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Section 2

Prevention of Publication of Objectionable Matter Ordinance, 1975Ordinance · 1975

(i) In this Ordinance, unless the context otherwise requires,—Definitions and construction.

(a) "book" includes every volume, part or division of a volume, pamphlet and leaflet, in any language, and every sheet of music, map, ohart or plan separately printed, lithographed or otherwise mechanically produced;

(b) "Code" means the Code of Criminal Procedure, 1973; 2 of 1974.

(c) "competent authority' means a competent authority appointed under section 4;

(d) "document" includes also any painting, drawing or photograph or other visible representation;

(e) "newspaper*1 means any periodical work containing public news or comments on public news;

(f) "news-sheet" means any document other than a newspaper Containing public news or comments on public news;

(g) "press" means a printing press, and includes all plant, machinery, dup'ttcitors, ° types, implements and other materials used for the purpose of, or in connection with, printing or multiplying documents;

(h) "Press Registration Act" means the Press and Registration o-f Books Act, 1867; 25 of 1867.

(i> "State Government", in relation to a Union territory, means the administrator thereof appointed under article 239 of the Constitution;

(j) "unauthorised newspaper" means—

(i) any newspaper in respect of which, security has been required under this Ordinance but has not been furnished as required, or («) any newspaper which is published without conforming to the rules laid down in section 5 of the Press Registration Act;

('fc) "unauthorised news-sheet" means any news-sheet in respect of which security has been required from the publisher thereof under tiiie Ordinance but has not been furnished as required or any newssheet which does not contain the name of the printer and the publisher;

(I) "undeclared press" means any press other than a press in respect of which there is for the time being a valid declaration und«rr section 4 of the Press Registration Act;

(m) any expression used but not denned in this Ordinance shall —

(i) if such expression is denned in the Code, have the same meanine as in the Code; and

(ii) if such expression is not denned in the Code but denned in the Indian Penal Code, have the same meaning as in the Indian Penal Code 43 of I860.

(2) For the purposes of this Ordinance, where different editions of the same newspaper or news-sheet are published, each such edition shall be deemed to be a separate newspaper or news-sheet.

SEC. lj THE GAZETTE OF INDIA EXTRAORDINARY 749

(3) Any reference in this Ordinance to any law which is not in force in any area ..hall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

(4) Any reference in this Ordinance to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette.

3. In this Ordinance, the expression "objectionable matter" means any words, signs or visible representations— "Objectionable matter" defined.

(a) which are niceiy to—

(i) bring into hatred or contempt or excite disaffection towards the Government established by law in India or in any State thereof and thereby cause or tend to cause public disorder; or

(w) incite any person to interfere with the production, supply or distribution of food or other essential commodities or with essential services; or (Hi) seduce any member of the Armed Forces or the Forces charged with the maintenance of public order from his allegiance or his duty or prejudice the recruiting of; persons to serve in any such Force or prejudice the discipline of any such Force;

{iv) promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or

(v) cause fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or

(vi) incite any person or any class or community of persons to commit murder, mischief or any other offence; or

(b) which—

(i) are defamatory of the President of India, the Vice- President of India, the Prime Minister or any other member of the Council of Ministers of the Union, the Speaker of the House of the People or the Governor of a State;

(ii) are grossly indecent, or are scurrilous or obscene or intended for blackmail.

Explanation I.—Comments expressing disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means, and words pointing out, with a view to their removal by lawful means, matters which are producing, or have a tendency to produce disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall not be deemed to be objectionable matter with;n the meaning of this section, 750 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Explanation II.—In considering whether any matter is objectionable matter under this Ordinance, the effect of the words, signs or visible representations, and not the intention of the keeper of the press or the publisher or editor of the newspaper or news-sheet, as the case may be, shall be taken into account.

Where this provision sits

ActPrevention of Publication of Objectionable Matter Ordinance, 1975
Section2
StatusIn force as published by the source

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