important functions of the Council should be one of helping newspapers and news agencies to maintain their independence as well as integrity. These aspects are not clearly mentioned or properly covered in the amended Bill.

V. G. MAVALANKAR.

NEW DELHI;

July 17, 1978.

26 Asadha' 1900 (Saka).

in

The Press Council being a body created by the Government through statute, I am of the opinion that a code of conduct built up by this body will infringe the freedom of the journalists, specially those working in small, non-commercial papers and those working in the newspapers brought out by various political parties. The big newspapers generally toe the line of the Government and they may not mind entrusting the job of building code of conduct to the Press Council. But the Govern- ment can exercise indirect influence on the opposition parties by restric- ting the freedom of their newspapers through the code of conduct proposed in Chapter III clause 13 section 2(b).

Hence I am of the opinion that the above clause be deleted from

the Bill in the interest of freedom of the Press,

JAGJIT SINGH ANAND

NEW DELHI; July 17, 1978 VfAsadha, 1900~(Saka)

Bill No. XVIII-B of 1977

THE PRESS COUNCIL BILL, 1977

ARRANGEMENT OF CLAUSES

CHAPTER I

PRELIMINARY

CLAUSES

1. Short title and extent. 2. Definitions 3. Rule of construction respecting enactments not extending to

the States of Jammu and Kashmir and Sikkim.

CHAPTER II

ESTABLISHMENT OF THE PRESS COUNCIL

4. Incorporation of the Council. 5. Composition of the Council. 6. Term of office and retirement of members. 7. Conditions of service of members. 8. Committees of the Council. 9. Meetings of the Council and committees.

1/0. Vacancies among members or defect in the constitution not to

invalidate acts and proceedings of the Council.

11. Staff of the Council. 12. Authentication of orders and other instruments of the Council-

CHAPTER III POWERS AND FUNCTIONS or THE COUNCIL

13. Objects and functions of the Council. 14 power to censure. 15. General powers of the Council. lfl Levy of fees, 17 Payments to the Council. 18. Fund of the Council. 19. Budget. 20. Annual report. 21. Interim reports. 22. Accounts and dudit.

CHAPTER IV

MISCELLANEOUS

23. Protection of action taken in good faith 24- Members, etc., to be public servants. 25. Power to make rules. 26. Power to make regulations. 27. Amendment of Act 25 of 1867.

Bill No. XVIII—13 of 1977.

THE PRESS COUNCIL BILL, 1977

(AS REPORTED BY THE JOINT COMMITTEE)

[Words side-lined or underlined indicate the amendments suggested by

the Committee; asterisks indicate omissions.}

\

BILL

to establish a Press Council for the purpose of preserving the -freedom

of the Press and of maintaining and improving the standards of

newspapers and news agencies in India.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows: —

CHAPTER I

PRELIMINARY

1. (2) This Act may be called the Press Council Act, 1978.

(2) It extends to the whole of India.

Short title and extent.

2. In this Act, unless the context otherwise requires,-—

Defini- tions.

(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;

25 of 1867.

45 of 1955.

fe) the expressions "editor" and "newspaper" have the mean- ings respectively assigned to them in the Press and Registration of Books Act, 1&67, and the expression "working journalist" has the meaning assigned to it in the Working Journalists and other News- paper Employees (Conditions of Service) and Miscellaneous Pro- visions Act, 1955.

3. Any reference in this Act to a law which is not in force in the States of Jammu and Kashmir and Sikkim shall, in relation to those States, be construed as a reference to the corresponding law, if any, in force in those States.

Rules of construc- tion res- pec tnig enact- ments not extending to the States of •Jammu and Kash- mir and Sikkim.

CHAPTER II

ESTABLISHMENT OF THE PRESS COUNCIL

4. (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.

Incorpo- ration of the Council.

(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.

5. (1) The Council shall consist of a Chairman and twenty-eight

Cither members.

Compo- sition of the council.

(2) The Chairman shall be a person nominated by a Committee consis- ting 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 mem- bers 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 Gov- ernment in the Official Gazette.

(3) Of the other members—

(a) thirteen shall be nominated in accordance with such pro- cedure 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 other than editors in relation to newspapers published in Indian languages shall be not less than three and four respectively;

(t>) six shall be nominated in accordance with such procedure as may he prescribed from among persons who own or carry on the business of management of newspapers, so, however, that there shall be two representatives from each of the categories of big newspapers, medium newspapers and small newspapers;

(c) one shall be nominated in accordance with such procedure as may be prescribed from among persons who manage news agencies;

(d) three shall be persons having special knowledge or practical experience in respect of education and science, law, 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) five shall be members of Parliament of whom three shall be nominated by the Speaker from among the members ofthe* House of the People (Lok Sabha) and two shall be nominated by the Chairman of the Council of States (Rajya Sabha) from among its members:

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 total circulation of all its editions

exceeds fifty thousand copies for each issue;

(ii) "medium newspaper" if the total circulation of all its

editions exceeds fifteen thousand copies but does not exceed fifty

thousand copies for each issue;

(in) "small newspaper" if the total circulation of all its edi-

tions does not exceed fifteen thousand copies for each issue.

(4) Before making any nomination under clause (a), clause (b) cc clause (c) of sub-section (3), the Central Government in the case of the

first Cpuncil and the retiring Chairman of the previous Council in the case of any subsequent Council shall, in the prescribed manner, invite panels of names comprising twice the number of members to be nominated from such associations of persons of the categories referred to in the said clause (a), clause (b) or clause (c) as may be notified in this behalf by the Central Government in the case of the first Council and by the Coun- cil itself in the case of subsequent Councils.

(5) The Central Government shall notify the names of persons nomi- nated as members under sub-section (3) in the Official Gazette and every such nomination shall take effect from the date on which it is notified.

(6) The members of the Council notified under sub-section (5) shall elect from among themselves in accordance with such procedure as may be prescribed, a person to be a member of the Committee referred to in sub-section (2) and a meeting of the members of the Council for the pur- pose of such election shall be presided over by a person chosen from among themselves-

6. (1) Saye as otherwise provided in this section, the Chairman and

other members shall hold office for a period of three years:

Term of office and re- tirement of mem- bers.

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 fb) or clause (c) of sub-section (.?) of section 5 is censured under the provisions of sub-section (2) 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 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.

(5) The Chairman, may resign his office by giving notice in writing to the Central Government, and any other member may resign his

office by giving notice in writing to the Chairman; and upon such resigna- tion being accepted by the Central Government, or as the case may

be, the Chairman, the Chairman or the member shall be deemed to have vacated his office.

(6) Any vacancy arising under sub-section (2), sub-section (3), sub- section (4) or sub-section (5) or otherwise shall be filled, as soon as may be, by nomination in the same manner in which the member vacating office was nominated * * "' and the member so nomi- nated shall hold office for the remaining period in which the member in whose place he is no:minated would have held office.

(7) A retiring member shall be eligible for re-nomination for not

more than one term,

7. (I) The Chairman shall be a whole-time officer and shall be paid

Conditions of service of mem- bers.

such salary as the Central Government may think fit; and the other members shall receive such allowances or fees for attending the meet- ings 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 oTicc 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.

Commit- tees of the Council.

8. (1) For the purpose of pcrformig its functions under this Act, the Council may constitute from among its members such committees for general or specinl 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 (3) such other number of per- sons, 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.

9. The Council or any committee thereof shall meet at such times Meel ligs of the Council and com- mittees.

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.

10. No act or proceed.ng 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.

Vacancies among members or defect in the constitu- tion not to invali- date acts and pro- ceedings of the Council.

Staff of the Council.

11. (1) Subject to such rules as may be made by the Central Govern- ment 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.

12. 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.

Authenti- cation of order? and other instru- ments of the Council.

CHAPTER III

POWERS AND FUNCTIONS OF THE COUNCIL

13. (1) The qbjeets of the Council shall be to preserve the freedom

of tile Press and to maintain and improve the standards of newspapers and news agencies in India.

Objects and func- tions of the Council.

(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 wense of responsibility and public service among all those engaged in the profession of journalism;

(e) to keep under review any development likely to restrict the supply and dissemination of news of public interest and im- portance;

(f) to keep under review cases of assistance received by any newspaper or news agency in India from any foreign source includ- ing such cases as are referred to it by the Central Government or are brought to its notice by any individual, 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;

(g) to undertake studies of foreign newspapers, including those brought out by any embassy or other representative in India of a foreign State, their circulation and impact.

Explanation.—For the purposes of this clause, the expression "foreign State" has the meaning assigned to it in section 87A of the Code of Civil Procedure, 1908;

5 of 1908.

(h.) to promote a proper functional relationship among all classes of persons engaged in the production or publication of news- papers or in news agencies:

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;

14 of 1047.

(i) to concern itself with developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press;

(j) to undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government;

(kl) to do such other acts as may be incidental or conducive to

the discharge of the above functions.

Power to censure

14. (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 otf 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 journa- list 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 re- corded in writing, warn, admonish or censure the newspaper, the news agency¹, (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 ot£ the Chairman, there is no sufficient ground for hold- ing an inquiry.

(2) H the Council is of the opinion 'that it is necessary or expedient in the public interest so to do> it may require any newspaper to publish

therein in such manner as the Council thinks fit, any particulars 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.

(3) Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.

(4) The decision of the Council under sub-section (1), or sub-section (2), as the case may be, shall be final and shall not be questioned in any court of law.

General powers of the CounciL 15. (1) For the purpose of performing its functions or holding any, inquiry under this Act, the Council shall have the same powers through- out 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:—•

5 of 1908.

(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 prescribed.

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

(3) Every inquiry held by the Council shall be deemed to be a judi-

cial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.

45 of 1860.

(4) The Council may, if it considers it necessary for the purpose of carrying out its objects or for the performance of any of its functions under this Act, make such observations, as it may think fit, in any of its decisions or reports, respecting the conduct of any authority, including Government.

16. (1) The Council may, for the purpose of performing its functions Levy of fees.

under this Act, levy such fees, at such rates and in such manner, ag 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 (7) may be re-

covered as an arrear of land revenue.

Payments to the Council 17. 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.

Fund of the Council.

18. (i) 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.

19. The Council shall prepare, in such form and at such time each year Budget

as may be prescribed, a budget in respect of the financial year next en- suing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.

Annual report.

20. The Council shall prepare once eveiy 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 newsagencies 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.

21. Without prejudice to the provisions of section 20, the Council may Interim reports. prepare at any time during the course of a year, a report giving a sum- mary 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 Govern- ment and the Government shell cause the same to be laid before both Houses of Parliament.

22. The accounts of the Council shall be maintained and audited in Accouni s and audit.

&uch manner as may, In consultation with the Comptroller and Auditor- General of India, be prescribed.

CHAPTER IV

MISCELLANEOUS

23. (0 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.

Protee. lion oi action taken In good faith,

(2) No suit or other legal proceeding shall lie against any newspaper in respect of the publica'tion of any matter therein under the authority of the Council.

24. Every member of the Council and every officer or other employee

46 of 1860.

appointed by the Council shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

Members, etc., to be public servants.

25. (1) The Central Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act:

Power to make rulw.

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 fore- going 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), (6) and (c) of sub-section (.9) of section 5;

(b) the manner in which panels of names may be invited under sub-seation (4) of section 5;

(c) the procedure for election of a member of the Cbmmittee referred to in sub-section (2) of section 5 under sub-section (6) of that section;

|

(d) the allowances or fees to be paid to the members of the Council for attending the meetings of the Council, and other condi- tions of service of such members under sub-sections (1) and (2) of section 7;

(e) the appointment of the Secretary and other employees of the Council under section 11;

(f) the matters referred to in clause (f) of sub-section (1) of section 15;

(g) the rates at which fees may be levied by the Council under section 16 and the manner in which such fees may be levied;

(h) the form in which, and the time within which, the budget and annual report are to be prepared by the Council under sections 19 and 20 respectively;

(i) the manner in which the accounts of the Council are to be maintained and audited under section 22.

# * + ^ ^ ^" * *

(3) Every rule made under this section * * * shall be laid, as soon

as "may be after it is made, before each House of Parliament, while it is In session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

26. The Council may make regulations not inconsistent with this Act

and the rules made thereunder, for—

Power to nake regu- lations.

(a) regulating the meetings of the Council or any committee thereof and the procedure for conducting the business thereat under section 19;

(b) specifying the terms and conditions of service of the em- ployees, 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 may be made by regu- lations under this Act:

Provided that the regulations made under clause (b) shall be made only with the prior approval of the Central Government.

Amend- ment of Act 25 of 1867.

27. In sub-section (?) of section 8C of the Press and Registration of Books Act, 1867, for the words "consisting of a Chairman and another member to be appointed by the Central Government", the words and figures "consisting of a Chairman and another member to be nominated by the Press Council of India, established under section 4 of the Press Council Act, 1978, from among its members" shall be substituted.

S. S. BHALERAO,

Secretary-General.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 78