REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 26] NEW DELHI, THURSDAY, SEPTEMBER 23, 1965/ASVINA I, 1887 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY-OF LAW (Legislative Department) New Delhi, the 23rd September, 1965lAsvina 1, 1887 (Saka) The following Act,s of Parliament received the assent of the President on the 22nd September, 1965, and are hereby published for general information: — THE PRESS AND REGISTRATION OF BOOKS (AMENDMENT) ACT, 1965 No. 16 OF 1965 [22nd September, 1965] An Act further to amend the Press and Registration of Books Act, 1867. BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: —
1. (i) This Act may be called the Press and Registration of Books (Amendment) Act, 1965.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title and commencement. 361 3 6 j THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II Amendment of section I.
2. Section 1 of the Press and Registration . of Books Act, 1867 (hereinafter referred to as the principal Act) shall be re-numbered •as sub-section (1) thereof, and— 25 of 18tTi
(a) in sub-section (i) as so re-numbered, the definition of "India" shall be omitted;
(b) after sub-section (/) as so re-numbered, the following sub-section shall be inserted, namely: — "(2) Any reference in this Act to any law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law in force in that State.". Insertion of new section 5A.
3. After section 5 of the principal Act, the following section shall be inserted, namely: — Keepers of printing presses and printers andpublishers of newspapers in Jammu and Kashmir to make and subscribe fresh declarations within specified period. "5A (I) No person who has made and subscribed a declaration in respect of any press under section 4 of the Jammu and Kashmir State Press and Publications Act, S. 1989 shall keep the press in his possession for the printing of books or papers after the expiry of a period of two months from the date of commencement of the Press and Registration of Books (Amendment) Act, 1965 unless before the expiry of that period he makes and subscribes a fresh declaration in respect of that press under section 4 of this Act-
(2) Every person who has subscribed to any declaration in respect of a newspaper under section 5 of the Jammu and Kashmir State Press and Publications Act, S. 1989 shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration after the expiry of a period of two months from the date of commencement of the Press and Registration of Books (Amendment) Act, 1965 unless before the expiry of that period he makes and subscribes a fresh declaration in respect of that newspaper undor rule (2) of the rules laid down in section 5 of this Act.". Jammu and Kashmir Act No. I. ofS 1989 Amendment of section 22
4. In section 22 of the principal Act, the words "except the State of Jammu and Kashmir" shall be omitted. SEC, 11 THE GAZETTE OF INDIA EXTRAORDINARY 363 THE REPRESENTATION OF THE PEOPLE (SECOND AMENDMENT) ACT, 1965 No. 17 OF 1965 [22nd September, 1965] An Act further to amend the Representation of the People Act, 1951 BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows:—
1. This Act may be called the Representation of the People (Second Amendment) Act. }9fii\ Short title. U <t I 9 5 1 2. In Part VIII of the Representation of the People Act, 1951, after section 145, the following Chapter and sections shall be inserted, namely:— Insertion of' new Chapter and sections after seiction
145."CHAPTER IV Powers of Election Commission in connection with Inquiries as to Disqualifications of Members 20 of 1963. of 1908.
146. (1) Where in connection with the tendering of any opinion to the President under article 103 or, as the case may be, under sub-section (4) of section 14 of the Government of Union Territories Act, 1963, or to the Governor under article 192, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced In such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—- Powers of Election Commla. sion.
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office; 364 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II
(c) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject matter of the inquiry.
(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code, is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898, forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898.
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code. 45 of JS60 5 of 1898 Statements made by persons to the Election Commissions.
146A. No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the statement—
(a) is made in reply to a question which he is required by the Commission to answer, or
(b) is relevant to the subject-matter of the inquiry. procedure to be followed by the Election Commission.
146B. The Election Commission shall have the power to' regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public ox in private) SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 365
146C. No suit, prosecution or other legal proceeding shall lie Protection against the Commission or any person acting under the direction of action of the Commission in respect of anything which is in good faith t a k e n l n done or intended to be done in pursuance of the foregoing pro- jf°, visions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the President or, as the case may be, to the Governor or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.". R. C. S. SARKAR, Secy, to the Govt, of India. PRINTED IN INDIA BY THE GENERAL MANAGER GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1965.