Press Council Act
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
newspapers and news agencies in India.
Be it enacted by Parliament in the Twenty-ninth year of the Republic of
India as follows :
Short title and extent
1. ( 1) This Act may be called the Press Council Act 1978;
(2) It extends to the whole of India.
2. 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;
25 of 1867
45 of 1955
(e) The expressions "editor" and "newspaper" have the meanings respectively
assigned to them in the Press and Registration of Books Act, 1867, and the
expression "working journalist" has the meaning assigned to it in the
Working Journalists and other Newspaper Employees (Conditions of Service)
and Miscellaneous Provision Act, 1955. '
Rule of construction respecting enactments not extending to the State of
Jammu and Kashmir or Sikkim
3. Any reference in this Act to-a law which is not in force in the State of
Jammu & 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.
ESTABLISHMENT OF THE PRESS COUNCIL
Incorporation of The Council
4(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.
Composition of the Council
5 (1) The Council shall consist of a Chairman and twenty-eight other
(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 nominations so made shall take effect
from the date on which it is notified by the Central Government in the
(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 there shall be two representatives from
each of the categories of big newspapers, medium newspapers and small
(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 the 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
Provided further that the nomination under clause (a) and clause (b) shall
be so made that the 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.
*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.
(*Explanation amended vide Gazette Extraordinary dated June 6, 1994)
(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 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 person 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.
Term of office and retirement of members
6(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 provision of section 5 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 provision
of sub-section (1) of Section 14, he shall cease to be a member of the
(3) The term of 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
nomination in the same manner in which the member vacating the 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
7) A retiring member shall be eligible for renomination for not more than
Conditions of service of members
7(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 meeting 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.
Committees of the Council
(8)(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 subsection (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 discussion
thereat, but shall not have the right to vote and shall not be a member for
any other purpose.
Meeting of the Council and Committees
9. 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
Vacancies among members of defect in the constitution not to invalidate acts
and proceedings of the Council
10. No act or proceedings of the Council shall be deemed to be invalid by
reason of the existence of any vacancy in, or any defect in the constitution
of the Council.
Staff of the Council
11(1) Subject to such rules as may be made by the Central Government in this
behalf, the Council may appoint at Secretary and such other employees as it
may think necessary for the efficient performance of its functions under
(2) The terms and conditions of service of the employees shall be such as
may be determined by regulations.
Authentication of orders and other instruments of the Council
12. 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.
POWERS AND FUNCTIONS OF THE
Objects and functions of the Council
13. ( 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 an
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.
5 of 1908
Explanation- For the purpose of this clause the expression "foreign State"
has the meaning assigned to it in Section 87A of the Code of Civil
(h) To promote a proper functional relationship among all classes of persons
engaged in the production or publication of newspapers or in news agencies.
14 of 1947
Provided that nothing in this clause shall be deemed to confer on the
Council any functions in regard to disputes to which the 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
(k) to do such other acts as may be incidental or conducive to the discharge
of the above functions.
Power to Censure
14(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
working journalist has committed any professional misconduct, the Council
may, after giving the newspaper, or news agency, the editor or journalist
concerned an opportunity of 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
(2) If the Council is of the opinion that it is necessary or expedient in
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) sha11 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 ( I ), or sub-section (2),
as the case be, shall be final and shall not be questioned in a court of
General powers of the Council
5 of 1908
15. (1) For the purpose of performing its functions or holding any inquiry
under this Act, the Council shall have the same powers throughout India as
are vested in a civil court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the followings matters, namely:
(a) summoning and enforcing the attendance of persons and examining them on
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copies thereof from any court or
(e) issuing commissions for the examination of witnesses or documents; and
(f) any other matter, which may be prescribed
(2) Nothing in sub-section (1) shall be deemed to compel any newspaper, news
agency, editor or journalist to disclose the source of any news or
information published by that newspaper or received or reported by that news
agency, editor or journalists.
45 of 1860
(3) Every inquiry held by the Council shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228 of the Indian Penal
(4) The Council may, if it considers it necessary for the purpose of
carrying out its objects or for the performance of any of its functions
under this Act, make such observations, as it may think fit, in any of its
decisions or reports, respecting the conduct of any authority, including
Levy of fees
16(l ) The Council may for the purpose of performing its functions under
this Act, levy such fees, at such rates and in such manner, as may be
prescribed, from registered newspapers and news agencies and different rates
may be prescribed for different newspapers having regard to their
circulation and other matters.
(2) Any fees payable to the Council under sub-section ( 1 ) may be recovered
as an arrear of land revenue.
Payments to the Council
17. The Central Government may, after due appropriation made by Parliament
by law in this behalf, pay to the Council by way of grants such sums of
money as the Central Government may consider necessary for the performance
of the functions of the Council under this Act.
Funds of the Council
18. (1) The Council shall have its own fund; and the fees collected by it,
all such sums as may, from time to time, be paid to it by the Central
Government and all grants and advances made to it by any authority or person
shall be credited to the Fund and all payments by the Council shall be made
(2) All moneys belonging to the Funds hall be deposited in such banks or
invested in such manner as may, subject to the approval of the Central
Government, be decided by the Council.
(3) The Council may spend such sums it thinks fit for performing its
functions under this Act, and such sums shall be treated as expenditure
payable out of the Fund of the Council.
19. The Council shall prepare, in such form and at such time each year as
may be prescribed, a budget in respect of the financial year next ensuing
showing the estimated receipts and expenditure, and copies thereof shall be
forwarded to the Central Government.
20. The Council shall prepare once every year, in such form and at such time
as may be prescribed, an annual report, giving a summary of its activities
during the previous year, and giving an account of the standards of
newspapers and news agencies and factors affecting them and copies thereof,
together with the statement of accounts audited in the manner prescribed
under section 22 shall be forwarded to the Central Government and the
Government shall cause the same to be laid before both Houses of Parliament.
21. Without prejudice to the provisions of section 20, the Council may
prepare at any time during the course of a year, a report giving a summary
of such of its activities during the year as it considers to be of public
importance and copies thereof shall be forwarded to the Central Government
and the Government shall cause the same to be laid before both Houses of
Accounts and Audit
22. The accounts of the Council shall be maintained and audited in such
manner as may, in consolation with the Comptroller and Auditor-General of
India, be prescribed.
Protection of action taken in good faith
23. (1) No suit or other legal proceeding shall lie against the Council or
any member thereof or any person acting under the direction of the Council
in respect of anything which is in good faith done or intended to be done
under this Act.
(2) No suit or other legal proceeding shall lie against any newspaper in
respect of the publication of any matter therein under the authority of the
Members, etc., to be public servants 45 of 1980
24. Every member of the Council and every officer or other employee
appointed by the Council shall be deemed to be public servant within meaning
of section 21 of the Indian Penal Code.
Power to make Rules
25 (1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
Provided that when the Council has been established, no such rules shall be
made without consulting the Council :
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
(a) the procedure for nomination of members of the Council under clauses
(a), (b) and (c) of sub section (3) of section 5;
(b) the manner in which panels of names may be invited under sub-section (4)
of section 5;
(c) the procedure for election of a member of the Committee referred to in
sub-section (2) of section 5 under sub-section (6) of that section;
(d) the allowances or fees to be paid to the members of the Council for
attending the meeting of the Council, and other conditions of service of
such members under sub-sections (1) and (2) of section 7;
(e) the appointment of the Secretary and other employees of the Council
under Section 11;
(f) the matters referred to in clause (f) of sub-section (1) of Section 15;
(g) the rates at which fees may be levied by the Council under section 16
and the manner in which such fees may be levied;
(h) the form in which, and the time within which, the budget and annual
report are to be prepared by the Council under sections 19 and 20
(i) the manner in which the accounts of the Council are to be maintained and
audited under section 22.
(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session;
for a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive session aforesaid, both
Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
Power to make regulations
26. *(1) The Council may #(by notification in the official gazette) make
regulations not inconsistent with this Act and the Rules made thereunder,
*Renumbered by Act 20 of 1983, Section 2, and the Schedule (w.e.f., 15th
#Ins by ibid (w.e.f., 15th March, 1984)
(a) regulating the meetings of the Council or any Committee thereof and the
procedure for conducting the business there at under section 9'
(b) specifying the terms and conditions of service of the employees,
appointed by the Council, under sub-section (2) of section 11;
( c) regulating the manner of holding any inquiry under this Act;
(d) delegating to the Chairman or the Secretary of the Council, subject to
such conditions as it may think fit to impose, any of its powers under
subsection (3) of section 18;
(e) any other matter for which provisions may be made by regulations under
Provided that the regulations made under clause (b) shall be made only with
the prior approval of the Central Government.
#3(2) The Central Government shall cause every regulation made under this
Act to be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any
modification in the regulation or both Houses agree that the regulation
should not be made, the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any modification or annulment shall be
without prejudice to the validity of anything previously done under that
#Ins by Ibid
*Amendment of Act 25 of 1867
27. In sub-section (1) of section 8C of the Press and Registration of Books
Act, 1867, for the words "consisting of a Chairman and another member to be
appointed by the Central Government", the words and figures" consisting of a
Chairman and another member to be nominated by the Press-Council of India,
established under section 4 of the Press Council Act 1978, from among its
members" shall be substituted.
*(Section 27 of the Press Council Act, 1978 repealed vide the Repealing and
Amending Act, 1988, Section 2, Sch.I: upon amendment of Sec. 8( c) of Press
and Registration Act, 1867 to incorporate the above mentioned words and
Published in the Gazette of
Part III Section 4
Press Council of India
New Delhi dated Nov. 14, 1979
In exercise of
powers conferred by clause (c) of Section 26 of the Press Council Act, 1978
(37 of 1978), and all other powers "hereunto enabling, the Press Council of
India hereby makes the following Regulations, namely:
1. Short Title and Commencement:
Regulations, may be called the Press Council (Procedure for Inquiry)
(Amendment) Regulations, 2006.
(2) They shall
come into force on the date of their publication in the Official Gazette.
2. Definitions: Unless the
context otherwise requires:
means the Press Council Act, 1978 (37 of 1978).
"Committee" means the Inquiry Committee constituted by the Council under
Section 8(1) of the Act for the purpose of inquiry into complaints under
Sections13(2) and 14 (1) of the Act:
(c ) "Council"
means the Press Council of India constituted under the Act;
"Complainant" means a person or authority making a complaint to the Council
regarding a newspaper, news agency, editor or other working journalist, in
the case of complaints under Section 14(1) of the Act, and with regard to
complaints relating to other matters, means a person making a complaint to
the Council in respect of any matter which the Council has jurisdiction to
entertain, examine and pronounce `its views upon, and
in the case of complaints under Section 14(1)
means an article, news-item,
news-report, or any other matter which is published by a newspaper or
transmitted by a news agency by any means whatsoever and includes a cartoon,
picture, photograph' strip or advertisement which is published in a
newspaper: and in the case of complaints relating
to other matters, 'matter' relates to an action or inaction said to impinge
upon the freedom of the press.
3. Contents of
complaint in respect of a newspaper, news agency, editor or other working
journalist under Section 14(1) of the Act:
(1) where a
person makes a complaint to the Council
in respect of the publication or non-publication of any matter
in any newspaper or news agency, under Section 14(1) of the Act he shall
file the complaint in duplicate with sufficient
copies for the respondents listed and shall
the name and address of the newspaper, news agency, editor or other working
journalist against which or whom the complaint is preferred and in cases
where the complaint relates to the publication of matter in a newspaper or
to the transmission by a news agency, forward along with the complaint a
cutting of the matter complained of in original or
a self attested copy thereof
and such other particulars as are relevant to the subject-matter
of the complaint; and where the complaint is in respect of non-publication
of matter, the original or a self attested
copy of the matter, non-publication of
which is complained of; (English translation of the matter if it is in
(b) state in
what manner the publication or non-publication of the matter complained of
is objectionable within the meaning of Section 14(1) of the Act;
(c ) before
filing the complaint before the Council, draw the attention of the
newspaper, news agency, editor or other working journalist concerned, to the
matter appearing in the newspaper etc. or to the non-publication there of
which, in the opinion of the complainant, is objectionable and he shall also
furnish to the newspaper, news agency, editor or the working journalist, as
the case may be, the grounds for holding such opinion. The complainant
shall, along with the complaint, enclose a copy of the letter written by him
to the newspaper, news agency, editor or other working journalist together
with a copy of the reply, if any received by him, provided that the Chairman
may in his discretion waive this condition;
where the complaint is that an editor or a working journalist has committed
any professional misconduct, other than the way of the publication or
non-publication of any matter in a newspaper, the complainant shall set out
clearly in detail the facts which according to him justify the complaint and
the provisions of clause (c ) above shall also apply to such complaints.
e) In every case place all other
relevant facts before the Council; and
(f) (i) In the
case of a complaint relating to the publication or non-publication of any
matter in respect of newspaper or news agency the same shall be lodged with
the Council within the following periods of its publication or
News agencies and Weeklies .. within 2 months
B. In all
other cases .. within 4 months
a relevant publication of an earlier date may be referred to in the
(ii) In the
case of a complaint against an editor or working journalist under clause (d)
above the same shall be lodged within 4 months of the misconduct complained
may, if satisfied that the complainant has acted promptly, but that the
delay in filing the complaint within the period prescribed under sub clause
(i) or sub-clause (ii) of Regulation (3)1(f) has been caused by reason of
the time taken to comply with the condition laid down in sub clause (c)
supra or on account of other sufficient cause condone the delay and
entertain the complaint.
complainant while presenting the complaint shall at the foot thereof make
and subscribe to a declaration to the effect:
(i) that to
the best of his knowledge and belief he has placed all the relevant facts
before the Council and that no proceedings are pending in any Court of Law
in respect of any matter alleged in the complaint.
(ii) that he
shall inform the Council forthwith if during the pendency of the of the
inquiry before the Council any matter alleged in the complaint becomes the
subject-matter of any proceeding in a Court of Law.
of Complaint :
(1) Where a
complainant does not comply with the requirements of regulation 3, the
Chairman may return the complaint under registered
post acknowledgement due asking the complainant to bring it in
conformity with such requirements and represent it within such time as he
may deem fit in that behalf.
(2) Where a complainant fails to comply with the
requirements within four weeks of service thereof, the Chairman may decide
to close action in the matter. The Council shall, at its next meeting, be
apprised of such decision.
( I ) As soon as possible, and
in any case not later than forty five days
from the date of receipt of a complaint
complete in all respects, under the direction of the Chairman, a copy
thereof shall be sent to the newspaper, news agency, editor or other working
journalist against which or whom the complaint has been made, under
regulation 3 along with a notice requiring the newspaper, news agency,
editor or other working journalist, as the case may be, to show cause why
action should not be taken under Section 14 of the act.
Provided that in appropriate cases the Chairman shall have the
discretion to extend time for the issuance of the notice.
further that the Chairman may decide not to issue a notice to show cause to
the newspaper, news agency, editor or working journalist where, in his
opinion, there is no sufficient ground for holding an inquiry. The Council
at its next meeting shall be apprised by the Chairman of the reasons for his
decision not to issue a "Show Cause" notice and it may pass such orders as
it deems fit.
(2) The notice
issued under sub-regulation ( I ) above shall be sent to the newspaper, news
agency, editor or other working journalist concerned by registered post,
acknowledgement due, at the address furnished in the complaint.
6. Filing of written statement:
( 1 ) The
newspaper, news agency, editor or other working journalist against which or
whom the complaint is made may, within fourteen days from the date of
service of the copy of the complaint and notice under regulation 5 or within
such further time as may be granted by the Chairman in this behalf, submit a
written statement in reply to the complaint.
(2) A copy of
the written statement when received shall be forwarded to the complainant
for his information.
receipt of the complaint or written statement, the Chairman may, if he
considers necessary, call for any further information either from the
complainant or the respondent newspaper, news agency, editor or working
journalist, as the case may be, in order to clarify matters appearing in the
complaint or written statement and in doing so, may call for such documents
or further statements as he might consider necessary. All the documents and
statements called for by him shall form part of the record and shall be
placed before the Committee at the time of the inquiry.
7. Power to
call for additional particulars etc.:
Committee may after considering the complaint and the written statement,
call for such additional particulars or documents or relevant to the
subject-matter of the case as it may consider necessary from both the
parties or either of them.
Rejection of complaint of the same nature previously inquired into:
Where at any time in the course of the inquiry into the complaint it appears
to the Committee that the subject-matter of the complaint is substantially
the same as, or has been covered by any former complaint dealt with by the
Council under these regulations, the Committee shall hear the complainant,
if he desires to be heard' and also if the Committee considers it necessary,
the newspaper, news agency, editor or other working journalist, as the case
may be, and make its recommendation to the Council which may pass such order
as may be considered necessary and the same shall be duly communicated to
by the Committee:
Notice of the
time, date and place of hearing shall be served on the complainant as well
as on the newspaper, news agency, editor and working journalist, as the case
may be, and shall be sent by registered post, acknowledgement due. In the
inquiry before the Committee the parties shall be entitled to adduce
relevant evidence, oral or documentary, and make submissions in support of
(2) At the
close of the Inquiry the Committee shall make a report of its findings on
the allegations contained in the complaint together with its reasons and
submit the record of the case to the Council.
10. Decision by the Council:
The Council shall after perusing the record of the case, pass orders giving
its decision or it may remit the case to the Committee for such further
inquiry as the Council may deem necessary and after receipt of its report
dispose of the case.
(2) Every case
shall be determined by a majority of votes of the members of the Council
present and voting, and in the event of the votes being equal, the Chairman
shall have a casting vote and shall exercise the same.
(3) The order
of the Council shall be communicated in writing to the parties to the case.
Appearance of parties etc. :
In any inquiry
under these regulations, the editor, news agency or other working
journalist, or any authority including government, or the newspaper through
its editor, against which or whom a complaint has been made may appear in
person, or with the permission of the Committee or Council as the case may
be, by a Counsellor or a duly authorised representative.
Restrictions on power of members to discuss and vote in certain cases:
No members of
the Committee shall vote or take part in the discussion of, and no member of
the Council shall vote or take part in the discussion of any complaint
coming up for consideration at a meeting of the Committee or the Council if
the case is one in which he is personally involved or has any direct or
indirect interest by himself or his partner, or in which he is interested
professionally on behalf of a client or as an agent or representative for
any newspaper, news agency, editor or other working journalist as the case
to take suo motu action:
Chairman may suo motu issue notice or, as the case may be, take
action in respect of any matter which falls within the mischief of Section
14(1 ) of the Act or in respect of or relating to any matter falling under
Section 13(2) thereof and thereupon the procedure prescribed by these
regulations from regulation 5 onwards shall be followed as if it were a
complaint under regulation 3.
Procedure in respect of complaints etc. under Section 13:
prescribed by these regulations in respect of complaints under section 14(1)
of the Act shal1 apply, as far as may be, to complaints or representations
received by the Council with regard to any subject falling within the
provisions of Section 13.
Provided that a person making such a
complaint shall make the complaint in duplicate with sufficient copies for
the respondents listed and shall:-
particulars of the respondent(s) viz Name, Designation and complete address.
State how the
action/inaction of the respondent authorities amounts to curtailment of the
freedom of the press. Mention the possible reason for the action/inaction
of the respondent(s)/authorities duly supported by documentary evidence.
- In case the action of the respondent(s)/authorities
is a reprisal measure for writings in the newspaper, critical of the
respondent's), the cuttings of such reports be furnished in original or as
self attested copies. (English translation, if the news item(s) is in
attention of the respondent(s)/authorities towards the grievance and furnish
a copy of the letter written to the respondent(s)/authorities.
– Furnish a copy
of the reply, if any, received from the respondent(s)/authorities. Provided
that the Chairman may waive this requirement in his discretion.
the Council all relevant facts along with the supporting documents.
(i) Time for
filing complaint: 4 months from the date of cause of action.
ii) Provided that the
Chairman may condone the delay If he is satisfied that there exist
sufficient reasons for such condonation.
f) Make and subscribe to
the declaration prescribed in Regulation 3(2) supra.
Further provided that on receipt of such
complaint, complete in all respects, under the direction of the Chairman, a
copy thereof shall be sent to the authority against whom the complaint has
been made along with a notice for statement in reply as to why the matter
does not warrant observation under Section 15(4) of the Act. That the
procedure specified in Regulation 7-12 above shall thereafter be adopted.
Procedure in matters not provided for in these Regulations:
The Council as
also the Committee shall have the power to regulate their own procedure in
respect of any matter for which no provision or inadequate provision is made
in these regulations and shall also have the power in appropriate cases to
hold inquiries in camera.
Secretary to the