Section 5 in The Press And Registration Of Books Act, 1867
5. Rules as to publication of newspapers
.No [newspaper] [Substituted by Act 14 of 1922, Section 3 and Sch.I, for certain words.] shall be published in [India] [Substituted by Act 3 of 1951, Section 3 and Sch., for "the States" (w.e.f. 1.4.1951).], except in conformity with the rules hereinafter laid down:(1)[ Without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication:] [Substituted by Act 26 of 1960, Section 2, for Rule.(1) (w.e.f. 1.10.1960) which was inserted by Act 14 of 1922, Section 3 and Sch.I.](2)[] [Rule (1) renumbered as Rule (2) by Act 14 of 1922, Section 3 and Sch.I.] The printer and the publisher of every such [newspaper] [Substituted by Act 14 of 1922, Section 3 and Sch.I, for certain words.] shall appear [in person or by agent authorised in this behalf in accordance with rules made under section 20, before a District, Presidency or Sub-Divisional Magistrate within whose local jurisdiction such newspaper shall be printed or published [* * *] [Substituted by Act 14 of 1922, Section 3 and Sch.I, for certain words.], and shall make and subscribe, in duplicate, the following declaration: [Added by Act 55 of 1955, Section 5 (w.e.f. 1.7.1956).]I, A.B., declare that I am the printer (or publisher or printer and publisher) of the [newspaper] [Substituted by Act 14 of 1922, Section 3 and Sch.I, for "periodical work" .] entitled.................[and to be printed or published] [Substituted by Act 55 of 1955, Section 6, for certain words (w.e.f. 1.7.1956).], or to be printed and published, as the case may be at.....And the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted.[(2-A) Every declaration under rule (2)shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed.] [Inserted by Act 55 of 1955, Section 6 (w.e.f. 1.7.1956).][(2-B) Where the printer or publisher of a newspaper making a declaration under rule (2) 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 authorising such person to make and subscribe such declaration.(2-C) A declaration in respect of a newspaper made under rule (2) and authenticated under section 6 shall be necessary before the newspaper can be published.(2-D) Where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.(2-E) As often as the ownership of a newspaper is changed, a new declaration shall be necessary.] [Inserted by Act 26 of 1960, Section 2 (w.e.f. 1.10.1960).](3)[] [Rule (2) renumbered as Rule (3) by Act 14 of 1922, Section 3 and Sch.I.] As often as the place of printing or publication is changed, a new declaration shall be necessary:[Provided that where the 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 referred to in rule (2), no new declaration shall be necessary if(a)a statement relating to the change is furnished to the said Magistrate within twenty-four hours thereof;and(b)the printer or publisher or the printer and publisher of the newspaper continues to be the same.](4)[ As often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave India for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary.] [Substituted by Act 26 of 1960, Section 2, for Rule (4) (w.e.f. 1.10.1960) which had been renumbered for the original Rule (3) by Act 14 of 1922, Section 3 and Sch.I.](5)[ Every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication(a)within six weeks [of the authentication of the declaration under section 6], in the case of a newspaper to be published once a week or oftener; and(b)within three months [of the authentication of the declaration under section 6] [Substituted by Act 26 of 1960, Section 2, for "or the declaration" (w.e.f. 1.10.1960).], in the case of any other newspaper,and in every such case, a new declaration shall be necessary before the newspaper can be published.(6)Where, in any period of three months, any daily, tri-weekly bi-weekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued.(7)Where any other newspaper has ceased publication for a period exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be republished.(8)Every existing declaration in respect of a newspaper shall be cancelled by the Magistrate before whom a new declaration is made and subscribed in respect of the same:] [Inserted by Act 55 of 1955, Section 6 (w.e.f. 1.7.1956).][Provided that no person [who does not ordinarily reside in India, or ] [Inserted by Act 14 of 1922, Section 3 and Sch.I.]who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (19of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper.] [Inserted by Act 55 of 1955, Section 6 (w.e.f. 1.7.1956).][5-A. Keepers of printing-presses and printers and publishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period [Inserted by Act 16 of 1965, Section 3 (w.e.f. 1.11.1965).](1)No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, Svt. 1989 (Jammu and Kashmir Act, No. I of Svt. 1989) shall keep the press in his possession for the printing of books or papers [after the 31st day of December, 1968,] unless before the expiry of that date, he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act.(2)Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press and Publications Act, Svt. 1989 (Jammu and Kashmir Act, No.I of Svt. 1989) shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration [after the 31st day of December, 1968, unless before the expiry of that date] [Substituted by Act 30 of 1968, Section 2, for certain words (retrospectively).] he makes and subscribes a fresh declaration in respect of that newspaper under rule (2) of the rules laid down in section 5 of this Act.]
