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Section 22

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

(1) Any police officer or any other officer empowered in this behali by a fcitate Uovernment may se±ze any unautnurised newspaper or unautnorised news-sneet in the btate.

Power to seize and destroy unauthorised newspapers and newssheets.

(2) Any Metropolitan Magistrate, Chief Judicial Magistrate or a Magistrate of tne nrst-ciass may, by warraat, autnorise any punce otticer, not oeiow the ranit 01 a suD-in^pector, to enter upon tuuu scaicn any place where any stock 01 unaumonsed newspaper or news-sneets may oe, or may be reasonably suspected to be, ami ^ucn pouce onicer may seize any documents iound in sucn piace whicn, in ms opinion, axe uuautnonsed newspapers or unautnorised news-sneets,

(3) All documents seized under sub-section (1) shall be produced, as soon as may be, oetore a Metropolitan Magistrate, a duel ouoKuai Magistrate or a Magistrate of tne nrst clas^ and ail documents seized unaer. sub-section (?) snail be prouuced, &d soon as may be, bexure me Court of the Magistrate wno issued tne warrant.

(4) If in the opinion of such Magistrate or Court any of such documencs are unautnorised newspapers or unautnorised news-sn-eeis, tne Magistrate or Court may cause cnam to be aeduoyed, but n, in tne opinion of sucn Magistrate or uourt any 01 sucn documents are not unaumonsed newspapers or unauthorised news-snaets, sut;n Magistrate or Court snail dispose of them in tne manner provided in sections ±51, 4otJ and 4o9 01 tne Code.

23. (J) Where a Metropolitan Magistrate or a Chief Judicial Magistrate has reason to beheve that an unautnorised newspaper or unaui.norised news-sheet is being produced from an undeclared press within the local limits of his jurisdiction, he may, by warrant, authorise any police officer, not below the rank of a sub-inspector, to enter upon and search any place where such undeclared press may be, or may be reasonably suspected to be, and if, in the opinion 01 the ponce officer, any press found in such place is an undeclared press and is used to produce an unautnorised newspaper or unauthorised news-sheet, ha may seize such press and any documents found in the place which, in his opinion, are unauthorised newspapers or unauthorised news-sheets.

Power to seize and forfeit un.

declared presses producing unauthorised newspapers and unauthorised newssheets.

(2) The police officer shall forthwith make a report of the search to the Court which issued the warrant and shall produce before such Court, 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 Court only such parts thereof as he may think fit.

(3) If such Court, after such inquiry as it may think requisite, is of opinion that & press seized under this section is an unauthorised press 758 THE GAZETTE 01 INDIA EXTRAORDINARY [PART II— which is used to produce an unauthorised newspaper or news-sheet, it may, by order in writing, declare the press or any part thereof to be forfeited to the Central Government, but if after such inquiry the court is not of such op.aion, it shall dispose of the press in the manner provided in sections 457, 458 and 459 of the Code.

(4) The Court shall deal with the documents produced before it under this section in the manner provided in sub-section (4) of section 22.

CHAPTER V APPEALS AND APPLICATIONS TO HIGH COURT

Where this provision sits

ActPrevention of Publication of Objectionable Matter Ordinance, 1975
Section22
StatusIn force as published by the source

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