Topic: Notes on Clauses

Clause 1.— This clause provides for short title, extent and commencement.
Clause 2.—This clause provides for definitions. It defines the certain expression used
in the proposed legislation which, inter alia, includes: the expressions “book”, “editor”,
“electronic form”, “facsimile edition”, “foreign publication”, “journal”, “known foreign
publication”, “magazine”, “newsletter”, “owner”, “Press Registrar General”, “printer”,
“printing”, “publication”, “publisher”, “syndication” and “title”, etc.
Clause 3.— This clause provides for particulars to be printed on books and publications.
It provides that every book or publication printed within India shall have legibly printed on
it the date of its publication, name of the owner, printer, publisher, editor and complete
address of place of printing and of the publication.
It further provides that in case an edition of a publication is being printed from more
than one location, the name of the printer and each printing press with their complete address
shall be disclosed in the imprint line of each print.
Clause 4.— This clause provides that owner of printing press to make declaration. It
provides that every person who owns and operates any press for the printing of books or
publications shall make and subscribe a declaration in prescribed form before the specified
authority within whose local jurisdiction such press is kept.
It further provides that whenever the place where a press is kept is changed, a fresh
declaration shall be necessary but where the change is for a period not exceeding sixty days
and the place where the press is kept after the change is within the local jurisdiction of the
aforesaid specified authority, fresh declaration shall not be necessary if a statement relating
to the change is furnished to the said specified authority within three days thereof; and the
owner of the press continues to be the same.
Clause 5.— This clause provides that who may bring out a publication. It provides
that a person, being an entity incorporated and registered in India under any law for the time
being in force, or a citizen of India, may bring out a publication.
It further provides that any person, who has been convicted by any court for an
offence involving terrorist act or unlawful activity; or for having done anything against the
security of the State, shall not bring out a publication.
I also provides an explanation for the purpose of this clause that the expression
“terrorist act” or “unlawful activity” shall have the meanings respectively assigned to them
in clauses (k) and (o) of sub-section (1) of section 2 of the Unlawful Activities (Prevention)
Act, 1967 (37 of 1967).
Clause 6.— This clause provides for verification and registration of title. It provides
that the owner of any proposed publication may make an application in prescribed form
proposing one or more titles, not exceeding five, in order of preference to the specified
authority for verification of one of titles of the publication and if the owner of the proposed
publication is an entity incorporated and registered in India, the authorised signatory shall
make an application on behalf of that entity:
It further provides that the specified authority may after verification of antecedents of
the applicant and after satisfying himself about the eligibility of such applicant, within a
period of three months, recommend or reject the application and if application is rejected the
person concerned shall be given an opportunity of hearing.
It also provides that on receipt of the recommendation from the specified authority, the
Press Registrar General shall approve one of the title or reject all the proposed titles if such
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titles are – (a) the same or similar to that of any existing publication, except in the case of
publications owned by the same person; or (b) obscene; or (c) similar to name of symbols of
terrorists or terrorist organisations either in full or in abbreviated form; or (d) same or similar
to that of a known foreign publication. The decision of the Press Registrar General as to title
shall be final.
It also provides that every title of a publication approved under this clause shall be
deemed to have been cancelled and become available to new applicants if the authenticated
declaration made under clause 10 is not filed with the Press Registrar General within a period
of six months from the date of such approval. The Press Registrar General may, if he is
satisfied that the delay in filing the authenticated declaration by the applicant was beyond
the control of the applicant, extend the time for such period, not exceeding four months,
after recording the reasons in writing.
It also provides that any owner of a publication may, after registration, transfer the title
of such publication to any person, in the prescribed manner.
It also provides that a title verified under this clause, if not registered under clause 30
within one year of its verification, shall stand cancelled. The Press Registrar General may, in
exceptional cases, grant further period of four months to those publications where the delay
is due to reasons beyond the control of the title holder.
Clause 7.— This clause provides that printer and publisher of a publication to make
declaration. It provides that the printer and the publisher of every publication shall appear
in person or by agent authorised in this behalf, before a specified authority within whose
local jurisdiction such publication shall be printed or published, and make and subscribe a
declaration in duplicate, in prescribed form.
It further provides that every declaration shall specify the title of the publication, the
language in which it is to be published and the periodicity of its publication.
It also provides that where the printer or publisher of a publication making a declaration
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.
It also provides that a declaration made in respect of a publication under this clause
and authenticated under clause 10 shall be necessary before the publication can be published
and where the periodicity of a publication is changed, the declaration shall cease to have
effect and a fresh declaration shall be necessary before the publication can be continued
and whenever the ownership of a publication is changed or the place of printing or publication
is changed, a fresh declaration shall be necessary.
It also provides whenever the printer or the publisher who made such declaration
leaves 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 fresh declaration
shall be necessary.
It also provides that every declaration made in respect of a publication shall be void,
where the publication does not commence, in the case of a publication to be published once
a week or often, within six weeks of the authentication of the declaration under clause 10; and
in the case of any other publication, within three months of the authentication of the declaration
under clause 10, and in every such case, a fresh declaration shall be necessary before the
publication can be brought out.
It also provides that every existing declaration in respect of a publication shall be
cancelled by the specified authority before whom a fresh declaration is made and subscribed
in respect of the same and the declaration shall cease to have effect if the publication has not
been brought out as per the declared periodicity, for a period exceeding one year, and in all
such cases the registration number and the title shall be deemed to have been cancelled.20
Clause 8.— This clause provides for prohibition as to making declaration under
clause 7, or editing of a publication, in certain cases. It provides that no person shall be
permitted to make a declaration under clause 7, or edit a publication if he does not ordinarily
reside in India, or has not attained majority in accordance with the provisions of the Indian
Majority Act, 1875 (9 of 1875) or of any law for the time being in force to which he is subject
in respect of the attainment of majority.
Clause 9.— This clause provides for limits of foreign news content, foreign investment,
etc. It provides that without prejudice to the other provisions of proposed legislation, no
publication shall be printed and published in India except with the prior approval of the
Central Government granted in this behalf, if —(a) such publication is owned by any individual
who is not an Indian citizen or unincorporated body of individuals or body corporate
incorporated under the law of any country other than India; or (b) its title is same or similar
to a known foreign publication; or (c) its foreign news content in an issue of an Indian
publication exceeds the limit prescribed for such publication; or (d) such publication has
investment from any individual who is not an Indian citizen or unincorporated body of
individuals or body corporate incorporated under the law of any country other than India;
or (e) it is a facsimile edition of a known foreign publication.
It further provides that any person who intends to print or bring out a publication
referred to in sub-clause (1) may make an application to the Central Government for its prior
approval in prescribed form and accompanied with prescribed fee.
It also provides that the Central Government may, subject to such terms and conditions
as it may deem fit, grant approval for printing or publishing the publication referred to in subclause (1) or refuse to grant such approval after recording the reasons thereof and giving
him an opportunity of hearing.
Clause 10.— This clause provides for Authentication of declaration. It provides that
the specified authority, before whom declaration has been made under the proposed legislation
shall within a period of two months, authenticate each of the two originals of the declaration,
with his signature and official seal with date or through his electronic signature with date but
the specified authority shall not authenticate the declaration made under clause 7 unless it
is accompanied by a title approved under clause 6:
It also provides that that any declaration so made and authenticated under the
provisions of the Press and Registration of Books Act, 1867 before the commencement of the
proposed legislation shall be deemed to have been made and authenticated under the
corresponding provisions of the proposed legislation.
It also provides that a copy of the declaration authenticated by the specified authority,
or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as
possible to the person making and subscribing the declaration and also to the Press Registrar
General.
Clause 11.— This clause provides for deposit of declaration. It provides that one of
the originals of the declaration referred to in clause 10 shall be deposited among the records
of the office of the specified authority.
Clause 12.— This clause provides for Inspection and supply of copies of declaration.
It provides that the Officer-in-charge of each original shall allow any person to inspect that
original on payment of a fee of one hundred rupees, and shall give to any person applying a
copy of the said declaration, attested by the seal of the Court which has the custody of the
original, on payment of a fee of two hundred rupees.
Clause 13.— This clause provides for office copy of declaration to be prima facie
evidence. It provides that in any legal proceeding, whether civil or criminal, the production of
a copy of declaration so authenticated under clause 10 or clause 15, attested by the seal of
the specified authority or in case of the editor, a copy of the publication containing his name
printed on it as that of the editor or in case of more than one editor, the editor finally21
responsible for the selection of the matter shall be held (unless the contrary be proved ) to be
sufficient evidence, as against the person whose name shall be subscribed to such declaration,
or printed on such publication, as the case may be, that the said person was printer or
publisher, or printer and publisher (according as the words of the said declaration may be) of
every portion of every publication whereof the title shall correspond with the title of the
publication mentioned in the declaration, or the editor of every portion of that issue of the
publication, of which a copy is produced.
Clause 14.— This clause provides for new declaration by persons who have signed a
declaration and subsequently ceased to be printer or publisher or owner. It provides that if
any person has subscribed to any declaration in respect of a publication under clause 7 and
the declaration has been authenticated by a specified authority under clause 10 and
subsequently that person ceases to be the printer or publisher or owner of publication
mentioned in such declaration, he shall appear in person or through his authorised
representative before the specified authority and make and subscribe a declaration in
duplicate, in prescribed form.
It further provides that the owner shall also file declaration for change of printer or
publisher by appearing before the specified authority concerned and make and subscribe a
declaration in duplicate, in prescribed form.
Clause 15.— This clause provides for authentication and filing of declaration made
under clause 14. It provides that each original of the declaration made under clause 14 shall
be authenticated by the signature with date and seal of the specified authority before whom
the said declaration shall have been made, and one original of the said declaration shall be
filed along with original of the declaration authenticated under clause 10 and a copy of the
declaration attested by the official seal of the specified authority shall be forwarded to the
Press Registrar General.
Clause 16.— This clause provides for inspection and supply of copies of declaration
made under clause 14. It provides that the Officer-in-charge of each original of the declaration
made under clause 14 shall allow any person applying to inspect that original, on payment of
a fee of one hundred rupees, and shall give to any person applying a copy of the said
declaration, attested by the seal of the specified authority having custody of the original, on
payment of a fee of two hundred rupees.
Clause 17.— This clause provides for putting up copy of declaration in evidence. It
provides that in all trials in which a copy attested, of the former declaration have been put in
evidence, it shall be lawful to put in evidence a copy, attested, of the latter declaration, and
the former declaration shall not be taken to be evidence that the declarant was, at any period
subsequent to the date of the latter declaration, printer or publisher of the publication therein
mentioned.
Clause 18.— This clause provides that person whose name has been incorrectly
published as editor may make a declaration before a specified authority. It provides that if
any person, whose name has appeared as editor on a copy of a publication, claims that he
was not the editor of the issue on which his name has so appeared, he may, within two weeks
of his becoming aware that his name has been so published, appear before a specified
authority and make a declaration in prescribed form that his name was incorrectly published
in that issue as that of the editor thereof, and if the said specified authority, after making such
inquiry or causing such inquiry to be made as he may consider necessary, is satisfied that
such declaration is true, he shall certify accordingly, and on that certificate being given, the
provisions of clause 13 shall not apply to that person in respect of that issue of the publication.
It further provides that the specified authority may extend the period under sub-clause
(1) in case he is satisfied that such person was prevented by sufficient cause from appearing
and making the declaration within that period.
Clause 19.— This clause provides for Cancellation of declaration. It provides that the
specified authority empowered to authenticate a declaration under the proposed legislation22
may, after giving the concerned person an opportunity of hearing, cancel the declaration
made in respect of a publication, if- (a) the publication, in respect of which the declaration
has been made is being published in contravention of the provision of this Act or rules made
there under; or (b) the publication mentioned in the declaration bears a title which is the same
as, or similar to, that of any other publication; or (c) the owner has ceased to be the owner of
the publication mentioned in such declaration; or (d) the declaration was made on false
representation or on the concealment of any material fact or in respect of a periodical work
which is not a publication, and forward a copy of the order to the person making or subscribing
the declaration and also to the Press Registrar General.
It further provides that on the cancellation of declaration under sub-clause (1), the title
and the registration certificate issued by Press Registrar General shall also be deemed to be
cancelled with effect from the date of such cancellation of declaration.
Clause 20.— This clause provides for appeal. It provides that any person aggrieved
by an order of a specified authority refusing to authenticate a declaration under clause 10 or
cancelling a declaration under clause 19 may, within sixty days from the date on which such
order is communicated to him, prefer an appeal to the Press and Registration Appellate
Board, to be constituted by the Central Government, by notification in the Official Gazette
consisting of a Chairperson and another member, to be nominated by the Press Council of
India, established under section 4 of the Press Council Act, 1978(37 of 1978), from among its
members. The Appellate Board may entertain an appeal after the expiry of the said period, if
it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal
in time.
It also provides that on receipt of an appeal, the Appellate Board may, after calling for
the records from the specified authority and after making such further inquiries as it thinks
fit, confirm, modify or set aside the order appealed against and the decision of the Appellate
Board shall be final.
Clause 21.— This clause provides that copies of books printed to be delivered gratis
to Government. It provides that the printed copies of the whole of every book which shall be
printed in India together with all maps, prints or other engravings belonging thereto, finished
and coloured in the same manner as the best copies of the same shall, notwithstanding any
agreement between the printer and publisher thereof, if the book is published, be delivered
by the printer at such place and to such officer as the State Government shall, by notification
in the Official Gazette, from time to time direct, and free of expense to the Government.
It further provides that nothing in sub-clause (1) shall apply to any second or
subsequent edition of a book in which edition no additions or alterations either in the letterpress or in the maps, prints or other engravings belonging to the book have been made, and
a copy of the first or some preceding edition of which book has been delivered under the
proposed legislation.
Clause 22.— This clause provides for receipt for copies delivered under clause 21. It
provides that the officer to whom a copy of book is delivered under clause 21 shall give to the
printer a receipt in writing therefor.
Clause 23.— This clause provides for disposal of copies delivered under clause 21. It
provides that the copy delivered under clause 21 shall be disposed of as the State Government
shall from time to time determine or be transmitted to the Central Government, as the case
may be.
Clause 24.— This clause provides that copies of publication printed in India to be
delivered gratis to Government. It provides that the publisher of every publication in India
shall deliver at such place and to such officer as the State Government may, by notification
in the Official Gazette, direct, and free of expense to the Government, two copies of each
issue of such publication as soon as it is published.23
Clause 25.— This clause provides that copies of publication delivered to Press Registrar
General. It provides that the publisher of every publication in India shall deliver free of
expense one copy of each issue of such publication as and when demanded by the Press
Registrar General.
It further provides that every publisher shall preserve one copy of every issue of the
publication, either in hard copy or in electronic form and shall provide the same as and when
demanded by the Press Registrar General.
Clause 26.— This clause provides for Registration of memorandum of books. It provides
that there shall be kept at such office, and by such officer as the State Government shall
appoint in this behalf, a book to be called a Catalogue of Books printed in India, wherein shall
be registered a memorandum of every book which shall have been delivered under item (a) of
sub-clause (1) of clause 21, containing the particulars specified in this clause.
It further provides that the memorandum shall be made and registered in the case of
each book as soon as practicable after the delivery of the copy thereof pursuant to item (a)
of sub-clause (1) of clause 21.
Clause 27.— This clause provides for publication of memorandum registered. It
provides that the memorandum registered during each quarter in the catalogue referred to in
clause 26 shall be published in the Official Gazette, as soon as may be after the end of such
quarter, and a copy of the memorandum so published shall be sent to the Central Government.
Clause 28.— This clause provides for appointment of Press Registrar General and
other officers. It provides that the Central Government may appoint Press Registrar General
of India and such other officers under the general superintendence and control of the Press
Registrar General as may be necessary for the purpose of performing the functions assigned
to them by or under the proposed legislation, and may, by general or special order, provide
for the distribution or allocation of functions to be performed by them under the proposed
legislation.
Clause 29.— This clause provides for register of publications. It provides that the
Press Registrar General shall maintain a Register of publications in prescribed manner.
It further provides that the Register shall contain the particulars about every publication
brought out in India as are specified in this clause.
It also provides that the Press Registrar General shall cause relevant entries to be made
in the Register and may make such necessary alterations or corrections therein as may be
required for keeping the Register up-do-date on receiving information from time to time
about the aforesaid particulars.
Clause 30.— This clause provides for certificate of registration. It provides that the
Press Registrar General shall, as soon as practicable, issue a certificate of registration in
respect of the publication to the publisher thereof on receiving copy of the declaration in
respect of that publication, and on bringing out of such publication, from the specified
authority under sub-clause (2) of clause 10 or sub-clause (2) of clause 15.
Clause 31.— This clause provides for annual statement, etc., to be furnished by
publisher. It provides that it shall be the duty of the publisher, and owner in the absence of
the publisher, of every publication – (a) to furnish to the Press Registrar General an annual
statement in respect of the publication, at such time and containing such other particulars
referred to in sub-clause (2) of clause 29, as may be prescribed; and (b) to publish in the
publication at such times and such of the particulars relating to the publication referred to in
sub-section (2) of section 29 as may be specified in this behalf by the Press Registrar General.
It further provides that if a publisher or owner required to submit annual statement
under the proposed legislation fails to submit the annual statement for a consecutive period
of three years, the title, declaration and the registration of the publication concerned shall
stand cancelled.24
It also provides that the Press Registrar General shall cause publication of the
cancellation of any publication in at least one daily newspaper circulating in the locality in
which the publication concerned is brought out.
Clause 32.— This clause provides for returns and reports to be furnished by publisher.
It provides that the publisher of every publication shall furnish to the Press Registrar General
such returns, statistics and other information with respect to any of the particulars referred
to in sub-clause (2) of clause 29 as the Press Registrar General may from time to time require.
Clause 33.— This clause provides for right to access to records and documents. It
provides that the Press Registrar General or any gazetted officer authorised by him in writing
in this behalf shall, for the purpose of the collection of any information relating to a publication
under the proposed legislation, have access to any relevant record or document relating to
the publication in the possession of the publisher thereof, and may enter at any reasonable
time any premises where he believes such record or document to be and may inspect or take
copies of the relevant records or documents or ask any question necessary for obtaining any
information required to be furnished under the proposed legislation.
Clause 34.— This clause provides for circulation verification. It provides that the
Press Registrar General on his own or on any request made to him, may conduct, through an
officer or auditor authorised in this behalf, a verification in the prescribed manner, as regard
to circulation of the publication mentioned in the annual statement. The verification shall be
made in respect of a publication brought out in a financial year and not a part thereof.
It further provides that in cases where the circulation verification is conducted on the
request made by the owner, publisher or any other person, the verification shall be made on
payment of prescribed fee.
Clause 35.— This clause provides for annual report. It provides that the Press Registrar
General shall prepare, in such form and at such time each year as may be prescribed, an
annual report containing a summary of the information obtained by him during the previous
year in respect of the publications in India and giving an account of the working of such
publications, and copies thereof shall be forwarded to the Central Government.
Clause 36.— This clause provides for furnishing of copies of extract from Register. It
provides that on the application of any person for the supply of copy of any extract from the
Register and on payment of such fee as may be prescribed, the Press Registrar General shall
furnish such copy to the applicant in such form and manner as may be prescribed.
Clause 37.— This clause provides for production of documents before Press Registrar
General. It provides that the publisher, printer or owner shall, on a demand made in writing,
specifying the reasons for such demand by the Press Registrar General, produce before the
Press Registrar General any document referred to in any report or return submitted by such
publisher, printer or owner, within a period of thirty days from the date of receipt of the
demand so made.
Clause 38.— This clause provides for penalty for printing contrary to clause 3. It
provides that whoever prints or publishes any book or publication otherwise than in
conformity with clause 3 shall be liable to a fine not exceeding five thousand rupees in
addition to suspension of the publication for a period of thirty days.
Clause 39.— This clause provides for penalty for owning press without making
declaration required by clause 4. It provides that whoever owns any press in contravention
of the provisions of clause 4 shall be liable to a fine not exceeding five thousand rupees in
addition to sealing of the printing press for a period of thirty days.
Clause 40.— This clause provides for penalty for failure to make a declaration under
clause 14. It provides that if any person who has ceased to be a printer or publisher or owner
of any publication fails or neglects to make a declaration under clause 14, he shall be liable to
a fine not exceeding five thousand rupees.25
Clause 41.— This clause provides for penalty for not delivering books or not supplying
printer with maps. It provides that if any printer of any such book as is referred to in clause
21 neglects to deliver copies of the same pursuant to that section, he shall for every such
default forfeit to the Government such sum not exceeding two thousand rupees as a
Magistrate having jurisdiction in the place where the book was printed may, on the application
of the officer to whom the copies should have been delivered or of any person authorised by
that officer in this behalf, determine to be in the circumstances a reasonable line for the
default, and, in addition to such sum, such further sum as the Magistrate may determine to be
the value of the copies which the printer ought to have delivered.
It further provides that if any publisher or other person employing any such printer
neglects to supply him, in the matter provided in sub-clause (2) of clause 21 with the maps,
prints or engravings which may be necessary to enable him to comply with the provisions of
that section, such publisher or other person shall for every such default forfeit to the
Government such sum not exceeding two thousand rupees as such a Magistrate may, on
such an application, determine to be in the circumstances a reasonable line for the default,
and, in addition to such sum, such further sum as the Magistrate may determine to be the
value of the maps, prints or engravings which such publisher or other person ought to have
supplied.
Clause 42.— This clause provides for penalty for failure to supply copies of publications
gratis to Government. It provides that if any publisher of any publication brought out in
India neglects to deliver copies of the same in compliance with clause 24, he shall, on the
complaint of the officer to whom copies should have been delivered or of any person
authorised by that officer in this behalf, be liable to a line which may extend to five thousand
rupees for every default.
Clause 43.— This clause provides for punishment for making false statement. It
provides that any person who, in making any declaration or other statement under the
authority of the proposed legislation, makes a statement which is false, and which he either
knows or believe to be false or does not believe to be true, shall be punishable with
imprisonment for a term not exceeding six months and with fine which may extend to ten
thousand rupees.
Clause 44.— This clause provides for penalty for printing or bringing out publication
without conforming to the provisions of the proposed legislation. It provides that whoever
edits, prints or brings out any publication without conforming to the provisions of the
proposed legislation and rules made thereunder, or whoever edits, prints or publishes, or
causes to be edited, printed or published any publication, knowing that the provisions of the
proposed legislation or the rules made thereunder have not been complied with, shall be
punishable with imprisonment for a term not exceeding six months or with fine which may
extend to ten thousand rupees, or with both.
It further provides that where an offence is committed in relation to publication under
sub-clause (1), the court may, in addition to the punishment imposed under the said subsection, also cancel the declaration in respect of the publication.
Clause 45.— This clause provides for penalty for failure to supply copies of publications
to Press Registrar General. It provides that if any publisher of a publication brought out in
India neglects to deliver the copies of the publication as required under clause 25, he shall be
liable to a line which may extend to five thousand rupees.
Clause 46.— This clause provides for penalty for failure to produce documents before
Press Registrar General. It provides that if the publisher, printer or owner neglects to produce
any document before the Press Registrar General in compliance with the provisions of clause
37, he shall be liable to a line which may extend to five thousand rupees.
Clause 47.— This clause provides for penalty for contravention of clause 31 or clause
32. It provides that if the publisher of any publication refuses or neglects to comply with the26
provisions of clause 31 or clause 32, he shall be liable to a penalty which may extend to five
thousand rupees in addition to a further line of a sum of ten rupees for each day default.
Clause 48.— This clause provides for recovery of forfeitures and disposal thereof and
of fines. It provides that any sum forfeited to the Government under the proposed legislation
and rules made thereunder may be recovered, under the warrant of a Magistrate determining
the sum, or of his successor in office, in the manner authorised by the Code of Criminal
Procedure, 1973 (2 of 1974) for the time being in force, and within the period prescribed by
the Indian Penal Code (45 of 1860) for the levy of a fine.
Clause 49.— This clause provides for cognizance of offence. It provides that no court
shall take cognizance of any offence under the proposed legislation, except upon a complaint
in writing made by the Press Registrar General or the specified authority or by any officer
authorised by the Press Registrar General or the specified authority, as the case may be, for
this purpose.
It further provides that no court inferior to that of a Metropolitan Magistrate or a
Magistrate of the First Class shall try any offence under the proposed legislation.
Clause 50.— This clause provides for delegation of powers. It provides that the Press
Registrar General may delegate all or any of his powers under the proposed legislation to any
officer subordinate to him subject to the provisions of the proposed legislation and rules
made thereunder.
Clause 51.— This clause provides that Press Registrar General and other officers to
be public servants. It provides that the Press Registrar General and all officers appointed
under the proposed legislation shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
Clause 52.— This clause provides for protection of action taken in good faith. It
provides that no suit or other legal proceedings shall lie against the Central Government or
a State Government 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 the proposed legislation or the rules made thereunder.
Clause 53.— This clause provides for power of Central Government to make rules. It
provides that the Central Government may, by notification in the Official Gazette, make rules
for carrying out the objects of the proposed legislation.
It further specifies the matter in respect of which such rules may be made.
It also provides that every rule made under the proposed legislation shall be laid as
soon as may be after it is made before each House of Parliament.
Clause 54.— This clause provides for power of State Government to make rules. It
provides that the State Government may, by notification in the Official Gazette, make rules in
respect of books referred to in Chapters III and IV, not inconsistent with the rules made by
the Central Government, as may be necessary or desirable for carrying out the objects of the
proposed legislation.

It further provides that every rule made by the State Government under this clause
shall be laid, as soon as may be after it is made, before the State Legislature.
Clause 55.— This clause provides for power to exclude any class of books and
publications from operation of the proposed legislation. It provides that the State Government
may, with the previous approval of the Central Government, by notification in the Official
Gazette, exclude any class of books or publications from the operation of the whole or any
part or parts of the proposed legislation.
Clause 56.— This clause provides for power to remove difficulties. It provides that if
any difficulty arises in giving effect to the provisions of the proposed legislation, the Central
Government may, in consultation with the Press Registrar General, by order published in the27
Official Gazette, make such provisions not inconsistent with the provisions of the proposed
legislation, as appear to it to be necessary or expedient for removing the difficulty:
It further provides that no such order shall be made under this section after the expiry
of three years from the commencement of the legislation.
It also provides that every order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
Clause 57.— This clause provides for repeal and saving. It provides that the Press
and Registration of Books Act, 1867 is hereby repealed.
It further provides that 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 the proposed legislation;
(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 the proposed legislation;
(c) any proceeding pending in any court at the commencement of this Act may
be continued in that court as if the proposed legislation has not been enacted;
(d) the Press Registrar and other officers appointed under section 19A of the Act
hereby repealed and holding office as such immediately before the commencement of
the proposed legislation, shall, on the commencement of this Act, continue to hold
their respective offices under the corresponding provisions of the proposed legislation,
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 the proposed
legislation, unless and until the Appellate Board is constituted under the proposed
legislation;
(f) any appeal preferred to the Press and Registration Appellate Board under
section 8C of the Act hereby repealed but not disposed of before the commencement
of the proposed legislation may be disposed of by the Appellate Board constituted
under the proposed legislation;
(g) any penalty payable under the Act hereby repealed may be recovered in the
manner provided by or under the proposed legislation 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 the proposed legislation
under the same conditions as if the proposed legislation had not been enacted.
It also provides that the mention of the particular matters in sub-clause (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 repeal.