Press Council Act 1978

An Act to establish a Press Council for the purpose of preserving the freedom of the Press and of
maintaining and improving the standards of newspapers and news agencies in India.
Be it enacted b Parliament in the !went"ninth ear of the #epublic of India as follows $
C%AP!&# I
P#&'I(I)A#*
+hort title and e,tent
1. - 1. !his Act ma be called the Press Council Act 1978/
-0. It e,tends to the whole of India.
1efinitions
0. In this Act2 unless the conte,t otherwise re3uires2
-a. 4Chairman4 means the Chairman of the Council/
-b. 4Council4 means the Press Council of India established under section 5/
-c. 4(ember$ means a member of the Council and includes its Chairman/
-d. 4Prescribed4 means prescribed b rules made under this Act/
06 of 1877
56 of 1966
-e. !he e,pressions 4editor4 and 4newspaper4 have the meanings respectivel assigned to them in the
Press and #egistration of Boo8s Act2 18772 and the e,pression 4wor8ing 9ournalist4 has the meaning
assigned to it in the :or8ing ;ournalists and other )ewspaper &mploees -Conditions of +ervice. and
(iscellaneous Provision Act2 1966. <
#ule of construction respecting enactments not e,tending to the +tate of ;ammu and =ashmir or
+i88im
>. An reference in this Act to"a law which is not in force in the +tate of ;ammu ? =ashmir or +i88im
shall2 in relation to that +tate2 be construed as a reference to the corresponding law2 if an2 in force in
that +tate.
C%AP!&# II
ESTABLISHMENT OF THE PRESS COUNCIL
Incorporation of The Council
5-1. :ith"effect from such date as the Central @overnment2 ma2 b notification in the Afficial
@aBette2 appoint2 there shall be established a council b the name of the Press Council of India.
-0. !he said Council shall be a bod corporate having perpetual succession and a common seal and
shall b the said name sue and be sued.
Compoition of the Council
6 -1. !he Council shall consist of a Chairman and twent"eight other members.
-0. !he Chairman shall be a person nominated b a Committee consisting of the Chairman of the
Council of +tates -#a9a +abha.2 the +pea8er of the %ouse of the People -'o8 +abha. and a person
elected b the members of the Council under sub"section -7. and the nominations so made shall ta8e
effect from the date on which it is notified b the Central @overnment in the Afficial @aBette.
->. Af the other members"
-a. thirteen shall be nominated in accordance with such procedure as ma be prescribed from among
the wor8ing 9ournalists of whom si, shall be editors of newspapers and the remaining seven shall be
wor8ing 9ournalists other than editors2 so2 however2 that the number of such editors and wor8ing
9ournalists other than editors in relation to newspapers published in Indian languages shall be not less
than three and four respectivel/
-b. si, shall be nominated in accordance with such procedure as ma be prescribed from among
persons who own or carr on the business of management of newspapers2 so2 however2 that there shall
be two representatives from each of the categories of big newspapers2 medium newspapers and small
newspapers/
-c. Ane shall be nominated in accordance with such procedure as ma be prescribed from among
persons who manage news agencies/
-d. three shall be persons having special 8nowledge or practical e,perience in respect of education
and science2 law and literature and culture of whom respectivel one shall be nominated b the
Cniversit @rants Commission2 one b the Bar Council of India and one b the +ahita Academ/
-e. five shall be members of Parliament of whom three shall be nominated b the +pea8er from
among the members of the %ouse of the People -'o8 +abha. and two shall be nominated b the
Chairman of the Council of +tates -#a9a +abha. from among its members/
Provided that no wor8ing 9ournalist who owns2 or carries on the business of management of2 an
newspaper shall be eligible for nomination under clause -a./
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 an newspaper or group of
newspapers under the same control of management.
D&,planation$ 4Eor the purpose of clause -b.2 a <newspaper< shall be deemed to be categorised as big
medium or small newspaper on the basis of its circulation per issue2 as the Central @overnment2 ma2
b notification in the official gaBette2 notif from time to time.
-D&,planation amended vide @aBette &,traordinar dated ;une 72 1995.
-5. Before ma8ing an nomination under clause -a.2 clause -b. or clause -c. of sub"section ->.2 the
Central @overnment in the case of the first Council and the retiring Chairman of the previous Council
in the case of an subse3uent Council shall2 in the prescribed manner2 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 ma be notified in this behalf b
the Central @overnment in the case of the first Council and b the Council itself in the case of
subse3uent Councils/
Provided that where there is no association of persons of the categor referred to in said clause -c.2 the
panels of names shall be invited from such news agencies as ma be notified as aforesaid.
-6. !he Central @overnment shall notif the names of persons nominated as members under sub"
section ->. in the Afficial @aBette and ever such nomination shall ta8e effect from the date on which
it is notified.
-7. !he members of the Council notified under sub"section -6. shall elect from among themselves in
accordance with such procedure as ma be prescribed a person to be a member of the Committee
referred to in sub"section -0. and a meeting of the members of the Council for the purpose of such
election shall be presided over b a person chosen from among themselves.
!erm of office and retirement of members
7-1. +ave as otherwise provided in this section2 the Chairman and other members shall hold office for
a period of three ears$
Provided that the Chairman shall continue to hold such office until the Council is reconstituted in
accordance with the provision of section 6 for a period of si, months whichever is earlier.
-0. :here a person nominated as a member under clause -a.2 clause -b. or clause -c. of sub"section ->.
of section 6 is censured under the provision of sub"section -1. of +ection 152 he shall cease to be a
member of the Council.
->. !he term of office of a member nominated under clause -e. of sub"section ->. of section 6 shall
come to an end as soon as he ceases to be a member of the %ouse from which he was nominated.
-5. A member shall be deemed to have vacated his seat if he is absent without e,cuse2 sufficient in the
opinion of the Council from three consecutive meetings of the Council.
-6. !he Chairman ma resign his office b giving notice in writing to the Central @overnment2 and
an other member ma resign his office b giving notice in writing to the Chairman2 and upon such
resignation being accepted b the Central @overnment2 or as the case ma be2 the Chairman2 the
Chairman or the member shall be deemed to have vacated his office.
-7. An vacanc arising under sub"section -0.2 sub"section ->. sub"section -5. or sub"section -6. or
otherwise shall be filled2 as soon as ma be2 b 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 office.
7. A retiring member shall be eligible for renomination for not more than one term.
Conditions of service of members
7-1. !he Chairman shall be a whole"time officer and shall be paid such salar as the Central
@overnment ma thin8 fit/ and the other members shall receive such allowances or fees for attending
the meeting of the Council2 as ma be prescribed.
-0. +ub9ect to the provisions of sub"section -1.2 the conditions of service of members shall be such as
ma be prescribed.
->. it is hereb declared that the office of a member of the Council shall not dis3ualif its holder for
being chosen2 as2 or for being2 a member of either %ouse of Parliament.
Committees of the Council
-8.-1. Eor the purpose of performing its functions under this Act2 the Council ma constitute from
among its members such Committees for general or special purposes as it ma deem necessar and
ever Committee so constituted shall perform such functions as are assigned to it b the Council. .
-0. !he Council shall have the power to co"opt as members of an Committee constituted under
subsection -1. such other number of persons2 not being members of the Council2 as it thin8s fit.
->. An such member shall have the right to attend an meeting of the Committee on which he is so
co"opted and to ta8e part in the discussion thereat2 but shall not have the right to vote and shall not be
a member for an other purpose.
(eeting of the Council and Committees
9. !he Council or an 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 ma be provided b
regulations made under this Act.
Facancies among members of defect in the constitution not to invalidate acts and proceedings of the
Council
1G. )o act or proceedings of the Council shall be deemed to be invalid b reason of the e,istence of
an vacanc in2 or an defect in the constitution of the Council.
+taff of the Council
11-1. +ub9ect to such rules as ma be made b the Central @overnment in this behalf2 the Council
ma appoint at +ecretar and such other emploees as it ma thin8 necessar for the efficient
performance of its functions under this Act.
-0. !he terms and conditions of service of the emploees shall be such as ma be determined b
regulations.
Authentication of orders and other instruments of the Council
10. All orders and decisions of the Council shall be authenticated b the signature of the Chairman or
an other member authorised b the Council in this behalf and other instruments issued b the
Council shall be authenticated b the signature of the +ecretar or an other officer of the Council
authorised in li8e manner in this behalf.
C%AP!&# III
PO!ERS AN" FUNCTIONS OF THEnCOUNCIL
Ab9ects and functions of the Council
1>. - 1 . !he ob9ects 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.
-0. !he Council ma2 in furtherance of its ob9ects2 perform the following functions2 namel $
-a. to help newspapers and news agencies to maintain their independence/
-b. to build up a code of conduct for newspapers2 news agencies and 9ournalists in accordance with
high professional standards/
-c. to ensure on the part of newspapers2 news agencies and 9ournalists2 the maintenance of high
standards of public taste and foster a due sense of both the rights and responsibilities of citiBenship/
-d. to encourage the growth of a sense of responsibilit and public service among all those engaged in
the profession of 9ournalism/
-e. to 8eep under review an development li8el to restrict the suppl and dissemination of news of
public interest and importance/
-f. to 8eep under review cases of assistance received b an newspaper or news agenc in India from
an foreign source including such cases as are referred to it b the Central @overnment or are brought
to its notice b an individual2 association of persons or an other organisation.
Provided that nothing in this clause shall preclude the Central @overnment from dealing with an case
of assistance received b a newspaper or news agenc in India from an foreign source in an other
manner it thin8s fit/
-g. to underta8e studies of foreign newspapers2 including those brought out b an embass or other
representative in India of a foreign +tate2 their circulation and impact.
6 of 19G8
&,planation" Eor the purpose of this clause the e,pression 4foreign +tate4 has the meaning assigned to
it in +ection 87A of the Code of Civil Procedure2 19G8/
-h. !o promote a proper functional relationship among all classes of persons engaged in the
production or publication of newspapers or in news agencies.
15 of 1957
Provided that nothing in this clause shall be deemed to confer on the Council an functions in regard
to disputes to which the Industrial 1isputes Act2 19572 applies/
-i. to concern itself with developments such as concentration of or other aspects of ownership of
newspapers and news agencies which ma affect the independence of the Press/
-9. to underta8e such studies as ma be entrusted to the Council and to e,press its opinion in regard to
an matter referred to it b the Central @overnment/
-8. to do such other acts as ma be incidental or conducive to the discharge of the above functions.
Power to Censure
15-1. :here2 on receipt of a complaint made to it or otherwise2 the Council has reason to believe that
a newspaper or news agenc has offended against the standards of 9ournalistic ethics or public taste or
that an editor or wor8ing 9ournalist has committed an professional misconduct2 the Council ma2
after giving the newspaper2 or news agenc2 the editor or 9ournalist concerned an opportunit of being
heard2 hold an in3uir in such manner as ma be provided b regulations made under this Act and2 if
it is satisfied that it is necessar so to do2 it ma2 for reasons to be recorded in writing2 warn2
admonish or censure the newspaper2 the news agenc2 the editor or the 9ournalist or disapprove the
conduct of the editor or the 9ournalist2 as the case ma be $
Provided that the Council ma not ta8e cogniBance of a complaint if in the opinion of the Chairman2
there is no sufficient ground for holding an in3uir.
-0. If the Council is of the opinion that it is necessar or e,pedient in public interest so to do2 it ma
re3uire an newspaper to publish therein in such manner as the Council thin8s fit2 an particulars
relating to an in3uir under this section against a newspaper or news agenc2 an editor or a 9ournalist
wor8ing therein2 including the name of such newspaper2 news agenc2 editor or 9ournalist.
->. )othing in sub"section -1. sha11 be deemed to empower the Council to hold an in3uir into an
matter in respect of which an proceeding is pending in a court of law.
-5. !he decision of the Council under sub"section - I .2 or sub"section -0.2 as the case be2 shall be final
and shall not be 3uestioned in a court of law.
@eneral powers of the Council
6 of 19G8
16. -1. Eor the purpose of performing its functions or holding an in3uir under this Act2 the Council
shall have the same powers throughout India as are vested in a civil court while tring a suit under the
Code of Civil Procedure2 19G82 in respect of the followings matters2 namel$
-a. summoning and enforcing the attendance of persons and e,amining them on oath/
-b. re3uiring the discover and inspection of documents/
-c. receiving evidence on affidavits/
-d. re3uisitioning an public record or copies thereof from an court or office/
-e. issuing commissions for the e,amination of witnesses or documents/ and
-f. an other matter2 which ma be prescribed
-0. )othing in sub"section -1. shall be deemed to compel an newspaper2 news agenc2 editor or
9ournalist to disclose the source of an news or information published b that newspaper or received
or reported b that news agenc2 editor or 9ournalists.
56 of 187G
->. &ver in3uir held b the Council shall be deemed to be a 9udicial proceeding within the meaning
of sections 19> and 008 of the Indian Penal Code.
-5. !he Council ma2 if it considers it necessar for the purpose of carring out its ob9ects or for the
performance of an of its functions under this Act2 ma8e such observations2 as it ma thin8 fit2 in an
of its decisions or reports2 respecting the conduct of an authorit2 including @overnment.
'ev of fees
17-l . !he Council ma for the purpose of performing its functions under this Act2 lev such fees2 at
such rates and in such manner2 as ma be prescribed2 from registered newspapers and news agencies
and different rates ma be prescribed for different newspapers having regard to their circulation and
other matters.
-0. An fees paable to the Council under sub"section - 1 . ma be recovered as an arrear of land
revenue.
Paments to the Council
17. !he Central @overnment ma2 after due appropriation made b Parliament b law in this behalf2
pa to the Council b wa of grants such sums of mone as the Central @overnment ma consider
necessar for the performance of the functions of the Council under this Act.
Eunds of the Council
18. -1. !he Council shall have its own fund/ and the fees collected b it2 all such sums as ma2 from
time to time2 be paid to it b the Central @overnment and all grants and advances made to it b an
authorit or person shall be credited to the Eund and all paments b the Council shall be made
therefrom.
-0. All mones belonging to the Eunds hall be deposited in such ban8s or invested in such manner as
ma2 sub9ect to the approval of the Central @overnment2 be decided b the Council.
->. !he Council ma spend such sums it thin8s fit for performing its functions under this Act2 and
such sums shall be treated as e,penditure paable out of the Eund of the Council.
Budget
19. !he Council shall prepare2 in such form and at such time each ear as ma be prescribed2 a budget
in respect of the financial ear ne,t ensuing showing the estimated receipts and e,penditure2 and
copies thereof shall be forwarded to the Central @overnment.
Annual #eport
0G. !he Council shall prepare once ever ear2 in such form and at such time as ma be prescribed2 an
annual report2 giving a summar of its activities during the previous ear2 and giving an account of
the standards of newspapers and news agencies and factors affecting them and copies thereof2 together
with the statement of accounts audited in the manner prescribed under section 00 shall be forwarded
to the Central @overnment and the @overnment shall cause the same to be laid before both %ouses of
Parliament.
Interim #eports
01. :ithout pre9udice to the provisions of section 0G2 the Council ma prepare at an time during the
course of a ear2 a report giving a summar of such of its activities during the ear as it considers to
be of public importance and copies thereof shall be forwarded to the Central @overnment and the
@overnment shall cause the same to be laid before both %ouses of Parliament.
Accounts and Audit
00. !he accounts of the Council shall be maintained and audited in such manner as ma2 in
consolation with the Comptroller and Auditor"@eneral of India2 be prescribed.
C%AP!&# IF
MISCELLANEOUS
Protection of action ta8en in good faith
0>. -1. )o suit or other legal proceeding shall lie against the Council or an member thereof or an
person acting under the direction of the Council in respect of anthing which is in good faith done or
intended to be done under this Act.
-0. )o suit or other legal proceeding shall lie against an newspaper in respect of the publication of
an matter therein under the authorit of the Council.
(embers2 etc.2 to be public servants 56 of 198G
05. &ver member of the Council and ever officer or other emploee appointed b the Council shall
be deemed to be public servant within meaning of section 01 of the Indian Penal Code.
Power to ma8e #ules
06 -1. !he Central @overnment ma2 b notification in the Afficial @aBette2 ma8e rules to carr out
the purposes of this Act.
Provided that when the Council has been established2 no such rules shall be made without consulting
the Council $
-0. In particular2 and without pre9udice to the generalit of the foregoing power2 such rules ma
provide for all or an of the following matters2 namel$
-a. the procedure for nomination of members of the Council under clauses -a.2 -b. and -c. of sub
section ->. of section 6/
-b. the manner in which panels of names ma be invited under sub"section -5. of section 6/
-c. the procedure for election of a member of the Committee referred to in sub"section -0. of section 6
under sub"section -7. of that section/
-d. the allowances or fees to be paid to the members of the Council for attending the meeting of the
Council2 and other conditions of service of such members under sub"sections -1. and -0. of section 7/
-e. the appointment of the +ecretar and other emploees of the Council under +ection 11/
-f. the matters referred to in clause -f. of sub"section -1. of +ection 16/
-g. the rates at which fees ma be levied b the Council under section 17 and the manner in which
such fees ma be levied/
-h. the form in which2 and the time within which2 the budget and annual report are to be prepared b
the Council under sections 19 and 0G respectivel/
-i. the manner in which the accounts of the Council are to be maintained and audited under section 00.
->. &ver rule made under this section shall be laid2 as soon as ma be after it is made2 before each
%ouse of Parliament2 while it is in session/ for a total period of thirt das which ma be comprised in
one session or in two or more successive sessions2 and if2 before the e,pir of the session immediatel
following the session or the successive session aforesaid2 both %ouses agree in ma8ing an
modification in the rule or both %ouses agree that the rule should not be made2 the rule shall thereafter
have effect onl in such modified form or be of no effect2 as the case ma be/ so2 however2 that an
such modification or annulment shall be without pre9udice to the validit of anthing previousl done
under that rule.
Power to ma8e regulations
07. D-1. !he Council ma H-b notification in the official gaBette. ma8e regulations not inconsistent
with this Act and the #ules made thereunder2 for"
D#enumbered b Act 0G of 198>2 +ection 02 and the +chedule -w.e.f.2 16th (arch 1985.
HIns b ibid -w.e.f.2 16th (arch2 1985.
-a. regulating the meetings of the Council or an Committee thereof and the procedure for conducting
the business there at under section 9<
-b. specifing the terms and conditions of service of the emploees2 appointed b the Council2 under
sub"section -0. of section 11/
- c. regulating the manner of holding an in3uir under this Act/
-d. delegating to the Chairman or the +ecretar of the Council2 sub9ect to such conditions as it ma
thin8 fit to impose2 an of its powers under subsection ->. of section 18/
-e. an other matter for which provisions ma be made b regulations under this Act/
Provided that the regulations made under clause -b. shall be made onl with the prior approval of the
Central @overnment.
H>-0. !he Central @overnment shall cause ever regulation made under this Act to be laid2 as soon as
ma be after it is made2 before each %ouse of Parliament2 while it is in session2 for a total period of
thirt das which ma be comprised in one session or in two or more successive sessions2 and if2
before the e,pir of the session immediatel following the session or the successive sessions
aforesaid2 both %ouses agree in ma8ing an modification in the regulation or both %ouses agree that
the regulation should not be made2 the regulation should not be made2 the regulation shall thereafter
have effect onl in such modified form or be of no effect2 as the case ma be/ so2 however2 that an
modification or annulment shall be without pre9udice to the validit of anthing previousl done
under that regulation.
HIns b Ibid
DAmendment of Act 06 of 1877
07. In sub"section -1. of section 8C of the Press and #egistration of Boo8s Act2 18772 for the words
4consisting of a Chairman and another member to be appointed b the Central @overnment42 the
words and figures4 consisting of a Chairman and another member to be nominated b the Press"
Council of India2 established under section 5 of the Press Council Act 19782 from among its
members4 shall be substituted.
D-+ection 07 of the Press Council Act2 1978 repealed vide the #epealing and Amending Act2 19882
+ection 02 +ch.I$ upon amendment of +ec. 8- c. of Press and #egistration Act2 1877 to incorporate the
above mentioned words and figures..

Published in the @aBette of India
Part III +ection 5
@aBette &,traordinar
Press Council of India
)A!IEICA!IA)
)ew 1elhi dated )ov. 152 1979
In e,ercise of powers conferred b clause -c. of +ection 07 of the Press Council Act2 1978 ->7 of
1978.2 and all other powers 4hereunto enabling2 the Press Council of India hereb ma8es the
following #egulations2 namel$

1. +hort !itle and Commencement$
-1. !hese #egulations2 ma be called the Press Council -Procedure for In3uir. -Amendment.
#egulations2 0GG7.
-0. !he shall come into force on the date of their publication in the Afficial @aBette.
0. 1efinitions$ Cnless the conte,t otherwise re3uires$
-a. 4Act4 means the Press Council Act2 1978 ->7 of 1978..
-b. 4Committee4 means the In3uir Committee constituted b the Council under +ection 8-1. of the
Act for the purpose of in3uir into complaints under +ections1>-0. and 15 -1. of the Act$
-c . 4Council4 means the Press Council of India constituted under the Act/
-d. 4Complainant4 means a person or authorit ma8ing a complaint to the Council regarding a
newspaper2 news agenc2 editor or other wor8ing 9ournalist2 in the case of complaints under +ection
15-1. of the Act2 and with regard to complaints relating to other matters2 means a person ma8ing a
complaint to the Council in respect of an matter which the Council has 9urisdiction to entertain2
e,amine and pronounce Iits views upon2 and
-e. 4(atter4 in the case of complaints under +ection 15-1. means an article2 news"item2 news"report2
or an other matter which is published b a newspaper or transmitted b a news agenc b an means
whatsoever and includes a cartoon2 picture2 photograph< strip or advertisement which is published in a
newspaper$ and in the case of complaints relating to other matters2 <matter< relates to an action or
inaction said to impinge upon the freedom of the press.

>. Contents of complaint in respect of a newspaper2 news agenc2 editor or other wor8ing 9ournalist
under +ection 15-1. of the Act$
-1. where a person ma8es a complaint to the Council in respect of the publication or non"publication
of an matter in an newspaper or news agenc2 under +ection 15-1. of the Act he shall file the
complaint in duplicate with sufficient copies for the respondents listed and shall "
-a. furnish the name and address of the newspaper2 news agenc2 editor or other wor8ing 9ournalist
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 b a news agenc2 forward along with the
complaint a cutting of the matter complained of in original or a self attested cop thereof and such
other particulars as are relevant to the sub9ect"matter of the complaint/ and where the complaint is in
respect of non"publication of matter2 the original or a self attested cop of the matter2 non"publication
of which is complained of/ -&nglish translation of the matter if it is in vernacular.
-b. state in what manner the publication or non"publication of the matter complained of is
ob9ectionable within the meaning of +ection 15-1. of the Act/
-c . before filing the complaint before the Council2 draw the attention of the newspaper2 news agenc2
editor or other wor8ing 9ournalist concerned2 to the matter appearing in the newspaper etc. or to the
non"publication there of which2 in the opinion of the complainant2 is ob9ectionable and he shall also
furnish to the newspaper2 news agenc2 editor or the wor8ing 9ournalist2 as the case ma be2 the
grounds for holding such opinion. !he complainant shall2 along with the complaint2 enclose a cop of
the letter written b him to the newspaper2 news agenc2 editor or other wor8ing 9ournalist together
with a cop of the repl2 if an received b him2 provided that the Chairman ma in his discretion
waive this condition/
-d.In case where the complaint is that an editor or a wor8ing 9ournalist has committed an
professional misconduct2 other than the wa of the publication or non"publication of an matter in a
newspaper2 the complainant shall set out clearl in detail the facts which according to him 9ustif the
complaint and the provisions of clause -c . above shall also appl to such complaints.
e. In ever 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 an matter in respect
of newspaper or news agenc the same shall be lodged with the Council within the following periods
of its publication or non"publication$
A. 1ailies2 )ews agencies and :ee8lies .. within 0 months
B. In all other cases .. within 5 months
Provided that a relevant publication of an earlier date ma be referred to in the complaint.
-ii. In the case of a complaint against an editor or wor8ing 9ournalist under clause -d. above the same
shall be lodged within 5 months of the misconduct complained of$
Provided that the Chairman ma2 if satisfied that the complainant has acted promptl2 but that the
dela in filing the complaint within the period prescribed under sub clause -i. or sub"clause -ii. of
#egulation ->.1-f. has been caused b reason of the time ta8en to compl with the condition laid
down in sub clause -c. supra or on account of other sufficient cause condone the dela and entertain
the complaint.
-0.!he complainant while presenting the complaint shall at the foot thereof ma8e and subscribe to a
declaration to the effect$
-i. that to the best of his 8nowledge and belief he has placed all the relevant facts before the Council
and that no proceedings are pending in an Court of 'aw in respect of an matter alleged in the
complaint.
-ii. that he shall inform the Council forthwith if during the pendenc of the of the in3uir before the
Council an matter alleged in the complaint becomes the sub9ect"matter of an proceeding in a Court
of 'aw.
5. #eturn of Complaint $
-1. :here a complainant does not compl with the re3uirements of regulation >2 the Chairman ma
return the complaint under registered post ac8nowledgement due as8ing the complainant to bring it in
conformit with such re3uirements and represent it within such time as he ma deem fit in that behalf.
-0. :here a complainant fails to compl with the re3uirements within four wee8s of service thereof2
the Chairman ma decide to close action in the matter. !he Council shall2 at its ne,t meeting2 be
apprised of such decision.
6.Issue of notice$
- I . As soon as possible2 and in an case not later than fort five das from the date of receipt of a
complaint complete in all respects2 under the direction of the Chairman2 a cop thereof shall be sent to
the newspaper2 news agenc2 editor or other wor8ing 9ournalist against which or whom the complaint
has been made2 under regulation > along with a notice re3uiring the newspaper2 news agenc2 editor
or other wor8ing 9ournalist2 as the case ma be2 to show cause wh action should not be ta8en under
+ection 15 of the act. Provided that in appropriate cases the Chairman shall have the discretion to
e,tend time for the issuance of the notice.
Provided further that the Chairman ma decide not to issue a notice to show cause to the newspaper2
news agenc2 editor or wor8ing 9ournalist where2 in his opinion2 there is no sufficient ground for
holding an in3uir. !he Council at its ne,t meeting shall be apprised b the Chairman of the reasons
for his decision not to issue a 4+how Cause4 notice and it ma pass such orders as it deems fit.
-0. !he notice issued under sub"regulation - I . above shall be sent to the newspaper2 news agenc2
editor or other wor8ing 9ournalist concerned b registered post2 ac8nowledgement due2 at the address
furnished in the complaint.
7. Eiling of written statement$
- 1 . !he newspaper2 news agenc2 editor or other wor8ing 9ournalist against which or whom the
complaint is made ma2 within fourteen das from the date of service of the cop of the complaint
and notice under regulation 6 or within such further time as ma be granted b the Chairman in this
behalf2 submit a written statement in repl to the complaint.
-0. A cop of the written statement when received shall be forwarded to the complainant for his
information.
->. After receipt of the complaint or written statement2 the Chairman ma2 if he considers necessar2
call for an further information either from the complainant or the respondent newspaper2 news
agenc2 editor or wor8ing 9ournalist2 as the case ma be2 in order to clarif matters appearing in the
complaint or written statement and in doing so2 ma call for such documents or further statements as
he might consider necessar. All the documents and statements called for b him shall form part of
the record and shall be placed before the Committee at the time of the in3uir.
7. Power to call for additional particulars etc.$
!he Committee ma after considering the complaint and the written statement2 call for such
additional particulars or documents or relevant to the sub9ect"matter of the case as it ma consider
necessar from both the parties or either of them.
8. #e9ection of complaint of the same nature previousl in3uired into$
-I. :here at an time in the course of the in3uir into the complaint it appears to the Committee that
the sub9ect"matter of the complaint is substantiall the same as2 or has been covered b an former
complaint dealt with b the Council under these regulations2 the Committee shall hear the
complainant2 if he desires to be heard< and also if the Committee considers it necessar2 the
newspaper2 news agenc2 editor or other wor8ing 9ournalist2 as the case ma be2 and ma8e its
recommendation to the Council which ma pass such order as ma be considered necessar and the
same shall be dul communicated to the parties.
9. In3uir b the Committee$
)otice of the time2 date and place of hearing shall be served on the complainant as well as on the
newspaper2 news agenc2 editor and wor8ing 9ournalist2 as the case ma be2 and shall be sent b
registered post2 ac8nowledgement due. In the in3uir before the Committee the parties shall be
entitled to adduce relevant evidence2 oral or documentar2 and ma8e submissions in support of their
contentions.
-0. At the close of the In3uir the Committee shall ma8e 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.
1G. 1ecision b the Council$
-1. !he Council shall after perusing the record of the case2 pass orders giving its decision or it ma
remit the case to the Committee for such further in3uir as the Council ma deem necessar and after
receipt of its report dispose of the case.
-0. &ver case shall be determined b a ma9orit of votes of the members of the Council present and
voting2 and in the event of the votes being e3ual2 the Chairman shall have a casting vote and shall
e,ercise the same.
->. !he order of the Council shall be communicated in writing to the parties to the case.
11. Appearance of parties etc. $
In an in3uir under these regulations2 the editor2 news agenc or other wor8ing 9ournalist2 or an
authorit including government2 or the newspaper through its editor2 against which or whom a
complaint has been made ma appear in person2 or with the permission of the Committee or Council
as the case ma be2 b a Counsellor or a dul authorised representative.
10. #estrictions on power of members to discuss and vote in certain cases$
)o members of the Committee shall vote or ta8e part in the discussion of2 and no member of the
Council shall vote or ta8e part in the discussion of an complaint coming up for consideration at a
meeting of the Committee or the Council if the case is one in which he is personall involved or has
an direct or indirect interest b himself or his partner2 or in which he is interested professionall on
behalf of a client or as an agent or representative for an newspaper2 news agenc2 editor or other
wor8ing 9ournalist as the case ma be.
1>. Power to ta8e suo motu action$
!he Chairman ma suo motu issue notice or2 as the case ma be2 ta8e action in respect of an matter
which falls within the mischief of +ection 15-1 . of the Act or in respect of or relating to an matter
falling under +ection 1>-0. thereof and thereupon the procedure prescribed b these regulations from
regulation 6 onwards shall be followed as if it were a complaint under regulation >.
15. Procedure in respect of complaints etc. under +ection 1>$
!he procedure prescribed b these regulations in respect of complaints under section 15-1. of the Act
shal1 appl2 as far as ma be2 to complaints or representations received b the Council with regard to
an sub9ect falling within the provisions of +ection 1>.
Provided that a person ma8ing such a complaint shall ma8e the complaint in duplicate with
sufficient copies for the respondents listed and shall$"
a. @ive complete particulars of the respondent-s. viB )ame2 1esignation and complete address.
b. +tate how the actionJinaction of the respondent authorities amounts to curtailment of the
freedom of the press. (ention the possible reason for the actionJinaction of the
respondent-s.Jauthorities dul supported b documentar evidence.
" In case the action of the respondent-s.Jauthorities is a reprisal measure for writings in the newspaper2
critical of the respondent<s.2 the cuttings of such reports be furnished in original or as self attested
copies. -&nglish translation2 if the news item-s. is in vernacular.
c. 1raw the attention of the respondent-s.Jauthorities towards the grievance and furnish a cop of
the letter written to the respondent-s.Jauthorities.
K L Eurnish a cop of the repl2 if an2 received from the respondent-s.Jauthorities. Provided that
the Chairman ma waive this re3uirement in his discretion.
d. Place before the Council all relevant facts along with the supporting documents.
e. -i. !ime for filing complaint$ 5 months from the date of cause of action.
ii. Provided that the Chairman ma condone the dela If he is satisfied that there e,ist sufficient
reasons for such condonation.
f. (a8e and subscribe to the declaration prescribed in #egulation >-0. supra.
Eurther provided that on receipt of such complaint2 complete in all respects2 under the direction
of the Chairman2 a cop thereof shall be sent to the authorit against whom the complaint has been
made along with a notice for statement in repl as to wh the matter does not warrant observation
under +ection 16-5. of the Act. !hat the procedure specified in #egulation 7"10 above shall thereafter
be adopted.
16. Procedure in matters not provided for in these #egulations$
!he Council as also the Committee shall have the power to regulate their own procedure in respect of
an matter for which no provision or inade3uate provision is made in these regulations and shall also
have the power in appropriate cases to hold in3uiries in camera.