THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

In 1867, a law called the Press and Registration of Books Act, 1867 was passed, which sought to regulate printing presses and newspapers by a system of registration and to preserve copies of newspapers and books published in India.

This law was enacted by the British Government when they were ruling our subcontinent since one of the most important objectives of the British Government was to tighten the hold over the Indian people. Such laws were systematically resorted to by the British to throttle the Indian Press.

Before the enactment of this law, there were other rules and regulations enforced, which the British authorities found inadequate and insufficient. Thus, to tighten their hold on the people and the Press, as also on inflammatory articles, writings and speeches originating in the subcontinent aimed at securing freedom form the British, the law was passed.

After securing independence in 1947, the Indian Government has been following the British model of Jurisprudence and form making of legislations. Consequently, the various provisions of this law, as enacted by the British, are being rigidly enforced in India even today.

As is the case of several other laws in force in our county, in the case of the PRBA also, several inadequacies and loop holes were detected, when it came to practical implementation. Based on the Government’s experience with regard to the practical implementation of the law and the court judgements regarding the various provisions of the law, a large number of amendments have been made in this law as well.

Objectives of the law

The following are the important objects of PRBA, 1867:

-       Regulation, control and compulsory registration of all printing presses in function in India.

-       Compulsory registration, regulation and control of all newspapers published in India, in English or any regional language.

-       Compulsory registration, regulation and procurement of all newspapers, periodicals and books published in English or any other Indian language in India.

Important provisions and definitions and key concepts:

Like in the case of several other laws, the key words, concepts in this too, are clearly defined. The important legal words used in the different areas of the law are defined extensively and in detail, so that people affected by the provisions of this law know the exact manner and method in which the law affects their operations and smooth day to day functioning.

The key words defined in the law are:

Book: ‘Book’ includes every volume, part or division of a volume and pamphlet, in any language and every sheet of music, map, chart or plan separately printed.

Editor: ‘Editor’ means the person who controls the selection of matter that is published in a newspaper.

Magistrate: ‘Magistrate’ means any person exercising the full powers of a Magistrate and includes a Magistrate of Police.

Newspaper: any printed periodical work containing public news or comments on public news.

Paper: any document including a newspaper, other than a book.

Prescribed: prescribed by rules made by the Central Government under section 20-A.

Press Registrar: The Registrar of Newspapers for India appointed by the Central Government under Section 19-A and includes any other person appointed by the Central Government to perform all or any function of the Press Registrar.

Printing: includes cyclostyling and printing by lithography.

Register: the Register of newspapers maintained under Section 19-B(section 1).

 

Important provisions of the law:

-       Compulsory submission to the government authorities of all newspapers, periodicals and books published in India, for their scrutiny and records.

-       A catalogue containing details of all newspapers, periodicals and books published in India will be prepared systematically and regularly by all state governments and submitted to the Registrar of Newspapers for India (RNI) on a regular basis and to such other government authorities as shall be notified from time to time, by the government.

-       Though this is a Central Government legislation, the subsequent amendments carried out to the different provisions of this law empowers the various state governments in India to make such additions or legal changes that may be required for the purpose of smoother implementation of the various provision in their jurisdiction.

-       This law makes it mandatory for the owners of the printing press, as also the Printer, Publisher, and editor to register themselves before a District Magistrate of a Sub-Divisional Magistrate coming under their jurisdiction. While registering details such as name and title of the publication, the periodicity, the language, the price, the name of the editor, printer, publisher and such other details as will be demanded by the magistrate. Failure to register themselves attracts penal provisions such as fine and imprisonment as prescribed by this law.

-       Authentication of the registration is an important provision in this law. Two copies of the authenticated document are to be prepared. The authentication can be done only by the special magistrates, district magistrate or a sub divisional magistrate falling within the jurisdiction of the newspaper or book involved.

-       One copy of the authenticated document containing the original seal and signature of the Magistrate concerned will be kept by the Magistrate himself for his records. The second copy will be kept with the HC itself as part of the HC’s records. There cannot be a third original which can be prepared. Two copies can be made with attestation for the applicant’s records. No alteration of any variety can be made on the authenticated records. In case the printer, publisher or editor cannot present himself physically for the purpose of registration/authentication, this law allows to appoint an agent with a special letter of authorization to carry out this work. Failure to comply with these provisions of authentication attracts penal provisions by way of imprisonment and hefty fines.

-       The law also makes it mandatory for submission of books, periodicals, newspapers, published any time, even if it is altered/repeated edition to the Registrar of Newspapers for India (RNI).

-       The authenticated document constitutes a firm piece of legal evidence for the purpose of any litigation involving any court of law.

-       In case a document cannot be authenticated in a particular HC, precisely because the matter does not come under its jurisdiction or purview, the law clearly states that the nearest civil court of appellate jurisdiction will have to be approached by the concerned parties for the purpose of authentication and registration of documents.

-       The law further states that every newspaper or periodical organization will have to compulsorily submit their annual report to various government authorities regularly (every year).

-       The Registrar of Newspapers for India (RNI) is granted adequate powers for collecting any newspapers or periodicals from any organization at any point of time, by just quoting the various provisions of this law.

-       While giving powers to the RNI, the law further states that the officers working under the Press Registrar can be authorized by him (RNI) for handling all aspects, situations and matters involving the practical applicability of the provision of this law.

-       The various provisions of this law will operate in tandem with other Central/State government laws, rules, regulations, amendments in force from time to time.

-       Most importantly, the Registration of Newspapers (Centre Rules 1956) will apply to the various provisions mentioned earlier.

Amendments:

A number of amendments were made in the act from time to time. But, major amendments were carried out in 1955 following the recommendations of the First Press Commission in 1953, consequent upon which the Office of the Registrar of Newspapers of India(RNI) was created and started functioning in 1956.