The Punjab Special Powers (Press) Act, 1956

The Punjab Special Powers (Press) Act, 1956 Act 38 of 1956 Keyword(s): Public Harmony, Public Order, Printer, Publisher, Editor DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. THE PUNJAB SPECIAL POWERS (PRESS) ACT. 1956. 1. Short title, extent and commencement. 2. Power to control publications. 3. Power to prohibit entry into Punjab of newspapers. 4. Penalty. THE PUNJAB SPECIAL POWERS (PRESS) ACT, 1956. (PUNJAB ACT NO. 38 OF 1956.)1 [Received the assent of the President on the 19th October, 1956 and was published in the Punjab Gazette, Extra. , dated the 25th October, 1956.1 Amended, repealed or otherwise affected by,- (i) Punjab Act No. 40 of 19572,p ublished in Punjab Gazette, Extra., dated the 16th November, 1957. (ii) Punjab Ordinance No. I of 1960. (iii) Punjab Act No. 29 of 19603, published in the Punjab Gazette, Extra. Legislative supplement Part I, dated the 28th November, 1960. (iv) A.O. 1968, published in the R.H.P. dated the 1st February, 1969, p. 158-161. (v) A.O. 1973, published in R.H.P. Extra, dated the 20th January, 1973. P. 91-112. Be it enacted by the Legislature of the State of Funjab in the Sewnth year of the Republic of India as follows :- I. For statement of Objects? and Reasons, see Punjab Gazette, Extra., dated the 28th August, 1956,. The Act applies only tolnerged areas by virtue of section 88 of the Punjab Re- organisation Act, 1966. It was extended to erstwhile Pepsu areas by Punjab Act No. 5 of 1957. 2. For statement of Objects and Reasons, see Punjab Gazette, Extra., dated the 19th October, 1957. 3. For Statement of Objects and Reasons, see i Punjab Gazette Extra, dated the 14th I October, 1960. 1. Short title, extent and commencement.-(1) This Act may be called the Punjab Special Powers (Press) Act, 1956. (2) It extends to Ifthe territories specified in sub-section (I) of section 5 of the Punjab Reorganisarion Acr, 1966.1 (3) It shall come into force at once. 2. Power to control publications.-(I) The 2[State Government] or any authority so authorisecl in this beh~lfisfa tisfied that such action is necessary for the purposes of preventing or colnbnting any activity prejudicial to the maintenance of communal harmony affecrii~go r iikely to affect public order may by order in writing nddresscd to a painter, publisher or editor,- (a) prohibit the printing or publication in any document or any class of documenis of any matter relating to a particular subject or class of subjccts for a specified period or in :I particular iswe ur issues of a rlewspaper or periodical : Provided that no such order shall remain In force for more than two months from the making thereof, 3[unless before the expiry of such period the "State Government], by an order made in the like manner, extends it by any period not exceeding two mvllths at a time as it thinks fit so, however, illat the' total period of the original 2rdcr does not exceed six months] ; Provided further that he person against whom the order has been made may w~thinte n clays ol'the p;~sc~i?ogf this order malce a representation to the 2[State Government] ~~iilicmha y on consider2tlosz thereof modify, confirill or rescind the order ; (b) require that any matter, covering not more than two columns, be published in any particular issue or isrues of a newspaper or pesiodical on payment of adequate remuneration, and may while doing so, specify the period (not exceeding one week) during which and the manner in ivl-tich such publicatiori shall take place ; (c) requirethat any matter relating to a particular subject or class of subjects, shall befare publication be subi~litteclf or scrutiny by an authority appointed by !he 2[Statc Government,] in its behalf and published only in accordance wilh the directions given thereat. 1. Subs. by A.O. 1968, for the w~rds"l he State of Punjab." 2. Subs. for the expression 'Central Government' (which was sulss. for 'State C~vrrnment' by A.Q,1965) by A.O. 1973. 3. Added by Punjab Act No. 29 of 1960, Sec. 2, 490 H. P. CODEV OL.V II (2) In the event of disobedience of an order under this section, the l[State Government] or the authority issuing the order may,without prejudice to the other penalty to which the person guilty of the disobedience is liable under this Act, order the seizure of all copies of any publication concerned and of any printing press or other instrument or apparatus used in the publication. 3. Power to prohibit entry into 2[the territories specified in sub-section (1) of section5 of the Punjab Reorganisation Act, 1966].--3[(1) The ][State Government] or any authority authorised by it in this behalf if satisfied that such action is necessary for the purpose of preventing or combating any activity of prejudicial to the maintenance of communal harmony affecting or likely to affect public order, may, by order notified in the Official Gazette, prohibit the bringinginto 2[the territories specified in sub-section (1) of section 5 ofthe Punjab Reorganisation Act, 19661 of any newspaper, periodical, leaflet or other publication : Provided that no such order shall remain in force for more than two months from the making thereof, "[unless before the expiry of such period the l[State Government], by an order made in the like manner, extends it by any period not exceeding two months at a time as it thinks fit so, however, that the total period of the original order does not exceed six months : Provided further that the person aggrieved by such order may, within ten days of the passing thereof,-make a representation to the I[State Government] which may on consideration thereof modify, confirm or rescind the order]. (2) Inthe event of disobedierlce of an order under this section the l[State Government] or the authority issuing the order, may, without prejudice to the other penalty to which the person guilty of tbe disobedience is liable under this Act, order the seizure of all copies of any newspaper, periodical, leaflet or other publication concerned. 4. Penalty.-Whoever contravenes, disobeys or neglects to comply with any order made or direction given under sections 2 and 3 of this Act, shall, on conviction, be liable to be punished with imprisonment of either description which may extend to one year or with fine up to one thousand rupees or with both. - -- p- 1. Subs, for the expression "Central Government" (which was subs, for "State Go~erfi,, ment" by A.O. 1968) by A.O.1 973 2. Subs. by A.O. 1368 for the word "Punjab." 3. Subs. by Punjab Act No. 40 of 1957, Sec. 2. 4. Added by Punjab Act No. 29 of 1960, sec. 2.