Press, Newspapers, News Agencies and Books Registration Act, 2013.
Download FeedBack| Department: | Information & Public Relations Department Khyber Pakhtunkhwa |
|---|---|
| Main Category: | Acts |
| Specific Category Name: | Agency |
| Year | 2013 |
| Promulgation Date: | 20-03-2013 |
| Details: | THE
KHYBER PAKHTUNKHWA PRESS, NEWSPAPERS, NEWS AGENCIES AND BOOKS REGISTRATION ACT,
2013. (KHYBER
PAKHTUNKHWA ACT NO. XX OF 2013) CONTENTS PREAMBLE SECTIONS 1. Short title, extent and commencement. PART-I PRELIMINARY 2. Definitions. PART-II PRINTING
PRESSES, NEWSPAPERS AND NEWS AGENCIES 3. Particulars
to be printed on books and papers. 4. Keeper
of printing press to make declaration. 5. Publication
of newspapers. 6. Declaration
of the printer, publisher and an owner of news agency. 7. No
minor to be printer, publisher or editor. 8. Effect
of change of language, periodicity or place of publication. 9. Effect
if printer or publisher leaves Pakistan. 10. Authentication
of the declaration. 11. Effect
of non-publication of newspaper. 12. Restrictions
on foreign ownership of newspapers. 13. Deposit
of authenticated declaration. 14. Inspection
and supply of copies. 15. Copy
of declaration or newspapers to be prima facie evidence. 16. News declaration by persons who have
signed declaration and subsequently ceased to be printers or publishers. 17. Putting copy in evidence. 18. Person whose name has been incorrectly
published as editor may make declaration before a Regional Information Officer
concerned. 19. Cancellation of declaration. 20. Appeals. 21. Government advertisement. 22. Advertising agencies. PART-III DELIVERY OF
BOOKS 23. Copies of books printed to be delivered
gratis to Government. 24. Receipts of copies so delivered. 25. Disposal of copies. 26. Copies of newspapers printed to be
delivered gratis to Government. PART-IV PENALTIES 27. Penalty for contravention of section 3. 28. Penalty for keeping printing press
without making a declaration required by section 4. 29. Punishment for making false statement. 30. Penalty for printing or publishing
newspaper in contravention of the provisions of this Act. 31. Penalty for failure to make a
declaration. 32. Penalty for disseminating unauthorized
new-sheets and newspapers. 33. Penalty for not delivering book. 34. Penalty for failure to supply copies of
newspaper gratis to Government. 35. Recovery of amount payable to Government. 36. Responsibility of page in-charge. 37. Responsibility as regards to the
offences. 38. Cognizance of offence. PART-V REGISTRATION OF
BOOKS 39. Registration of memorandum of books. 40. Publication of the memoranda registered. PART-VI REGISTRATION OF
NEWSPAPERS 41. Appointment of Registrar and other
officers. 42. Register of newspapers. 43. Certificate of registration. PART-VII MISCELLANEOUS 44. Appointment of officers. 45. Service of notices. 46. Act to override other laws, etc. 47. Power to make rules. 48. Repeal and savings. SCHEDULE THE
KHYBER PAKHTUNKHWA PRESS, NEWSPAPERS, NEWS AGENCIES AND BOOKS REGISTRATION ACT,
2013. (KHYBER
PAKHTUNKHWA ACT NO. XX OF 2013) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 20th March,2013]. AN ACT to provide for
regulation of press, newspapers, news agencies and books
registration in the Province of the Khyber Pakhtunkhwa. WHEREAS it
is expedient to provide for regulation
of press, newspapers, news agencies and books registration in the Province of
the Khyber Pakhtunkhwa and for matters connected therewith or ancillary
thereto; It is hereby enacted as follows: 1. Short
title, extent and commencement.---(1)
This Act may be called the Khyber Pakhtunkhwa Press, Newspapers, News Agencies
and Books Registration Act, 2013. (2)
It shall extend to the whole of the
Province of the Khyber Pakhtunkhwa. (3)
It shall come into force at once. PART- I PRELIMINARY 2. Definitions.---In
this Act, unless there is anything repugnant in the subject or context,- (a) “advertising agencies” mean agencies
which are registered and operated for designing and release of advertisements; (b) “authenticated declaration” means a
declaration made and subscribed under section 6 and authenticated or deemed to
have been authenticated under section 10; (c) “book” includes every volume, part or
division of a volume, and pamphlet, in any language and every sheet of music,
map chart, or plan separately printed or lithographed; (d) “editor” means the person who controls
the selection of the matter that is published in a newspaper or is circulated
by news agency and whose name is specified in the declaration made under
section 6; (e) “Form” means a Form contained in the
Schedule; (f) “Government” means the Government of the
Khyber Pakhtunkhwa; (g) “Government
advertisements” mean all those advertisements issued by Government Departments
through Information Department; (h) “Information Department” means
Information, Public Relations and Culture Department, Government of the Khyber
Pakhtunkhwa; (i) “media list” means a list of
newspapers maintained in the Information Department for consideration of
advertisements; (j) “news agency” means an organization
which supply news reports, photographs, articles to newspapers, media houses
and other relevant organizations on payment and registered under the relevant
laws; (k) “newspaper” means any printed periodical
work containing public news or comments on public news and includes such other
class of periodical works as Government may, by notification in the official
Gazette, declare to be the newspaper; (l) “news-sheet” means any document or
poster other than a newspaper containing public news or comments on public
news; (m) “page in-charge” means sub -editor or any
person other than editor designated by the editor or the publisher or the
company or proprietor or the firm which owns the newspaper, periodical or book
published under this Act; (n) “paper” means any document including a
newspaper, other than a book; (o) “prescribed” means prescribed by rules; (p) “Registrar” means the Registrar of
newspapers for the Province appointed by Government under section 41 and
includes any other person appointed by Government to perform all or any of the
functions of the Registrar; (q) “printed” includes cyclostyling and
printing by lithography; (r) “printer” means a person who has made
and subscribed a declaration under
section 6; (s) “printing press” means a press and
includes all engines, machinery, types lithographic, implements, utensils and
other plant or materials used for the purpose of printing; (t) “Province” means the Province of the
Khyber Pakhtunkhwa; (u) “publisher” means a person who makes and
subscribes a declaration under section 6; (v) “register” means the register of
newspapers maintained under section 42; (w) “rules” mean rules made under this Act; (x) “unauthorized news agency” means any
news agency in respect of which there is not, for the time being, a valid
declaration under section 6; (y) “unauthorized newspaper” means any
newspaper in respect of which there is not, for the time being, a valid
declaration under section 6; (z) “unauthorized news-sheet” means any
news-sheet other than a news-sheet published by a person authorized under this
Act; and (aa) “unauthorized press” means any press other
than a press in respect of which there is, for the time being, a valid
declaration under section 4. PART-II PRINTING
PRESSES, NEWSPAPERS AND NEWS
AGENCIES 3. Particulars
to be printed on books and papers.---Every book or paper printed within the
Province shall have printed legibly on it, the name of the printer and the
place of publication along with date. 4. Keeper
of printing press to make declaration.---(1) No person shall keep in his
possession any press for printing of books or papers, unless he has made and
subscribed before the Regional Information Officer concerned within whose local
jurisdiction such press may be, by a declaration in Form ‘A’ or such other form
as may be prescribed, and the Regional Information Officer concerned shall,
immediately upon the filing of such Form, issue a receipt for the same. (2) Every declaration made and subscribed
under sub-section (1) shall be authenticated under the signature and official
seal of the Regional Information Officer before which the said declaration is
made. (3) The Regional Information Officer concerned
shall, by an order in writing, refuse to authenticate a declaration made and
subscribed under sub-section (1), if he is satisfied that- (a) the title of the printing press proposed
to be kept or operated is the same as the title of any printing press already
being operated at any place in the Province; or (b) the printer was convicted of an offence
involving moral turpitude within five years before the date of his making and
subscribing the declaration. (4)
The Regional Information Officer concerned
shall not pass an order under sub-section (3), without giving to the person
making the declaration, through a notice in writing, an opportunity of being
heard. (5) In case the Regional Information Officer
concerned fails to authenticate a declaration under sub-section (2), or pass an
order under sub-section (3), within a period of ninety days, the declaration
made by the printer shall be deemed to have been authenticated on the expiry of
the aforesaid period. (6) As often as the place where a printing
press is kept changed, the keeper of the press shall, within fourteen days of
such change, inform the Regional Information Officer concerned in writing of
the change along with the new location: Provided that if
the place where the press is shifted to another district, the keeper of the
press shall inform the Regional Information Officer concerned of both the
districts from which, and to which, the press is shifted. 5. Publication
of newspapers.---No newspaper shall be published except in conformity
with the provisions of this Act and without prejudice to the provisions of
section 3, every copy of every such newspaper shall contain the name of the
owner and editor thereof, printed clearly on such copy, and also the date of
its publication. Similarly, no news agency shall disseminate or defuse news
except in conformity with the provisions of this Act unless there subsists a
declaration authenticated by the Regional Information Officer concerned. 6. Declaration
of the printer, publisher and an owner of news agency.---(1)
The printer and publisher of every newspaper or an owner of news agency shall
appear in person or by an agent, authorized in this behalf, before the Regional
Information Officer concerned within whose local jurisdiction such newspaper
shall be printed or published, or news agency ordinarily operates and shall
make and subscribe, in duplicate originals, a declaration in Form ‘B’ or in
such other form as may be prescribed, and the Regional Information Officer
concerned shall, immediately upon the filing of such Form, issue a receipt for
the same. (2) Every declaration shall specify the
title of the newspaper, the language in which it is to be published, the
periodicity of its publication and shall contain such other particulars as may
be prescribed to include bank, where account will be operated and financial
funding, if any. (3) Where the printer or publisher of a
newspaper, making a declaration, is not the owner thereof, the declaration
shall specify the name of the owner, and shall also be accompanied by an
authority, in writing, from the owner, authorizing such person to make and
subscribe such declaration. (4) Each publisher or owner of the
newspaper, while applying for a declaration of a periodical, will declare on
affidavit that he will pay salaries to his employees as per Wage Board Award. (5) The declaration of news agency shall
contain language of dissemination of news and credit lines to include bank,
where account will be operated. (6) Submission of declaration and its
authentication under this Act shall be necessary before the publication of
newspaper or dissemination of news by any news agency. (7) The declaration, submitted by the
publisher under sub-section (6) shall be accompanied by an undertaking by the
editor to abide by the Ethical Code of Practice contained in the Schedule to the
Press Council of Pakistan Ordinance, 2002 (Ord. No. XCVII of 2002). (8) The declaration of the newspaper once
authenticated, shall not be transferred to anyone by the publisher, except his
family members which shall includes his father, mother, wife, brother, sister,
son and daughter. 7. No
minor to be printer, publisher or editor.---No person who has not attained
the age of eighteen years shall be permitted to make a declaration under
section 6, nor shall any such person edit a newspaper. 8. Effect
of change of language, periodicity or place of publication.---(1) If, at any time, after making of a
declaration under section 6, the newspaper to which the declaration relates is
proposed to be printed or published in a language or languages, with a
periodicity, or at a place, other than the language, periodicity or place shown
in the declaration, the printer or publisher shall notify such change to the Regional
Information Officer concerned within whose jurisdiction the newspaper is
printed and published. (2) In case the place of publication or
printing is proposed to be changed to a district other than the district from
where the newspaper was being printed or published, the information under
sub-section (1) shall also be conveyed to the Regional Information Officer
concerned within whose jurisdiction the newspaper is proposed to be printed or
published. (3) In case the place of publication or
printing is proposed to be changed to a district in a Province, other than the
Province from where the newspaper was being printed or published the printer
and publisher of the newspaper shall make and subscribe in respect thereof, a
fresh declaration under section 6, before further printing or publishing the
newspaper. 9. Effect
if printer or publisher leaves Pakistan.---If at any time the printer or
the publisher who has made a declaration under section 6, leaves Pakistan, the
declaration shall become void unless- (a) the absence of the printer or the
publisher from the Pakistan be for a period not exceeding one year; and (b) the printer or the publisher, before
leaving Pakistan, informs in writing, to the Regional Information Officer
concerned within whose Jurisdiction the newspaper is printed or published, of
his intended absence and the name of the person who has undertaken to
discharge, in his absence and on his behalf, the responsibilities of the
printer or the publisher, and furnishes to the Deputy Commissioner a statement
in writing of that person accepting these responsibilities. 10. Authentication
of the declaration.---(1) Subject to the provisions of sub-sections (2)
and (3), each of the duplicate originals of every declaration made and
subscribed under section 6 shall be authenticated by the signature and official
seal of the Regional Information Officer concerned before whom the said
declaration is made. (2) The Regional Information Officer
concerned may not authenticate the declaration, if he is satisfied that- (a) the declaration has been filed by a
person other than the owner of the newspaper or the printing press or a person
not authorized by such owner; or (b) the title of the newspaper proposed to be
published is the same or having similarity to the title of any newspaper
already being published in the same language at any place in the Country, not
being a newspaper of different periodicity published by the same publisher or
another edition of the same newspaper published from another place; or (c) the declaration has been filed by a
person who was convicted of criminal offence involving moral turpitude or
willful default of public dues; or (d) the declaration has been cancelled or
denied anywhere else in Pakistan. (3) The Regional Information Officer
concerned shall not pass an order under sub-section (2), without giving to the
person making the declaration, through a notice in writing, an opportunity of
being heard and rebutting the evidence that may be available against him. (4) In case the Regional Information Officer
concerned fails to authenticate a declaration under sub-section (1), or pass an
order under sub-section (2), within a period of ninety days, the declaration
made by the publisher, printer and news agency shall be deemed to have been
authenticated on the expiry of the said period. 11. Effect
of non-publication of newspaper.---(1) If a newspaper, in respect of which
a declaration has been made under section 6, is not published, at the frequency
reflected therein, within three months of the date on which such declaration is
authenticated under section 10, the declaration shall become void. (2) Where a declaration becomes void under
sub-section (1), the printer and the publisher shall make and subscribe a fresh
declaration under section 6, before printing or publishing the newspaper, and
the provisions of sub-section (1), shall apply to the fresh declaration and to
any subsequent fresh declaration. (3) Where a newspaper after publication is
not published- (a) in the case of a daily newspaper,
everyday, except All Pakistan Newspapers Society (APNS) declared holiday; (b) in the case of a weekly newspaper, for
twenty-four weeks in a calendar year; (c) in the case of a fortnightly newspaper,
for two months; (d) in the case of a monthly newspaper, for
four months; (e) in the case of a quarterly newspaper,
for six months; (f) in the case of a six-monthly newspaper,
for one year; and (g) in the case of a news agency for sixteen
days in a calendar month, the declaration made in respect of
newspaper or news agency shall become null and void, and formal notification
will be issued by the Information Department, and the printer and the publisher
and the news agency shall make and subscribe a fresh declaration under section
6, before further printing or publishing the newspaper or disseminating news,
and to every such fresh declaration the provisions of the two foregoing
sub-sections shall, without prejudice to the provisions of this sub-section,
apply. (4) Where a declaration becomes void under
sub-section (1) or sub-section (3), and a fresh declaration is made under section
6, the decision with regard to its authentication shall be made within a period
of ninety days. (5) Nothing in sub-section (1) or
sub-section (3), shall apply in the case of a printer, publisher or owner of a
news agency who, within the period stated therein and applicable to the
particular case, show to the satisfaction of the Regional Information Officer
concerned that the newspaper has not been, or cannot be published, or as the
case may be, the news agency could not disseminate news for reasons which are
beyond their control. 12. Restrictions on foreign ownership of newspapers.---No person, who is not a citizen of
Pakistan, shall own or hold any interest in any newspaper print or publish in a
Province except with the previous approval of Government, and no such person
shall in any case own or hold more than twenty-five per cent of the entire
proprietary interest of any such newspaper, whether in the form of shares or by
way of sole ownership, partnership or otherwise. 13. Deposit
of authenticated declaration.---The duplicate originals of the declarations
authenticated or the receipts of the declarations which are deemed to have been
authenticated under section 10, shall be deposited in the office of the
Registrar. 14. Inspection
and supply of copies.---(1) The officer-in-charge of each original shall
allow any person to inspect the original on payment of a fee of one hundred
rupees and shall give to any person, applying, a copy of the said declaration
attested by the seal of the officer which has the custody of the original, on
payment of a fee of one hundred and fifty rupees. (2) A copy of the declaration attested by
the official seal of the Regional Information Officer concerned or a copy of
the order refusing to authenticate the declaration shall be forwarded, as soon
as possible, to the person making and subscribing the declaration and also to
the Registrar. 15. Copy
of declaration or newspapers to be prima facie evidence.---In any legal
proceeding, whether civil, criminal or otherwise, a copy of a declaration and a
copy of the newspaper having the name of a person printed thereon, as its
editor, shall be sufficient evidence, unless the contrary is proved, as against
the person whose name has been subscribed in such declaration, or printed on
such newspaper, as the case may be, that the said person was a printer or
publisher, or printer and publisher (according as the words of the said
declaration) may be of every portion of every newspaper whereof the title
corresponds with the title of the newspaper mentioned in the declaration or the
editor of every portion of that issue of the newspaper of which a copy is
produced. 16. News
declaration by persons who have signed declaration and subsequently ceased to
be printers or publishers.---Every person who having subscribed a
declaration under section 6 either personally or under the authority of the
owner of the newspaper, subsequently ceases for any reason to be the printer or
publisher of the newspaper mentioned in such declaration shall be communicated
by the owner of the newspaper or its authorized representative in the
prescribed manner to the Regional Information Officer concerned, on a
declaration in Form ‘C’ or such other form as may be prescribed. 17. Putting
copy in evidence.---In
all trials or legal proceedings in any Court of law in which a copy of
declaration under section 6 attested in accordance with section 14, has been
put in evidence, it shall be lawful to put in evidence a copy attested as is
aforesaid of the later declaration and the former declaration shall not be
taken to be evidence that the declarant was, at any period subsequent to the
date of the latter declaration, printer or publisher of the newspaper therein
mentioned. 18. Person
whose name has been incorrectly published as editor may make declaration before
a Regional Information Officer concerned.–-(1) If any person whose name has
appeared as editor in a copy of a newspaper claims that he was not the editor
of the issues on which his name has so appeared, he may, within two weeks of
his becoming aware that his name has been so published, appear before a Regional
Information Officer concerned, and make a declaration that the name was
incorrectly published in that issue as that of the editor thereof, and, if the Regional
Information Officer concerned, after making such inquiry, or causing such
inquiry to be made, as he considers necessary, is satisfied that such
declaration is true, he shall certify accordingly within three days, and on
that certificate being given the provisions of section 15 shall not apply to
that person in respect of that issue of the newspaper. (2) The Regional Information Officer
concerned may extend the period allowed by this section in any case where he is
satisfied that such person was prevented by sufficient cause from appearing and
making the declaration within that period. 19. Cancellation
of declaration.---(1) On the
application of the Registrar either suo moto or based on the information
through any person, the Regional Information Officer concerned empowered to
authenticate a declaration under this Act, is of the opinion that any
declaration made in respect of a newspaper shall have to be cancelled, he may,
after giving the person concerned an opportunity of showing cause against the
action proposed to be taken, hold an enquiry into the matter and if, after
considering the cause, if any, shown by such parties and after giving them
reasonable opportunity of being heard, he is satisfied that- (a) the news paper, in respect of which the
declaration has been made, is being published in contravention of the
provisions of this Act or rules; or (b) the newspaper mentioned in the
declaration bears a title which is the same as or similar to, that of any other
newspaper published either in the same language or in the Province; or (c) the printer and publisher has ceased to
be the printer (d) the declaration was made on knowingly
false representation on the concealment of any material fact or in respect of a
periodical work which is not a newspaper, the Regional Information Officer
concerned may, by an order, cancel the declaration and shall forward, as soon
as possible, a copy of the order to the person making or subscribing the
declaration and also to the Registrar; or (e) the newspaper carries Photostat material,
copied from other newspapers, including editorial etc. (2) During the period of sixty days of the
cancellation order no person shall be issued a declaration in the name of the
same title to any other person. 20. Appeals.---(1) Any person
who has been refused authentication of a declaration under this Act or whose
declaration has been cancelled may, within thirty days from the date of such
order, prefer an appeal to the High Court. (2) The High Court shall, after giving
notice to the appellant and Government, hear and dispose of the appeal within
sixty days of its institution and pass such order, as it may deem fit. 21. Government
advertisement.---(1) No periodical shall claim Government advertisements
as its right, which is the sole discretion of Government. (2) Any newspaper or periodical refusing the
publication of Government advertisements, within a period as may be specified
by Government, shall stand excluded from the media list for a period of thirty
days. 22. Advertising
agencies.---Only
those advertising agencies shall be allowed to work in Government sector, which
are registered with Government. PART -III DELIVERY OF
BOOKS 23. Copies
of books printed to be delivered gratis to Government.---(1) Printed copies of the whole of
every book which shall be printed in the Province after the commencement of
this Act, together with all maps, prints or other engraving belonging thereto
finished and coloured in the same manner as the best copies of the same, shall
notwithstanding any agreement, if the book be published, between the printer
and publisher thereof, be delivered by the printer to the Information
Department or to such officers and at such place, as Government may, by
notification in the official Gazette, from time to time direct and free of cost
to Government, as follows, that as to say- (a) in any case within one calendar month
after the date of publication of such book shall first be delivered out of the
press, one such copy; and (b) if within one calendar month form such
day, Government shall require the printer to deliver other such copies not
exceeding four in number, then within one calendar month after the day on which
any such requisition shall be made by Government on the printer, another such
copy or two other such copies, as Government may direct. (2) Notwithstanding anything contained in
clause (a) of sub-section (1), shall apply to any second or subsequent edition
of a book in which no additions or alterations either in the letter press or in
the maps, prints or other engravings belonging to the book have been made and a
copy of the first or same preceding edition of which book has been delivered
under this Act or published in conformity with the provisions of this Act. 24. Receipts
of copies so delivered.---The officer to whom copies of a book are
delivered under section 23, shall give to the printer a receipt in writing
therefor. 25. Disposal
of copies.--- Copies delivered pursuant to section 23 of this Act shall be
disposed of in the manner as Government may, from time to time, determine. 26. Copies
of newspapers printed to be delivered gratis to Government.---The printer
of every newspaper shall deliver at such place and to such officer as
Government may, by notification in the official Gazette, direct, free of cost,
ten copies of each issue of such newspaper, as soon as, it is published. PART -IV PENALTIES 27. Penalty
for contravention of section 3.---Whoever prints or publishes any book or
paper or disseminates news in contravention of the provisions of section 3
shall be punishable with fine which may extend to one hundred thousand rupees
but shall not be less than thirty thousand rupees or with simple imprisonment
for a term which may extend to one year but shall not be less than one month or
with both. 28. Penalty
for keeping printing press without making a declaration required by section
4.---Whoever keeps in his possession any printing press without making a
declaration as is required under section 4, shall be punishable with fine which
may extend to one hundred thousand rupees but shall not be less than thirty
thousand rupees or with imprisonment for a term which may extend to one year
but shall not be less than one month or with both. 29. Punishment
for making false statement.---Any person who, in making any declaration
under this Act, makes a statement which is false and which he either knows or
believes to be false, or does not believe to be true, shall be punishable with
fine which may extend to one hundred thousand rupees but shall not be less than
thirty thousand rupees and with imprisonment for a term which may extend to one
year but shall not be less than one month or with both. 30. Penalty
for printing or publishing newspaper in contravention of the provisions of this
Act.---Whoever edits, prints or publishes any newspaper in contravention of
the provisions of this Act, or whoever edits, prints or publishes, or causes to
be edited, printed or published, any newspaper knowing that the said provisions
have not been observed with respect to that newspaper, shall be punishable with
fine which may extend to one hundred thousand rupees but shall not be less than
thirty thousand rupees or with imprisonment for a term which may extend to one
year but shall not be less than one month or with both. 31. Penalty
for failure to make a declaration.---If any person, who has ceased to be a
printer or publisher of any newspaper fails or neglects to make a declaration
in compliance with section 16, he shall be punished with fine which may extend
to two hundred thousand rupees but shall not be less than fifty thousand
rupees. 32. Penalty
for disseminating unauthorized new-sheets and newspapers.---Whoever makes,
prints, or otherwise produces, sells, distributes, publishes or publicly
exhibits or keeps for sale, distribution or publication, any unauthorized
news-sheet or unauthorized newspaper or unauthorized news agency, which shall
be punished with imprisonment for a term, which may extend to six months but
shall not be less than fifteen days or with fine, which may extend to fifty
thousand rupees but shall not be less than twenty thousand rupees or with both. 33. Penalty
for not delivering book.---If any printer of any such book as is referred
to in section 23, neglects to deliver copies of the same in pursuance of that
section, he shall, on the complaint of the officer to whom the copies should
have been delivered or of any person authorized by the officer in this behalf,
shall be punished with fine, which may extend to five thousand rupees for each
such default, and in addition to such fine, shall pay to Government such
further sum as the Court may determine to be the value of the copies which the
printer ought to have delivered. 34. Penalty
for failure to supply copies of newspaper gratis to Government.---If any printer of any newspaper
published, neglects to deliver copies of the same in compliance with section
26, he shall, on the complaint of the officer to whom the copies should have
been delivered or of any person authorised by that officer in this behalf, be
punished with fine, which may extend to ten thousand rupees and shall not be
less than five thousand rupees for each such default. 35. Recovery
of amount payable to Government.---Any sum payable to Government under
sections 31, 32, 33 and 34, may be recovered under the warrant of the
Magistrate of the First Class determining the sum or by his successor in
office, in the manner authorized by the Code of Criminal Procedure, 1898. 36. Responsibility
of page in–charge.---(1)
The page in-charge shall, in the supervision and superintendence of editor be
responsible for checking the contents of the pages and ensure due satisfaction
of the material sent to the printer and publisher for publication. (2)
Every publisher shall submit the
intimation in writing, as furnished by the editor, with respect to the
responsibilities of page in-charge with his acceptance to the office of
concerned Regional Information Officer concerned and a copy to the Registrar. 37. Responsibility
as regards to the offences.---Notwithstanding any thing contained in
this Act or any other law for the time being in force, only such person or
persons by whose willful intention, mistake, negligence or ignorance any
material is published which is an offence under this Act, shall be tried and
punished. 38. Cognizance
of offence.---No Court inferior to that of a Magistrate of the
First Class, shall take cognizance of, or try, an offence punishable under this
Act except on a complaint made in writing by Government or by an officer
authorized in this behalf. PART -V REGISTRATION OF
BOOKS 39. Registration
of memorandum of books.---There
shall be kept at such office, and by such officer, as Government shall appoint
in this behalf, a book to be called a catalogue of books wherein shall be
registered, a memorandum of every book which shall have been delivered pursuant
to section 23. Such memorandum shall so far as may be practicable, contain the
following particulars, that is to say- (a) the title of the book and the contents of
the title page; (b) the language in which the book is
written; (c) the name of the author, translator or
editor of the book or any part thereof; (d) the subject; (e) the place of printing and the place of
publication; (f) the name or firm of the printer and the
name or firm of the publisher; (g) the date of issue from the press or of
the publication; (h) the number of sheets, leaves or pages; (i) the size; (j) the map included in the book along with
source and area; (k) the first, second or other number of the
edition; (l) the number of copies of which the
edition consists; (m) whether the book is printed, cyclostyled
or lithographed; (n) the price at which the book is sold to
the public; and (o) the name and residence of the proprietor
of the copyright or of any portion of such copyright. 40. Publication
of the memoranda registered.---The memoranda registered during each
quarter in the said catalogue of books shall be published in the official
Gazette, as soon as, may be after the end of quarter. PART -VI REGISTRATION OF
NEWSPAPERS 41. Appointment
of Registrar and other officers.---Government shall appoint a civil servant
of basic pay scale 19 as Registrar of newspapers and such other officers under
the general superintendence and control of the Registrar as may by general or
special order provide for the distribution or allocation of function to be
performed by them under this Act. 42. Register
of newspapers.---(1) The Registrar shall maintain a register of
newspapers, which as far as may be practicable, contain the following
particulars about every newspaper published, namely,- (a) the title of the newspaper; (b) the language in which the newspaper is
published; (c) periodicity of the publication of the
newspaper; (d) the name of the editor, printer and
publisher of the newspaper; (e) the place of printing and publication; (f) the average number of pages per week; (g) the number of days of publication in the
year; (h) retail selling price per copy; and (i) the names and addresses of the owners
of the newspaper and such other particulars relating to ownerships as may be
prescribed. (2) On receiving information, from time to
time, about the aforesaid particulars, the Registrar shall cause relevant
entries to be made in the register and may take such necessary alterations or
corrections therein, as may be required, for keeping the register up-to-date.
He will also co-ordinate with Press Registrar, appointed by the Federal
Government. 43. Certificate
of registration.---(1) On receiving a copy of declaration from
the Deputy Commissioner, the Registrar shall within seven days, issue a
certificate of registration of the newspaper to its publisher. (2) The registration of daily newspapers
will be renewed within the month of January every year by making a payment of
rupees twenty thousand and in case of non payment the declaration shall become
null and void in the month of February and consequently the concerned Regional
Information Officer concerned shall issue cancellation order. PART -VII MISCELLANEOUS 44. Appointment
of officers.---Government may appoint any officer or officers to carry out
the purposes of this Act, and such officer or officers shall have such duties
and powers in respect of the regulation of matters pertaining to printing
presses, books, papers, printers, publishers and the news agencies as
Government may assign. 45. Service
of notices.---Every notice
under this Act shall be sent to a Magistrate of having jurisdiction who shall
cause it to be served in the manner provided for the service of summons under
the Code of Criminal Procedure, 1898 (Act V of 1898): Provided that if
service in such manner cannot, by the exercise of due diligence, be effected,
the serving officer shall where the notice is directed to the keeper of a
press, affix a copy thereof to some conspicuous part of the place where the
press is situated as described in the keeper’s declaration under 46. Act to override other laws, etc.---This Act
shall have effect notwithstanding anything contained in any other law, for the
time being in force. 47. Power
to make rules.---Government may, by notification in the official Gazette,
make rules for carrying out the purposes of this Act. 48. Repeal
and savings.---(1) Press, Newspaper, News Agencies and Books Registration
Ordinance, 2002 (Ord. No. XCVIII of 2002) is hereby repealed to the extent of
the Province of the Khyber Pakhtunkhwa. (2)
Notwithstanding the repeal of the
Press, Newspapers, New Agencies and Books Registration Ordinance, 2002 (Ord.
No. XCVIII of 2002), hereinafter referred to as the said Ordinance, every
declaration made, subscribed or authenticated under the said Ordinance or any
other law before the commencement of this Act shall be deemed to have been
made, subscribed or authenticated under this Act. (3) Anything done, action taken, rule made
or notice issued under the said Ordinance or any law relating to printing press
and publications shall remain in force and be deemed to have been done, taken,
made or issued under this Act. SCHEDULE (see section 4) DECLARATION OF
THE KEEPER OF PRESS I,…………………..…….(name), son
of………………………………...residing at……………………. on behalf of
M/s………………………….do hereby declare that under the authority of M/S………………………, I
have a press* for printing at …………………….Distt…………………….** *Give capacity, make and type of press ** Give Full description and address of
the premises where the press may be situated. FORM ‘B’ (see section 6) DECLARATION OF
THE PRINTER AND/OR PUBLISHER OF NEWSPAPER/OWNER
OF NEWSPAPERS/NEWS AGENCY I, ………….…………….(name ) , son of
…………………..………. residing at …………………….on behalf of M/s ……………………. do
hereby declare that, under the authority of M/s ……………………. I am the
printer/publisher or printer and publisher or owner of the newspaper/news
agency appearing as ** …………………..in**…………………….
.and printed or published or printed and published or disseminate news at
…………………… FORM ‘C’ (see section 16) DECLARATION OF
PERSON WHO CEASES TO BE PRINTER AND/OR PUBLISHER/OWNER OF THE NEWS AGENCY I,……………………………(name), son
of……………………………,on behalf of M/s ……………………….at……………………….., do hereby declare that
I/We have ceased / withdrawn my/ our authority in favour of * 1. Strike out which is not applicable **2. Here state the periodicity ***3. Here mention the language |