(1) The Central Government may, by notification in the Official Gazette, appoint such officers (being officers of the Central Government, not below the rank of a Deputy Secretary to that Government, or officers of State Governments or Administrations of Union territories not below the rank of a District Magistrate) as it deems fit to be competent authorities for the purposes of this Ordinance and specify the local limits of their jurisdiction.
Appointment of competent authorities.
(2) An officer appointed under sub-section (1) may exercise the powers of a competent authority under this Ordinance in relation to presses situated and newspapers and news-sheets published within the local limits of his jurisdiction, the keepers of such presses and the publishers and editors of such newspapers.
CHAPTER II PROHIBITION OF PREJUDICIAL PUBLICATIONS
5. (I) The Central Government or the competent authority, if satisfied that action is necessary for the purpose of preventing or combating— Power to control prejudicial publications.
(a.) any activity prejudicial to the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality; or
(b) any activity involving, or likely to involve or culminate in incitement to offences.
may, by order in writing, addressed to the keeper of any press or any publisher or editor, prohibit the minting or publication in any document or any class of documents of any matter relating to a particular subject or class of subjects for a SDecifled period (not exceeding two months from the date of communication of the order) or in a particular issue or issues of a newspaper or periodical.
(2) An order made under sub-section (1) shall not take effect until it is communicated to the person against whom it is made.
(3) When any order is made by the competent authority under subsection (1) against any person, the competent authority shall forthwith report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter and the Central Government may, if satisfied after making such enquiry, if any, as it may deem fit, that it is proper so to do, set aside such order or modify such order to. the advantage of such person.
(4) Without prejudice to the provisions of sub-section (3), any person aggrieved by an order made under sub-section (1) may, within ten days of the communication of the order to him, make a representation to the Central Government and the Central Government may, after making SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 751 such enquiry as it may deem fit and after taking into account the action, if any, taken by it under sub-section (3) in respect of such order, dispose of the matter confirming, modifying or setting aside the otder or, as the case may be, confirming such action:
Provided that if the person making the representation makes a request in his representation that he> should be given an opportunity to be heard, the Centra] Government or the State1 Government, as the case may be, shall not dispose of the matter without giving to such person such opportunity.
(5) If within a period of seven days from the date of receipt of a representation under sub-section (4) the Government fails to confirm, modify or set aside the order against which the representation is made, the order shall, unless sooner set aside under sub-section (3), be deemed to have been set aside on the expiry of that period.
Explanation.- In computing the said period of seven days,—
(a) public holidays, that is to say, days on which the offices of the Government rema;n closed; and
(b) any time allowed to the person making the representation in compliance with his request to be heard; and
(c) any period during which the representation could not be disposed of by reason of any injunction or order of any court (including the day on which such order or injunction was issued or made and the day on which it was withdrawn), shall be excluded.
G. In the event of disobedience of an order made under section 5, the Central Government or the competent authority issuing the order may, without prejudice to any other penalty, to which the person guilty of the disobedience of the order is liable under this Ordinance or under any other law for the time being in force, direct that copies of the publication made in disobedience of such order be seized, and that any printing press or other instrument or apparatus used in the publication be closed down for the period such order is in operation.
Forfeiture of publications made in contravention of orders under section 5.
7. Whoever contravenes, disobeys or neglects to comply with any order made under section 5 shall, on conviction, be punished with1 imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Penalty (or contravention of orders under section 5.
CHAPTER III PREVENTION OF PRINTING AND PUBLICATION OF OBJECTIONABLE MATTER
8. Whenever it appears to the competent authority that any press has been used for the purpose of printing or publishing any newspaper, newssheet, book or other document containing objectionable matter, and that there are sufficient grounds for demanding security from the keeper of the press under this section, the competent authority shall, by order in writing, direct the keeper of the press to deposit as security, within twenty-one days from the date of the order, such amount as the competent authority may think fit to require;
Power to demand security from presses in certain cases, 752 THE GAZETTE OP INDIA EXTRAORDINARY [PAUT II—
Provided that if, having regard to all the circumstances of the case, the competent authority is satisfied that the requirements of the case will be met by a warning, the competent authority may, instead of demanding security, record, by order in writing, such warning.
ft. Whenever it appears to the competent authority that any press in respect of which any security has been ordered to be deposited under section 8 or under this section is thereafter used for the purpose of printing or publishing any newspaper, news-sheet, book or other document containing objectionable matter, the competent authority shall, by order in writing, declare such security as has been deposited, or any portion thereof, to be forfeited to the Central Government or direct the keeper of the press to deposit, within twenty-one days from the date of the order, such further security as the competent authority may deem fit to require and may also, in either case, declare all copies of the newspaper, newssheet, book or other document containing such objectionable matter, wherever found in India, to be forfeited to the Central Government.
Power to forfeit security or demand further security from presses.