The Press and Registration of Periodicals Act, 2023
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Chapter VII MISCELLANEOUS
16. Power of Central Government to issue directions.
- (1) Without prejudice to the foregoing provisions of this Act, the Central Government may give directions on matters of policy to the Press Registrar General, in writing, from time to time and the Press Registrar General shall, in the discharge of his powers and functions under this Act, be bound by such directions.
- (2) The decision of the Central Government as to whether a question is one of policy or not shall be final.
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17. Press Registrar General and other officers to be public servants.
The Press Registrar General and all officers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
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18. Protection of action taken in good faith.
No suit or other legal proceedings shall lie against the Central Government or State Government or Union territory Administration or the Press Registrar General or any officer or employee authorised by the Press Registrar General, for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
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19. Power of Central Government to make rule.
- (1) The Central Government may, by notification in the Official Gazette, after previous publication, make rules to carry out the provisions of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:---
- (a) the manner and particulars for furnishing an intimation before the specified authority by the printing press under section 3;
- (b) the manner of registration of a facsimile edition of a foreign periodical under sub-section (3) of section 4;
- (c) the manner of verification of circulation figure of class of periodicals under clause (b) of section 6;
- (d) the form, fees and manner of making an online application, documents to be furnished and particulars to be set forth under sub-section (2) of section 7;
- (e) the form in which and the particulars along with which a certificate of registration shall be issued under sub-section (5) of section 7;
- (f) the manner of making an application and particulars to be set forth therein under sub-section (1) of section 8;
- (g) the form, fees and manner of making an application, documents to be furnished and particulars to be set forth under sub-section (2) of section 9;
- (h) the circumstances and manner for authorising the specified authority to suspend or cancel the certificate of registration under sub-section (7) of section 11;
- (i) the form, time and particulars for furnishing an annual statement under section 12;
- (j) any other matter which is required to be, or may be, prescribed under the provisions of this Act.
- (3) The State Government may, by notification in the Official Gazette of the State, make such rules not inconsistent with the rules made by the Central Government, as may be necessary or desirable for carrying out the objects of this Act.
- (4) Every rule made by the State Government under sub-section (3) shall be laid, as soon as may be after it is made, before the State Legislature.
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20. Power to remove difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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21. Laying of rules and notification.
Every rule made or notification issued by the Central Government under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
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22. Repeal and savings.
- (1) The Press and Registration of Books Act, 1867 (25 of 1867) is hereby repealed.
- (2) Notwithstanding such repeal,---
- (a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or declaration made or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed under the Act hereby repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act;
- (b) any declaration, including title thereof, so made and authenticated under the provisions of the Act hereby repealed, shall be deemed to have been made and authenticated under the corresponding provisions of this Act;
- (c) any proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act has not been passed;
- (d) the Press Registrar General and other officers appointed under the Act hereby repealed and holding office as such immediately before the commencement of this Act, shall, on the commencement of this Act, continue to hold their respective offices under the corresponding provisions of this Act, unless and until they are removed or superannuated;
- (e) the Press and Registration Appellate Board established under the Act hereby repealed shall continue to function under the corresponding provisions of this Act, unless and until the Press and Registration Appellate Board is constituted under this Act;
- (f) any appeal preferred to the Press and Registration Appellate Board hereby repealed and not disposed of before the commencement of this Act, may be disposed of by the Press and Registration Appellate Board constituted under this Act;
- (g) any penalty payable under the Act hereby repealed may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the Act so repealed;
- (h) any certificate of registration issued or granted under the Act hereby repealed shall continue to have effect after the commencement of this Act under the same conditions as if this Act had not been passed.
- (3) The matters referred to in clauses (a) to (h) of sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of such repeal.
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