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PRESS COUNCIL ACT, 1978
37 OF 1978
An Act to establish a Press Council for the purpose of preserving the freedom of the Press and of maintaining and improving the standards of newspaper and news agencies in India. Be it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows :-STATEMENT OF OBJECTS AND REASONS The Press Council of India was established in July, 1966 under Press Council Act, 1965, mainly to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in the country. During the Emergency the Press Council was dissolved with effect from the 1st January, 1976. 2. As a part of a series of measures now being undertaken by the Government to restore the freedom of the Press and keep up the independence standards of newspapers in the country, it is proposed to revive the Press Council of India. This Bill seeks to establish a Press Council of India and is on the same lines as Press Council Act, 1965, with the following changes :- (a) The Chairman of the Council will be nominated by the Chief Justice of India and the other members thereof representing the newspapers and news agencies will be nominated by following a procedure to be specified by rules made under the proposed measures, instead of by the Nominating Committee under the 1965 Act. (b) The Press Council is being empowered to levy a fee from newspapers and news agencies for the service it proposes to render under the provisions of the proposed measure and the amount realized thereby will be utilized to meet part of the expenses of the Council. 3. The power to appoint the Chairman and a member of the Press and Registration Appellate Board under Press and Registration of Books Act, 1867, is now vested in the Central Government. It is proposed to confer this power on the Press Council of India. The Press Council Bill, 1977 was passed by both the Houses of Parliament and was assented to by the President on 7th September, 1978 and it came on the Statute Book as the Press Council Act, 1978 (37 of 1978). LIST OF AMENDING ACTS 1. The Delegated Legislation Provisions (Amendment) Act, 1983 (20 of 1983). 2. The Repealing and Amending Act, 1988 (19 of 1988). 3. The Press Council (Amendment) Act, 1994 (36 of 1994).
CHAPTER 1 : PRELIMINARY
SECTION 1 : Short title and extent
(1) This Act may be called the Press Council Act, 1978.
(2) It extends to the whole of India.
SECTION 2 : Definitions
In this Act, unless the context otherwise requires," (a)"Chairman" means the Chairman of the Council;
(b)"Council" means the Press Council of India established under (Section 4) ;
(c) "member" means a member of the Council and includes its Chairman;
(d)"prescribed" means prescribed by rules made under this Act;
(e) the expressions "editor" and "newspaper" have the meanings respectively assigned to them in (Press and Registration of Books Act, 1867) , and the expression "working journalist" has the meaning assigned to it in (Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955) .
SECTION 3 : Rule of construction respecting enactments not extending to the Stateof Jammu and Kashmir or Sikkim
Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir or Sikkim shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.
CHAPTER 2 : ESTABLISHMENT OF THE PRESS COUNCIL
SECTION 4 : Incorporation of the Council
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Council by the name of the Press Council of India.
(2) The said Council shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.
SECTION 5 : Composition of the Council
(1) The Council shall consist of a Chairman and twenty-eight other members.
(2) The Chairman shall be a person nominated by a Committee consisting of the Chairman of the Council of States (Rajya Sabha), the Speaker of the House of the People (Lok Sabha) and a person elected by the members of the Council under sub-section (6) and the nomination so made shall take effect from the date on which it is notified by the Central Government in the Official Gazette.
(3) Of the other members-
(a) thirteen shall be nominated in accordance with such procedure as may be prescribed from among the working journalists, of whom six shall be editors of newspapers and the remaining seven shall be working journalists other than editors; so, however, that the number of such editors and working journalists other than editors in relation to newspapers published in Indian languages shall be not less than three and four respectively;
(b) six shall be nominated in accordance with such procedure as may be prescribed from among persons who own or carry on the business of management of newspapers, so, however, that three shall be two representatives from each of the categories of big newspapers, medium newspapers and small newspapers;
(c) one shall be nominated in accordance with such procedure as may be prescribed from among persons who manage news agencies;
(d) three shall be persons having special knowledge or practical experience in respect of education and science, law and literature and culture of whom respectively one shall be nominated by University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy;
(e) five shall be members of Parliament of whom three shall be nominated by the Speaker from among the members of the House of the People (Lok Sabha) and two shall be nominated by the Chairman of the Council of States (Rajya Sabha) from among its members: Provided that no working journalist who owns, or carries on the business of management of, any newspaper shall be eligible for nomination under clause (a) : Provided further that the nominations under clause (a) and clause (b) shall be so made that among the persons nominated there is not more than one person interested in any newspaper or group of newspapers under the same control of management.3 (1) 1. Subs. by Act 36 of 1994, Sec. 2 (w.e.f. 3-6-1994).
[Explanation.- For the purpose of clause (b), a "newspaper" shall be deemed to be categorised as big, medium or small newspaper on the basis of its circulation per issue, as the Central Government may, by notification in the Official Gazette, notify from time to time.]
(4) Before making any nomination under clause (a), clause (b) or clause (c) of sub-section (3), the Central Government in the case of the first Council and the retiring Chairman of the previous Council in the case of any subsequent Council shall, in the prescribed manner, invite panels of names comprising twice the number of members to be nominated from such associations of persons of the categories referred to in the said clause (a), clause (b) or clause (c) as may be notified in this behalf by the Central Government in the case of the first Council and by the Council itself in the case of subsequent Councils; Provided that where there is no association of persons of the category referred to in the said clause (c), the panels of names shall be invited from such news agencies as may be notified as aforesaid.
(5) The Central Government shall notify the names of persons nominated as members under sub-section (3) in the Official Gazette and every such nomination shall take effect from the date on which it is notified.
(6) The members of the Council notified under sub-section (5) shall elect from among themselves in accordance with such procedure as may be prescribed, a persons to be a member of the Committee referred to in sub-section (2) and a meeting of the members of the Council for the purpose of such election shall be presided over by a person chosen from among themselves.
SECTION 6 : Terms of office and retirement of members
(1) Save as otherwise provided in this section, the Chairman and other members shall hold office for a period of three years : Provided that the Chairman shall continue to hold such office until the Council is reconstituted in accordance with the provisions of (section 5) or for a period of six months whichever is earlier.
(2) Where a person nominated as a member under clause (a), clause (b) or clause (c) of sub-section (3) of (section 5) is censured under the provisions of sub-section (1) of (section 14) , he shall cease to be a member of the Council.
(3) The term of the office of a member nominated under clause (e) of sub-section (3) of (section 5) shall come to an end as soon as he ceases to be a member of the House from which he was nominated.
(4) A member .shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council.
(5) The Chairman may resign his office by giving notice in writing to the Central Government, and any other member may resign his office by giving notice in writing to the Chairman, and upon such resignation being accepted by the Central Government, or as the case may be, the Chairman, the Chairman or the member shall be deemed to have vacated his office.
(6) Any vacancy arising under sub-section (2), sub-section (3), sub-section (4) or sub-section (5) or otherwise shall be filled, as soon as may be, by notification in the same manner in which the member vacating office was nominated and the member so nominated shall hold office for the remaining period in which the member in whose place he is nominated would have held office.
(7) A retiring member shall be eligible for re-nomination for not more than one term.
SECTION 7 : Conditions of service of members
(1) The Chairman shall be a whole- time officer and shall be paid such salary as the Central Government may think fit; and the other members shall receive such allowances or fees for attending the meetings of the Council, as may be prescribed.
(2) Subject to the provisions of sub-section (1), the conditions of service of members shall be such as may be prescribed.
(3) It is hereby declared that the office of a member of the Council shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.
SECTION 8 : Committee of the Council
(1) For the purpose of performing its functions under this Act, the Council may constitute from among its members such Committees for general or special purposes as it may deem necessary and every Committee so constituted shall perform such functions as are assigned to it by the Council.
(2) The Council shall have the power to co-opt as members of any Committee constituted under sub-section (1) such other number of persons, not being members of the Council, as it thinks fit.
(3) Any such member shall have the right to attend any meeting of the Committee on which he is so co-opted and to take part in the discussions thereat, but shall not have the right to vote and shall not be a member for any other purpose.
SECTION 9 : Meetings of the Council and Committees
The Council or any Committee thereof shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.
SECTION 10 : Vacancies among members or defect in the constitution not toinvalidate acts and proceedings of the Council
No act or preceding of the Council shall be deemed to be invalid by reason merely of the existence of any vacancy in, or any defect in the constitution of, the Council.
SECTION 11 : Staff of the Council
(1) Subject to such rules as may be made by the Central Government in this behalf, the Council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act.
(2) The terms and conditions of service of the employees shall be such as may be determined by regulations.
SECTION 12 : Authentication of orders and other instruments of the Council
All orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf and other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorised in like manner in this behalf.
CHAPTER 3 : POWERS AND FUNCTIONS OF THE COUNCIL
SECTION 13 : Objects and functions of the Council
(1) The objects of the Council shall be to preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India.
(2) The Council may, in furtherance of its objects, perform the following functions namely :-
(a) to help newspapers and news agencies to maintain their independence;
(b) to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards;
(c) to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;
(d) to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism;
(e) to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance;
(f) to keep under review cases of assistance received by any newspaper or news agency in India from any foreign source including such cases as are referred to it by the Central Government or are brought to its notice by any individual, association of persons or any other organisation : Provided that nothing in this clause shall preclude the Central Government from dealing with any case of assistance received by a newspaper or news agency in India from any foreign source in any other manner it thinks fit;
(g) to undertake studies of foreign newspapers, including those brought out by any embassy or other representative in India of a foreign State, their circulation and impact.
Explanation.- For the purposes of this clause, the expression "foreign State" has the meaning assigned to it in Section 87-A of the Code of Civil Procedure, 1908 (5 of 1908);
(h) to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or news agencies: Provided that nothing in this clause shall be deemed to confer on the Council any functions in regard to disputes to which (Industrial Disputes Act, 1947)
, applies;
(i) to concern itself with developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the Press;
(j) to undertake such studies as may be entrusted to the Council and to express its opinion in regard to any matter referred to it by the Central Government;
(k) to do such other acts as may be incidental or conducive to the discharge of the above functions.
SECTION 14 : Power to censure
(1)Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that. a newspaper or news agency has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, the Council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity or being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be: Provided that the Council may not take cognizance of a complaint if in the opinion of the Chairman, there is no sufficient ground for holding an inquiry.
(2) If the council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspaper to publish therein in such manner as the Council thinks fit, any particulars relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist.
(3) Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.
(4) The decision of the Council under sub-section (1), or sub-section (2) as the case may be, shall be final and shall not be questioned in any court of law.
SECTION 15 : General powers of the Council
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