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1
MAHARASHTRA ACT No. XXIX OF 2019.
(First published, after having received the assent of the President in the
‘‘ Maharashtra Government Gazette ’’, on the 8th November 2019).
An Act to provide for the prevention of violence against Media
Persons while carrying out their duties as Media Persons and
prevention of damage or loss of property of Media Persons or Media
Institutions in the State of Maharashtra and for matters connected
therewith or incidental thereto.
WHEREAS acts of violence causing injury or danger to life of Media
Persons and damage or loss to the property of Media Persons or Media
Institutions are creating unrest in the State ;
AND WHEREAS it has become necessary to provide for the prevention
of violence against Media Persons and prevention of damage or loss of
property of Media Persons or Media Institutions from such violent activities,
(1)
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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of
the Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to
Property) Act, 2017 (Mah. Act No. XXIX of 2019), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT,
Secretary (Legislation) to Government,
Law and Judiciary Department.
—————————
RNI No. MAHENG / 2009 / 35528
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and for the matters connected therewith or incidental thereto; it is hereby
enacted in the Sixty-eighth Year of the Republic of India as follows :––
1.
(1) This Act may be called the Maharashtra Media Persons
and Media Institutions (Prevention of Violence and Damage or Loss to
Property) Act, 2017.
(2) It extends to the whole of the State of Maharashtra.
2.
(1) In this Act, unless the context otherwise requires––
(a) “Media Institution” includes any registered Newspaper
Establishment, News Channel Establishment, News-based
Electronic Media Establishment or News Station Establishment ;
(b) “Media Person” means a person whose principal avocation
is that of a journalist and who is employed as a journalist, either on
regular or contract basis, in, or in relation to, one or more media
institutions and includes an Editor, Sub-Editor, News Editor,
Reporter, Correspondent, Cartoonist, News-Photographer,
Television Cameraman, Leader-Writer, Feature-Writer,
Copy-tester and Proof-Reader, but does not include any such person
who––
(i) is employed mainly in a managerial or administrative
capacity ; or
(ii) being employed in a supervisory capacity, performs,
either by the nature of the duties attached to his office or by
reason of the powers vested in him, functions mainly of a
managerial nature ;
(c) “Newspaper” means any printed or online periodical work
containing public news or comments on public news and includes
such other class of printed or periodical work as may, from time to
time, be notified in this behalf by the Central Government in the
Official Gazette, under the Journalist and other Newspaper
Employees (Conditions of Service) and Miscellaneous Provisions
Act, 1955 ;
(d) “News Channel” means a television channel which is
registered as news channel with the Ministry of Information and
Broadcasting, Government of India ;
(e) “Newspaper Establishments” means an establishment
under the control of any person or body of persons, whether
incorporated or not, for the production or publication of one or more
newspapers or for conducting any news agency or syndicate.
Explanation.—For the purposes of this clause,––
(i) different departments, branches and centres of
newspaper establishments shall be treated as parts thereof ;
(ii) a printing press shall be deemed to be a newspaper
establishment if the principal business thereof is to print
newspaper;
Short title
and extent.
Definitions.
45 of 1955.
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(f) “News-based Electronic Media” means any news-based
electronic media that uses electronic devices for the end user to
access the content ;
(g) “News Station” means a television or radio station which
produces and broadcasts news;
(h) “offender” means any person, who either by himself or as a
member or leader of a group of persons or organization commits or
attempts to commit or abets or instigates or provokes the commission
of violence under this Act ;
(i) “property” means any property, movable or immovable or
equipment or machinery owned by or in possession of any Media
Person or Media Institution ;
(j) “violence” means an act, which causes or may cause any
harm, injury or endangering the life of any Media Person during
the discharge of his duty as a Media Person, or causing damage or
loss to the property belonging to any Media Person or Media
Institution.
3.
Any act of violence against a Media Person or damage or loss
to the property of Media Person or Media Institution shall be prohibited.
4.
Any offender, who commits or attempts to commit or abets or
instigates or provokes the commission of any act of violence in
contravention of the provisions of section 3, shall be punished with
imprisonment which may extend to three years, or with fine, which may
extend to fifty thousand rupees, or with both.
5.
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, a police officer not below the rank of Deputy
Superintendent of Police shall investigate any offence under this Act.
6.
Any offence committed under this Act, shall be cognizable and
non-bailable and triable by the Court of Judicial Magistrate of the First
Class.
7.
(1) In addition to the punishment specified in section 4, the
offender shall be liable to pay compensation for damage or loss caused
to the property of Media Person or Media Institution, as may be
determined by the Court referred to in section 6 and he shall also be
liable to reimburse medical expenditure incurred by the Media Person.
(2) If, any person upon conviction under this Act has not paid the
compensation and medical expenditure imposed under sub-section (1),
the same shall be recovered as if it were arrears of land revenue.
8.
(1) Whoever, being a Media Person willfully misuses the
provisions of this Act or uses the same for malicious purposes or makes
a false complaint under this Act shall be punishable with imprisonment
which may extend to three years, or with fine, which may extend to fifty
thousand rupees, or with both.
(2) The Media Person, after conviction under sub-section (1), shall
not be entitled for any Government benefit as a Media Person, and his
accreditation card, if any, shall be permanently revoked.
Prohibition
of violence.
Penalty.
2 of
1974.
Cognizance
of offence.
Liabilities to
pay
compensation
for damage
or loss
caused to
property.
Punishment
for misuse of
provisions
contained in
this Act.
Investigation
of offence.
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9.
The provisions of this Act shall be in addition to, and not in
derogation of, the provisions of any other law for the time being in force.
Act not in
derogation of
any other
law.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR
DR. NAMDEO KONDAJI BHOSALE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR DR. NAMDEO KONDAJI BHOSALE.