5_ Publication of Newspapers.– No newspaper shall be printed or published except in conformity with the provisions of this part and unless there subsists an authenticated declaration in respect thereof

6. Name of the editor to be printed on the newspaper.Every copy of very newspaper shall contain the name of the editor of the newspaper printed clearly on such copy as the name of such editor.

7. Declaration of the printer and publisher.–The printer and publisher of every newspaper shall appear in person or by agent authorised in this behalf in accordance with the rules before the District Magistrate within whose local jurisdiction such newspaper shall be printed or published, and shall make and subscribe, in duplicate originals. a declaration in Form ‘B’ or in such other form as may be prescribed; and the District Magistrate shall, immediately upon the filing of such form, issue a receipt for the same.

8. No minor to be printer, publisher or editor No person who has not attained the age of twenty-one years shall be permitted to make a declaration under section 7, nor shall-any such person edit a newspaper.

9. Effect of non-publication of newspaper .–(1) If a newspaper in respect of which a decaration has been made under section 7 is not published within three months of the date on which such declaration is authenticated under section 12, the declaration shall become null and void

(2) Where a declaration becomes null and void under subsection (1) the printer and the publisher shall make and subscribe a fresh declaration under section 7 before printing or publishing the newspaper, and the provisions of sub-section (1) shall apply to .’ the fresh declaration and to any subsequent fresh declaration

(3)Where a newspaper after publication is not published- (i) in the case of a daily newspaper, for sixteen days in a calender month;. (in in the case of a weekly newspaper, for two weeks in a calender month;. (iii) in the case of a fortnightly newspaper, for one month;. (iv) in the case of a monthly newspaper, for two months;. (v) in the case of a quarterly newspaper, for six months; and (vi) in the case of a six monthly newspaper, for one

(4) Where a declaration becomes null and void under subsection (1) or sub-section (3) and a fresh declaration is made under section 7, the decision with regard to its authentication shall be made within a period of four months

(5) Where a newspaper does not belong to any of the categories mentioned in sub-section (3) and interval of its publication is intermediary between two successive categories mentioned therein, it shall be governed by the provisions of that sub-section, as if it belonged to the less frequent category of the two.

(6) Nothing in sub-section (1) or sub-section (3) shall apply in the case of a printer and publisher who, within the period stated in those sub-sections and applicable to the particular case, show to the satisfaction of the District Magistrate that the newspaper..has not been or cannot be published for reasons which are beyond their control.

IO.Effect of change of language, periodicity or place of publication.– (1) If, at any time after the making of a declaration under section 7, the newspaper to which the declaration relates is proposed to be printed or published in a language or languages, with a periodicity, or at a place, other than the language, periodicity 01′ place shown in the declaration, the printer or publisher shall notify such change to the District Magistrate within whose jurisdiction the newspaper is printed and published.

(2) In case the place of publication or printing is proposed to be changed to a district in the same Province other than the district from where the newspaper was being printed or published, the information under sub-section (1) shall also be conveyed to the District Magistrate within whose jurisdiction the newspaper is proposed to be printed or published

(3) In sase the place of publication or printing is proposed to be changed to a district in a Province other than the Province from where the newspaper was being printed or published, the printer and publisher of the newspaper shall make and subscribe is respect thereof a fresh declaration under section 7 before further printing or publishing the newspaper

1l.EfTect if printer or publisher leaves Pakistan.– If at any time the printer or the publisher who has made a declaration under section 7 leaves Pakistan, the delcaration shall become null and void unless-.

(i) the absence, of the printer or the publisher from Pakistan be for a period not exceeding one year; .and (ii) the printer or the publisher, before leaving Pakistan informs in writing, the District Mngistrate within whose jurisdiction the newspaper ill printed or published, of his intended absence and the name of the person who has undertaken to discharge, in his absence and on his behalf, the reponsibilities of the printer or the publisher, and furnishes to the Destrict Magistrate a statement in writing of that person accepting those responsibilities.

12.Authentication of the declaration.– (1) Subject to the provisions of sub-section (2) and (3), each of the duplicate originals of every declaration made and subscribed under section 7 shall be authenticated by the signature and official seal of the District Magistrate before whom the said declaration is made

(2).The District Magistrate may not authenticate the declaration if he is satisfied that.

(a) the declaration has been filed by a person other than the proprietor of the newspaper or the printing press or a person not authorised by such proprietor

(b) the title of newspaper proposed to be published is the same as the title of any newspaper already being published in the same language at any place in the Province, not being a newspaper of different periodicity published by the sarne publisher or another edition of the sarne newspaper published from another place; (c) the printer or the publisher was convicted of any offence involving moral turpitude within five years before the date of his making and subscribing the declaration.

(3) The District Magistrate shall not pass an order under sub-section (2) without giving to the person making the declaration, through a notice in writing, an opportunity of being heard and rebutting the evidence that may be available against him.

(4) In case the District Magistrate fails to authenticate a declaration under sub-section (1) or pass an order under subsection (2), within a period of four months, the declaration made by the publisher and the printer shall be deemed to have been authen£icated on the expiry of the said period

I3.Deposit of authenticated declaration.– The duplicate original; of the declarations authenticated under section 12, or the receipts of the declarations which are deemed to have been authenticated under section 12,shall be deposited in the office of the District Magistrate and with the officer appointed by the Government under section 48

14./nspection and supply of copies of the declaration. – The officer-in Charge of each declaration or receipt deposited under section 13 shall allow any person to inspect that original declaration or receipt on payment of a fee of five rupees and shall give to any person applying for it a copy thereof attested by the seal of the court or the office, as the case may be, which has the custody of the original, on payment of a fee of ten rupees

15.Copy of declaration or newspaper to be prima facie evidence.- In any legal proceeding, whether civil, criminal or otherwise, a copy of a declaration or receipt issued in the manner described in section 14, and a copy of the newspaper having the name of the person printed thereon as its editor, shall be sufficient evidence, unless the contrary is proved, as against the person whose name has been subscribed to such declaration. or printed on such newspaper, as the case may be, that the said person was a printer or publisher, or printer and publisher (according 8S the words of the said declaration may be) of every portion of every hewspaper whereof the title eorresponds with the title of the newspaper mentioned in the declaration or the editor of every portion of that issue of the newspaper of which a copy is produced.

16.New declaration by persons who have signed declaration and subsequently ceased to be printers or publishers.·· Every person who having subscribed a declaration under section 7 subsequently. ceases to be .the printer of publisher of the newspaper mentioned in such declaration shall appear, in person or by agent authorised in this behalf in the prescribed manner, before the District Magistrate, and make and subscribe in duplicate originals a declaration in Form ‘C’ or such other form 88 ma:y be prescribed.

17.Authentication and filing o’-declaration under section 16.-Each of the duplicate originals of the declaration made under section 16 shall be authenticated by the signature and seal of the District Magistrate before whom it is made and one such original shall be filed along with each original of the declaration under section 7.

l8.Inspection and supply of copies of declaration under section 16.·· The officer-in-charage of each original of the declaration filed under section 17 shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying for it a copy thereof attested by the seal of the officer or the court, as the case may be, having custody of the original, on payment of a fee of two rupees.

19.Putting copy of declaration under section 16 in euidence= In any legal proceeding in which a copy of a declaration under section 7 attested in accordance with section 14 hAS been put in evidence, it shall be lawful to put in evidence a copy of declaration under section 16 attested in accordance with section 18, and the former declaration shall not then 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 newspaper thereon mentioned

20.Person whose name has been incorrectly published as editor may make declaration befor a magistrate.– (1) IT any person whose name has appeared as editor in a copy of a newspaper 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 District Magistrate and make a declaration that the name was incorrectly published in that issue as that of the editor thereof; and, if the District Magistrate, after making such inquiry, or causing such inquiry to be made, as he considers necessary, is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given the provisions of section 15 shall not apply to that person in respect of that issue of the newspaper.

(2) The District Magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period

21.Restrictions on foreign ownership of neuispapers= No person who is not a citizen of Pakistan shall own or hold any interest in any newspaper printed or published in a Province except with the previous approval of the Government, and no such person shall in any case own or hold more than twenty-five per centum of the entire proprietary interest of any such newspaper, whether in the form of shares of by way of sole ownership, partnership or otherwise.

12.Printing of certain matters, etc.– (1) No printer, publisher or editor shall print or publish, in any book or paper, any account of the proceedings of the National Assembly or the Senate or a Provincial Assembly, if such account

(a) contains any matter which is not a part of the proceedings of such an Assembly or the Senate and which is prejudicial to the maintenance of public order, or is opposed to morality, or amounts to contempt of Court, defamation or incitement to the commission of an offence; or (b) Contains any matter which has been ordered to be expunged from the proceedings of such Assembly or the Senate.

(2) No printer, publisher, or editor shall publish in any book or paper, any proceedings or excerpts of proceedings of any Court or any Tribunal or other judicial or quasi- judicial body, the publication of which is withheld or forbidden by the presiding officer of that Court, tribunal or body

(3) IT any person contravenes any provisions of this section, then, without prejudice to any other proceedings which m!ly be taken against him, the Government may, after giving such person an opportunity of being heard, declare to be forfeited to it every copy of any book or paper printed or published in such contravention.

Posted on November 28, 2015 in Ethics And Libel

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