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NEWSPAPER (PRICE AND PAGE) ACT, 1956
45 of 1956
7th September, 1956
"The regulation of the prices of newspapers in relation to their sizes appeared to be a necessity to the Press Commission mainly in order to provide the circumstances in which freedom of opinion could be very much more real than it is today by eliminating unfair competition and equalising opportunities for newspapers especially with smaller resources. Accordingly, one of the major recommendations of the Press Commission was that legislation be enacted empowering Government to issue from time to time a price page schedule fixing a minimum price at which papers of a particular size can be sold. The Commission also recommended that in order to ensure that the reader gets an adequate proportion of news and views and that the advertisements are not reduced in effectiveness because there are too many of them, the total space allotted to advertisements in newspapers should be restricted to a specified proportion. The consensus of opinion in the Press industry is in favour of these recommendations and there has been a general demand for their implementation. In the course of the debate on the Press Commission's Report general approval was expressed by Parliament to the principles underlying these recommendations. The Bill seeks to implement the recommendations by conferring powers suitably for the purpose. The scope of the Bill is restricted to newspapers which appear at intervals of not more than a week. Clause 3 of the Bill empowers Government to issue a price-page schedule from time to time by making an order providing for the regulation of the prices charged for newspapers in relation to their maximum or minimum number of pages, sizes or areas and for the space to be allotted for advertising matter in relation to other matters. It is enjoined that such order shall be made with due regard to the need for reasonable flexibility with reference to the fall of news, the flow of advertisements and other matters - connected with the normal working of newspapers. Similarly, provision has been made for the schedule to be drawn up in consultation with the interests concerned. The other provisions of the Bill mainly relate to procedure." - Gaz. of India, 1956, Extra Pt. II, Sec. 2, page 648.
An Act to provide for the regulation of the prices charged for newspapers in relation to their pages and of matters connected therewith for the purpose of preventing unfair competition among newspapers so that newspapers may have fuller opportunities of freedom of expression. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE, EXTENT AND DURATION
(1) This Act may be called The Newspaper (Price and Page) Act, 1956.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.1[* * * *]
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,
(a) "daily newspaper" means a newspaper which is published on not less than six days in a week, and includes any supplement or special edition of such newspaper;
(b) "newspaper" means any printed periodical work containing public news or comments on public news appearing at intervals of not more than a week.
SECTION 03: POWER TO REGULATE PRICES AND PAGES OF NEWSPAPERS, ETC
(1) If the Central Government is of opinion that for the purpose of preventing unfair competition among newspapers so that newspapers generally and in particular, newspapers with smaller resources and those published in Indian languages may have fuller opportunities of freedom of expression, it is necessary or expedient so to do, the Central Government may, from time to time, by notification in the Official Gazette, make an order2providing for the regulation of the prices charged for newspapers in relation to their maximum or minimum number of pages, sizes or areas and for the space to be allotted for advertising matter in relation to other matters therein.
(2) An order under this section -
(a) may be made in relation to newspapers generally or in relation to any class of newspapers;
(b) may contain different provisions for daily newspapers and newspapers appearing at other periodical intervals and for different classes of-newspapers, and may, in particular, make separate provisions for weekly editions of daily newspapers whether appearing under the same title or not, and also for supplements or special editions of newspapers issued on special occasions;
(c) shall be made relatable to such period of time as the Central Government may deem reasonable;
(d) may provide for incidental or supplementary matters.
(3) An order under this section shall be made with due regard to the need for reasonable flexibility with reference to the fall of news. the flow of advertisements and other matters connected with the normal working of newspapers.
(4) Before making any order under this section, the Central Government shall consult associations of publishers, and such publishers likely to be affected by the order as it may think fit with respect to the action proposed to be taken.
SECTION 04: PROHIBITION OF PUBLICATION AND SALE OF NEWSPAPERS IN CONTRAVENTION OF ORDER UNDER SECTION 3
No newspaper shall be published or sold in the territories to which this Act extends in contravention of any of the provisions of an order made under section 3-
SECTION 05: RETURNS TO BE FURNISHED BY NEWSPAPERS
For the purpose of verifying whether an order made under section 3-is being complied with or not, the Press Registrar appointed under the Press and Registration of Books Act, 1867, may, from time to time, direct the publisher of any newspaper to which such an order applies to furnish to him such weekly returns and statistics with respect to any of the particulars referred to in section 3-as the Press Registrar may, from time to time, require and the publisher of every newspaper shall comply with such direction.
SECTION 06: PENALTIES
he shall be punishable with fine which may extend to five hundred rupees.
SECTION 07: COGNIZANCE OF OFFENCES
No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing by the Press Registrar appointed under the Press and Registration of Books Act, 1867, or by any officer authorised by him in writing in this behalf.
PAPER (REGULATION OF PRODUCTION) ORDER, 1978
ORDER 1 SHORT TITLE AND COMMENCEMENT
(1) This Order may be called the Paper (Regulation of Production) Order, 1978.
(2) It shall come into force at once.
ORDER 2 DEFINITIONS
-In this Order, unless the context otherwise requires,-
(a) "coloured printing paper" means the common type of coloured printing paper of uniform formation evenly finished and free from specks, holes or other blemishes, and suitable for printing;
(b) "cream laid or wove paper" means ordinary white or creamy writing paper, containing laid or wove marks, and having a smooth surface for writing;
(c) "duplicating paper" means any unsized or half-sized paper of absorbent nature used for making copies by means of cyclostyling;
(d) "manufacture" means the process by which a manufacturer produces finished paper or paper board;
(e) "manufacturer" means a manufacturer of paper or paper boards or both, and registered as such with the Director General of Technical Development, Government of India;
(f) "offset or litho paper" means paper suitable for offset or litho printing process;
(g) "paper and paper board" means the material commonly known as paper and paper boards, and includes packing paper, wrapping paper and specialty paper, but does not include news-print ;
(h) "typing paper" means strong paper, bearing either laid or wove marks, half-sized and specially glazed for use on type-writers ;
(i) "white printing paper" means the common type of white printing paper of uniform formation, evenly finished and generally free from specks, holes or other blemishes, and suitable for printing;
(j) "quantity" means quantity by weight;
(k) "sale price" means the price, exclusive of freight. Central Sales Tax and local taxes of any paper or paper board;
(l) "retail sale price" means the maximum price at which paper or paper board may be sold to the consumer, inclusive of all taxes, transport charges and other dues.
ORDER 3 REGULATION OF PRODUCTION OF PAPER
-Every manufacturer shall manufacture in respect of every month commencing on and from the 1st day of April, 1978, and every quarter commencing on and from the 1st day of April, 1978-
(a) white printing paper up to the extent of at least 30 per cent of the total quantity of paper and paper boards manufactured by him during the month or the quarter, as the case may be; and
(b) coloured printing paper, cream laid or wove paper, duplicating paper, offset or litho paper and typing paper, upto the extent of at least 33 per cent of the total quantity of paper arid paper boards manufactured by him during the month or the quarter, as the case may be, of which not less than 20 per cent shall be cream laid or wove paper.
ORDER 4 VARIATION OF PERCENTAGES XPECIFIED IN CLAUSE 3
-Where the installed capacity of a manufacturer is not sufficient to manufacture paper according to the percentages specified in Clause 3, he shall manufacture-
(a) white printing paper to the extent specified in item (a) of the said clause or the installed capacity for the manufacture of white printing paper for the month or quarter, as the case may be, whichever is lower;
(b) creamlaid or wove paper to the extent specified in item (b) of the said clause or the installed capacity for the manufacture of cream wove paper for the month or quarter, as the case may be, which-ever is lower; and
(c) coloured printing paper, duplicating paper, offset or litho paper or typing paper up to the extent of the balance of such quantity left after the manufacture of the quantities of paper referred to in items (a) and (b) above as may be required to cover upto 63 per cent of the total quantity of paper and paper boards manufactured by him during the month or the quarter as the case may be.
ORDER 5 SPECIFICATION OF WHITE PRINTING PAPER
(1) The white printing paper required to be manufactured under Clause 3 shall be tinted with green, blue, pink or any other colours in such proportions as the Central Government may, from time to time, specify and its weight shall not exceed 60 grams per square metre, subject however, to the tolerance limit permitted on nominal grammage as per relevant Indian Standards Institution Specification.
(2) The white printing paper shall also conform to the specifications for white printing paper notified by the Indian Standards Institution from time to time.
ORDER 6 MANUFACTURER NOT TO MANUFACTURE CERTAIN VARIETIES OF PAPER
No manufacturer shall manufacture any other variety of paper tinted with
Footnotes:
1. Sub-section (3) providing five years' duration to the Act was omitted by Act 36 of 1961 (5-9-1961).
2. For the Daily Newspaper (Price and Page) Order, 1960, see G. S. R. 1250, D/- 24-10-1960 published in Gaz. of India, 1960, Extra. Pt. II, S. 3(i), p. 675. This Order came into force on 12-12-1960.
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