UNAUTHORIZED NEWS-SHEETS AND NEWSPAPERS Term Paper Help

27 Authorization of persons to publish news-sheet .– (1) The District Magistrate may, on written application mad to him, by an order in writing, authorize any person to publish a news sheet or news-sheets, unless he is satisfied that such person is likely to act in a manner prejudicial to public order or public safety or to publish in such news-sheet or news-sheets any matter against decency or morality or which amounts to defamation, contempt of court or incitement to the commission of an offence.

(2) A copy of an order under sub-section (1) shall be furnished to the person thereby authorised.

(3) The District Magistrate may, at any time after giving
the person affected an opportunity to show cause against the revocation. revoke an order made by him under sub-section (1).

(4) Any person aggrieved by an order of the District Magistrate under sub-section (1), refusing to authorize any person to publish a news-sheet or news-sheets, or sub-section (3) may prefer an appeal to the High Court and the provisions. of section 26 shell mutatis mutandis apply to such appeal.

28.Power to seize and· destroy unauthorized neuis-sheets and newspapers. — (1) Any police officer, or any other person empowered in this behalf by the Government, may seize any unauthorized news-sheet or unauthorized newspaper, wherever found.

(2) Any District Magistrate, Sub-Divisional Magistrate or Magistrate of the first class may, by warrant, authorize any police officer not below the rank of Sub-Inspector to enter upon and search any place where any stock of unauthorized news-sheets or unauthorized newspapers may be or may be reasonably suspected to be and such police officer may seize any documents found in such place which, in his opinion, are unauthorized news-sheets or unauthorized newspapers.

(3) All documents seized under .sub-section (1) shall be produced as soon as may be before a District Magistrate, Sub- Divisional Magistrate or Magistrate of the first class, and all documents seized under sub-section (2) shall be produced as soon as may before the court of the Magistrate who issued the warrant.

(4) If in the opinion of such Magistrate or Court any of such documents are unauthorized news-sheets or unauthorized newspapers, the Magistrate or Court may cause them to be destroyed, but if in the opinion of such Magistrate or; Court, any of such documents are not unauthorized news-sheets run authorized, newspapers, such Magistrate or.Court shall dispose of them in the manner provided in sections 623, 624 and 626 of the Code of Criminal Procedure, 1898 (Act V of 1898).

29.Power to seize and forfeit undeclared presses producing unauthorized news-sheets and newspaper. — (1) Where a District Magistrate or Sub-Divisional Magistrate has reason to believe that an unauthorized news-sheet or unauthorized newspaper is being produced from an undeclared press within the limits of his jurisdiction, he may, by warrant, authorize any police officer not below the rank of Sub-Inspector to enter upon and search any place wherein such undeclared press may be or may be reasonably suspected to be, and if, in the opinion of such police officer, any press found in such place is used to produce an unauthorized news-sheet or unauthorized newspaper, he may seize such press and any documents found in the place which in his opinion are unauthorized news-sheets or unauthorized newspapers.

(2) The police officer shall make a report of the search to the Magistrate who issued the warrant and shall produce before such Magistrate, as soon as may be, all property seized Provided that, where any press which has been seized cannot be readily removed, the police officer may produce before the Magistrate only such parts thereof as he may think fit.

(3) If such Magistrate, after such inquiry, as he may deem requisite, is of opinion that a press- seized under this section is an undeclared press which is used to produce an unauthorized news sheet or unauthorized newspaper, he may by order in writing declare the press to be forfeited to the Government, but if, after such inquiry, the Magistrate is not of such opinion, he shall dispose of the press in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure, 1898 (Act V of 1898).

(4) The Magistrate shall deal with the documents produced before him under this section in the manner provided in sub-section (4) of section 28–

Posted on November 28, 2015 in Ethics And Libel

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