1) Incorporation
of the council -
a.
with effect
from such date as the central government may, by notification in the official
gazette, appoint, there shall be established a council by the name of the press
council of India
b.
the said
council shall be a body corporate having perceptual succession and a common
seal and shall by the said name sue and bemused.
2) Composition
of the council –
a.
The council
shall consist of a chairman and 28 other members.
b.
The chairman
shall be a person nominated by a committee consisting of the chairman of the
council of states (Rajya Sabha), the speaker of the house of the people (Lok
Sabha) and a person elected by the members of the council under sub-section (6)
and the nomination so made shall take effect from the date on which it is
notified by the central government in the official gazette.
c.
Of the other
members –
i. Thirteen shall be nominated in accordance with such
procedure as may be prescribed from among the working journalists, of whom six
shall be editors of newspapers and the remaining seven shall be working
journalists other than editors; so, however that the number of such editors and
working journalists other than editors in relation newspapers published in
Indian languages shall be not less than three and four respectively;
ii. Six shall be nominated in accordance with such
procedure as may be prescribed from among persons who own or carry on the
business of management of newspapers, so, newspapers, so, however, that there
shall be two representatives from each of the categories of big newspapers,
medium newspapers and small newspapers;
iii. One shall nominated in accordance with such
procedure as may be prescribed from among persons who manage news agencies;
iv. Three shall be persons having special knowledge or
practical experience in respect of education and science, law and literature
and culture of whom respectively one shall be nominated by the University
Grants Commission one by the Bar Council of India and one by the Sahitya
Academy;
v. Five shall be members of Parliament of whom three
shall be nominated by the speaker from among the members of the House of the
People (Lok Sabha) and two shall be nominated by the chairman of the council of
States (Rajya Sabha) from among its members: Provided that no working
journalist who owns, or carries on the business of management of any newspaper
shall eligible for nomination under clause (a): Provided further that the
nominations under clause (a) and clause (b) shall be so made that among the
persons nominated there is not more than one person interested in any newspaper
or group of newspaper under the same control or management.
3) Term of
office and retirement of members –
a.
Save as
otherwise provided in this section, the chairman and other members shall hold
office for a period of three years: Provided that the chairman shall continue
to hold such office until the council is reconstituted in accordance with the
provisions of section five for a period of six months whichever is earlier.
b.
Where a
person nominated as a member under clause (a) clause (b) or clause (c) of
sub-section (3) of section 5 if censured under the provisions of sub-section
(1) of section 14, he shall cease to be a member of the council.
c.
The term of
office of a member nominated under clause (e) of sub-section (3) of section 5
shall come to an end as soon as he ceases to be a member of the House from
which he was nominated.
d.
A member
shall be deemed to have vacated his seat if he is absent without excuse,
sufficient in the opinion of the council, from three consecutive meetings of
the council.
e.
The chairman
may resign his office by giving notice in writing to the central government and
any other member may resign his office by giving notice in writing to the
chairman and upon such resignation being accepted by the central government, or
as the case may be, the chairman, the chairman or the member shall be deemed to
have vacated his office.
f.
Any vacancy
arising under sub-section (2) sub-section (3) sub-section (4) or sub-section
(5) or otherwise shall be filled, as soon as may be, nomination in the same
manner in which the member vacating office was nominated and the member no
nominated so nominated shall hold office for the remaining period in which the
member in whose place he is nominated would have held office.
g.
A retiring
member shall be eligible for re-nomination for not more than one term.
4) Conditions of
service of members -
a.
The chairman
shall be a whole-time officer and shall be paid such salary as the central
government may think fit, and the other members shall receive such allowances
of fees for attending the meetings of the council as may be prescribed.
b.
Subject to
the provisions of sub-section (1) the condition of service of members shall be
such as may prescribed.
c.
It is hereby
declared that the office of a member of the council shall not disqualify its
holder for being chooses, as or for being a member of either House of
Parliament.
5) Committees of
the council -
a.
For the
purpose of performing its function under this act, the council may constitute
from among its members such committees for general or the council as it may
deem necessary and every committee so constituted shall perform such functions
as assigns special purposes to it.
b.
The council
shall have the power to co-opt as members of any committee constitute under
sub-section (1) such other number of persons, not being members of the council,
as it thinks fit.
c.
Any such
member shall have the right to attend any meeting of the committee on which he
is so co-opted and to take part in the discussions thereat, but shall not have
the right to vote and shall not be a member for any other purpose.
6) Powers and functions of the council -
a.
Objects and
functions of the council -
The objects
of the Council shall be to preserve the freedom of the press and to maintain
and improve the standards of newspapers and news agencies in India.
b.
General
powers of the council -
For the
purpose of performing its functions or holding any inquiry under this act, the
council shall have the same powers throughout Indies are vested in a civil
court while trying a suit under the code of civil procedure 1908 (5 of 1908)
