Press, Newspapers, News Agencies and Books Registration Act, 2013.

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Department: Science and Technology & Information Technology Department
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
or publisher of the newspaper mentioned in such declaration; or

 

(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
section 4, and where the notice is directed to the publisher of a newspaper to some conspicuous part of the premises where the publication of such newspaper is conducted as given in the publisher’s declaration under section 6, and at the office of news agency thereupon the notice shall be deemed to have been duly served.

 

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

 

FORM ‘A’

(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
entitled……………….…………………. appearing as** ……………………. in**………………. and printed and publisher or owner of the newspapers/news agency entitled……………………………………………………………………

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
Mr. ………………………….son of ………………………………to be printer or publisher or the printer and the publisher of the newspaper or owner of the news agency entitled…………………………appearing as **…………………. iii*** …………………………….

* 1. Strike out which is not applicable

**2. Here state the periodicity

***3. Here mention the language