Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule.
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1. Subs. by Act 65 of 1962, s. 9, for sub-section (3) (w.e.f. 15-1-1963).
2. Subs. by Act 60 of 1974, s. 6, for “or in two successive sessions”.
3. Subs. by s. 6, ibid., for “in which it is so laid or the session immediately following”.
15 1[THE SCHEDULE [See section 2(d)]
1. For the purposes of clause (d) of section 2,—
(1) two or more newspaper establishments under common control shall be deemed to be one newspaper establishment;
(2) two or more newspaper establishments owned by an individual and his or her spouse shall be deemed to be one newspaper establishment unless it is shown that such spouse is a sole proprietor or partner or a shareholder of a corporate body on the basis of his or her own individual funds;
(3) two or more newspaper establishments publishing newspapers bearing the same or similar title and in the same language in any place in India or bearing the same or similar title but in different languages in the same State or Union territory shall be deemed to be one newspaper establishment.
2. For the purposes of paragraph 1 (1), two or more establishments shall be deemed to be under common control—
(a) (i) where the newspaper establishments are owned by a common individual or individuals;
(ii) where the newspaper establishments are owned by firms, if such firms have a substantial number of common partners;
(iii) where the newspaper establishments are owned by bodies corporate, if one body corporate is a subsidiary of the other body corporate, or both are subsidiaries of a common holding company or a substantial number of their equity shares are owned by the same person or group of persons, whether incorporated or not;
(iv) where one establishment is owned by a body corporate and the other is owned by a firm, if a substantial number of partners of the firm together hold a substantial number of equity shares of the body corporate;
(v) where one is owned by a body corporate and the other is owned by a firm having bodies corporate as its partners if a substantial number of equity shares of such bodies corporate are owned, directly or indirectly, by the same person or group of persons, whether incorporated or not, or
(b) where there is functional integrality between concerned newspaper establishments.]
1. Ins. by Act 31 of 1989, s. 4.