Section 5:
Rules as to publication of newspapers.
No 1[newspaper] shall be published in 2[India] except
in conformity with the rules hereinafter laid down:
3[(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.]
4[(2)] The printer and the publisher of every such 5[newspaper] shall appear 6[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
7***]] and shall make and subscribe, in duplicate, the following declaration:
"I, A. B., declare that I am the printer (or publisher, or printer and publisher) of the 5newspaper]
8[and to be printed or published, 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.
9[(2A) 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.]
10[(2B) 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.
(2C) 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.
(2D) 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.
(2E) As often as the ownership of a newspaper is changed, a new declaration shall be
necessary.]
11[(3] As often as the place of printing or publication is changed, a new declaration shall be
necessary:
12[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.]
13[(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.]
12[(5) Every declaration made in respect of a newspaper shall be void, where the newspaper does not
commence publication--
(a) within six weeks 14[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 14[of the authentication of the declaration under section 6], 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, biweekly, 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]:
15[Provided that no person 16[who does not ordinarily reside in India, or] who has not
attained majority in accordance with the provisions of the Indian Majority Act, 1875 (19 of
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.]
Notes:
1. Subs. by Act 14 of 1922, s. 3 and the First Schedule, for "printed periodical work containing public news or comments on public
news,".
2. Subs. by Act 3 of 1951, s. 3 and Schedule, for "the States".
3. Subs. by Act 26 of 1960, s. 2, for rule (1) (w.e.f.1-10-1960) which was ins. by Act 14 of 1922, s. 3 and the First Schedule.
4. Rule (1) re-numbered as rule (2) by Act 14 of 1922, s. 3 and the First Schedule.
5. Subs. by s. 3 and the First Schedule, ibid., for "periodical work".
6. Subs. by s. 3 and the First Schedule, ibid., for "before the magistrate within whose local jurisdiction such work shall be
published".
7. The words ", or such printer or publisher resides," omitted by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
8. Subs. by Act 55 of 1955, s. 6, for certain words (w.e.f. 1-7-1956).
9. Ins. by s. 6,ibid.
10. Ins. by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).
11. Rule (2) re-numbered as rule (3) by Act 14 of 1922, s. 3 and the First Schedule.
12. Ins. by Act 55 of 1955, s. 6 (w.e.f. 1-7-1956).
13. Subs. by Act 26 of 1960, s. 2 for rule (4) (w.e.f. 1-10-1960) which had been re-numbered for the original rule(3) by Act 14 of 1922,
s. 3 and the First Schedule.
14. Subs. by s.2, ibid. for "of the declaration" (w.e.f. 1-10-1960).
15. Ins. by Act 14 of 1922, s. 3 and the First Schedule.
16. Ins. by Act 26 of 1960, s. 2 (w.e.f. 1-10-1960).