section 5
Rules as to publication of newspapers
The Press or Pustak Ragistrikaran Adhiniyam, 1867(1) Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the name of the owner and editor thereof and also the date of its publication. (2) Every such newspaper shall be printed or published under the declaration of the printer or publisher, or by the authorised agent of such person (in accordance with the rules made under section 20), before the District, Presidency or Sub-divisional Magistrate, within whose local jurisdiction such newspaper shall be printed or published, and shall make and sign the following declaration: “I, A.B., declare that I am the printer or publisher (or printer and publisher) of the newspaper entitled ........... and printed or published (or printed and published) at ........... (place).” And in the first line of the form of said declaration, all fields regarding where it is printed or published will be filled correctly and accurately. (2A) In every declaration under sub-section (2), the name of the newspaper, the language in which it is published and its periodicity shall be specified and it shall also include such other details as may be prescribed. (2B) Where the printer or publisher of a newspaper making a declaration under sub-section (2) is not the owner thereof, such declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the person so authorised to make and sign the declaration. (2C) It shall be necessary to make a declaration under sub-section (2) and to have it authenticated under section 6 regarding such newspaper before publishing such newspaper. (2D) Where there is a change in the name of the newspaper, its language or its periodicity, the declaration shall become void and a new declaration shall be required before continuing the publication of the newspaper. (2E) A new declaration shall be required as many times as there is a change in the ownership of the newspaper. (3) A new declaration shall be required as many times as there is a change in the place of printing or publication: Provided that where such change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of the Magistrate specified in sub-section (2), no new declaration shall be required if— (a) within twenty-four hours of the change, information about the change is given; and (b) the printer or publisher or printer and publisher of the newspaper remains the same person. (4) Every printer or publisher who has made the declaration shall, as many times as he goes out of India for a period exceeding thirty days or where such printer or publisher is unable to perform his duties due to illness or otherwise for a period exceeding thirty days in such circumstances in which he does not vacate his post, a new declaration shall be required. (5) Where the commencement of the publication of a newspaper— (a) in the case of a newspaper published once a week or more than once a week, within six weeks of the authentication of the declaration under section 6; and (b) in the case of any other newspaper, within three months of the authentication of the declaration under section 6, is not done, then every declaration made regarding the newspaper shall become void and a new declaration shall be required before publishing the newspaper in every such case. (6) Where in any period of three months, any daily, bi-weekly, tri-weekly, weekly or fortnightly newspaper, publishes its issues in such numbers which is less than the number to be published according to the declaration made at that time, then the declaration shall become void and a new declaration shall be required before continuing the publication of the newspaper. (7) Where the publication of any other newspaper has been stopped for a period exceeding twelve months then every declaration made regarding it shall become void, and a new declaration shall be required before the re-publication of the newspaper. (8) Every existing declaration regarding any newspaper shall be cancelled by the Magistrate before whom a new declaration regarding the same newspaper is made and signed: Provided that no person who does not ordinarily reside in India or who has not attained majority according to the Indian Majority Act, 1875 or according to the law to which he is subject in respect of the attainment of majority, shall be authorised to make a declaration under this section and no such person shall edit any newspaper.
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