Act 023 of 1931 : Indian Press (Emergency Powers) Act, 1931

Section 1. Short title, extent and duration

1. Short title, extent and duration:- ³[* * *]

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Prior to repeal by Act 56 of 1951, Section 1 read as:

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1. Short title, extent and duration.- (1) This Act may be called the Indian Press (Emergency Powers) Act, 1931.

(2) It extends to the whole of India, ¹[except Part B states].

(3) ²[* * *]

Section 2. Definitions

2. Definitions:- ²[* * *]

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Prior to repeal by Act 56 of 1951, Section 2 read as:

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2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(1) "book" includes every volume, part or division of a volume, pamphlet and leaflet, in any language, and every sheet of music, map, chart or plan separately printed or lithographed;

(2) "document" includes also any painting, drawing or photograph or other visible representation;

(3) "High Court" means the highest Civil Court of Appeal for any local area except in the case of the province of Coorg where it means the High Court of Judicature at Madras;

(4) "Magistrate" means a District Magistrate or Chief Presidency Magistrate;

(5) "newspaper" means any periodical work containing public news or comments on public news;

(6) "news-sheet" means any document other than a newspaper containing public news or comments on public news or any matter described in sub-section (1) of section 4;

(7) "press" includes a printing-press and all machines, implements and plant and parts thereof and all materials used for multiplying documents;

(8) "printing-press" includes all engines, machinery, types, lithographic stones, implements, utensils and other plant or materials used for the purpose of printing;

¹[(8a)] ‘States’ means the territories for the time being comprised within Part A States and Part C States.]

(9) "unauthorised newspaper" means-

(a) any newspaper in respect of which there are not for the time being valid declarations under section 5 of the Press and Registration of Books Act, 1867 (XXV of 1867), and

(b) any newspaper in respect of which security, has been required under this Act, but has not been furnished as required;

(10) "unauthorised news-sheet" means any news-sheet other than a news-sheet published by a person authorised under section 15 to publish it; and

(11) "undeclared press" means any press other than a press in respect of which there is for the time being a valid declaration under section 4 of the Press and Registration of Books Act, 1867 (XXV of 1867).

Section 3. Deposit of security by keepers of printing-presses

3. Deposit of security by keepers of printing-presses:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 3 read as:

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Control of printing-presses and newspapers.

3. Deposit of security by keepers of printing-presses.- (1) Any person keeping a printing-press who is required to make a declaration under section 4 of the Press and Registration of Books Act, 1867, may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the day on which the declaration is made, security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Government of India as the person making the deposit may choose:

Provided that if a deposit has been required under sub-section (3) from any previous keeper of the printing-press, the security which may be required under this sub-section may amount to three thousand rupees.

(2) Where security required under sub-section (1) has been deposited in respect of any printing-press, and for a period of three months from the date of the declaration mentioned in sub-section (1) no order, is made by the Local Government under section 4 in respect of such press, the security shall, on application by the keeper of the press, be refunded.

(3) Whenever it appears to the Local Government that any printing-press kept in any place in the territories under its administration, in respect of which security under the provisions of this Act has not been required, or having been required has been refunded under sub-section (2), is used for the purpose of printing or publishing any newspaper, book or Other document containing any words, signs or visible representations of the nature described in section 4, sub-section (1), the Local Government may, by notice in writing to the keeper of the press stating or describing such words, signs or visible representations, order the keeper to deposit with the Magistrate within whose jurisdiction the press is situated security to such an amount, not being less than five hundred or more than three thousand rupees as the Local Government may think fit to require, in money or the equivalent thereof in securities of the Government of India as the person making the deposit may choose.

(4) Such notice shall appoint a date, not being sooner than the tenth day after the date of the issue of the notice, on or before which the deposit shall be made.

Section 4. Power to declare security or press forfeited cases

4. Power to declare security or press forfeited cases:- ¹³[* * *]

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Prior to repeal by Act 56 of 1951, Section 4 read as:

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4. Power to declare security or press forfeited cases.- (1) Whenever it appears to the Local Government that any printing-press in respect of which any security has been ordered to be deposited under section 3 is used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representation which.

(a) incite to or encourage, or tend to incite to or to encourage, the commission of any offence of murder or any cognizable offence involving violence, or

(b) directly or indirectly express approval or admiration of any such offence, or of any person, real or fictitious, who has committed or is alleged or represented to have committed any such offence,

¹[or which tend, directly or indirectly,-

(c) to seduce any officer, soldier, sailor or airman in the military, naval or air forces of ²[the Union] any police officer from his allegiance or his duty, or

(d) to bring into hatred or contempt ³[* * *] the Government established by law in British India or the administration of justice in British India or any class or section of ⁴[the citizens of India] in British India, or to excite disaffection towards His Majesty or the said Government, or

(e) to put any person in fear or to cause annoyance to him and thereby induce him to deliver to any person any property or valuable security or to do any act which he is not legally bound to do, or to omit to do any act which he is legally entitled to do, or

(f) to encourage or incite any person to interfere with the administration of the law or with, the maintenance of law and order, or to commit any offence, or to refuse or defer payment, of any land-revenue, tax, rate, cess or other due or amount payable to Government or to any local authority, or any rent of agricultural land or anything, recoverable as arrears of or along with such rent, or

(g) to induce a public servant or a servant of a local authority to do any act or to forbear or delay to do any act connected with the exercise of his public functions or to resign his office, or

(h) to promote feelings of enmity or hatred between different classes of ⁵[citizens of India], or

(i) to prejudice the recruiting of persons to serve in any of ⁶[the Armed forces of the Union], or in any police force, or to prejudice the training, discipline or administration of any such force.]

⁷[or

(j) to bring into hatred or contempt or to excite disaffection towards the Administration established in any State in India]]

the Local Government may, by notice in writing to the keeper of such printing-press, stating or describing the words, signs or visible representations which in its opinion are of the nature described above,-

(i) Where security has been deposited, declare such security, or any portion thereof, to be forfeited to His Majesty, or

(ii) where security has not been deposited, declare the press to be forfeited to His Majesty,

and may also declare all copies of such newspaper, book or other document wherever found in British India to be forfeited to His Majesty.

Explanation. ⁸[1]-No expression of approval or admiration made in a historical or literary work shall be deemed to be of the nature described in this sub-section unless it has the tendency described in clause (a).

⁹[Explanation 2.-Comments expressing disapprobation of the measures of the Government ¹⁰[or Administration] with a view to obtain their alteration by lawful means without exciting or attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in clause (d) ¹¹[or clause (j)] of this sub-section.

Explanation 3.-Comments expressing disapprobation of the administrative or other action of the Government ¹⁰[or Administration] without exciting or attempting to excite hatred, contempt or disaffection, shall not be deemed to be of the nature described in clause (d) ¹¹[or clause (j)] of this sub-section.

Explanation 4.-Words pointing out, without malicious intention and with an honest view to their removal, matters which are producing or have a tendency to produce feelings of enmity or hatred between different classes of ⁵[citizens of India] shall not be deemed to be words of the nature described in clause (h) of this sub-section.]

¹²[Explanation 5.-Statements of fact made without malicious intention and without attempting to excite hatred, contempt or disaffection shall not be deemed to be of the nature described in clause (j) of this sub-section.]]

(2) After the expiry of ten days from the date of the issue of a notice under sub-section (1) declaring a security, or any portion thereof, to be forfeited, the declaration made in respect of such press under section 4 of the Press and Registration of Books Act, 1867 (XXV of 1867), shall be deemed to be annulled.

Section 5. Deposit further security

5. Deposit further security:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 5 read as:

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5. Deposit further security.- (1) Where the security given in respect of any press, or any portion thereof, has been declared forfeited under section 4 or section 6, every person making a fresh declaration in respect of such press under section 4 of the Press and Registration of Books Act, 1867 (XXV of 1867), shall deposit with the Magistrate before whom such declaration is made security to such an amount, not being less than one thousand or more than ten thousand rupees, as the Magistrate may think fit to require, in money or the equivalent thereof ill securities of the Government of India as the person making the deposit may choose.

(2) Where a portion only of the security given in respect of such press has been declared forfeited under section 4 or section 6, any unforfeited balance still in deposit shall be taken as part of the amount of security required under sub-section (1).

Section 6. Power to declare further security and publications forfeited

6. Power to declare further security and publications forfeited:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 6 read as:

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6. Power to declare further security and publications forfeited.- (1) If, after security has been deposited under section 5, the printing-press is again used for the purpose of printing or publishing any newspaper, book or other document containing any words, signs or visible representations which, in the opinion of the Local Government, are of the nature described in section 4, sub-section (1), the Local Government may, by notice in writing to the keeper of such printing-press, stating or describing such words, signs or visible representations, declare-

(a) the further security so deposited, or any portion there of, and

(b) all copies of such newspaper, book or other document wherever found in British India to be forfeited to His Majesty.

(2) After the expiry of ten days from the issue of a notice under sub-section (1), the declaration made in respect of such press under section 4 of the Press and Registration of Books Act, 1867 (XXV of 1867), shall be deemed to be annulled.

Section 7. Deposit of security by publisher of newspaper

7. Deposit of security by publisher of newspaper:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 7 read as:

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7. Deposit of security by publisher of newspaper.- (1) Any publisher of a newspaper who is required to make a declaration under section 5 of the Press and Registration of Books Act, 1867 (XXV of 1867), may be required by the Magistrate before whom the declaration is made, for reasons to be recorded in writing, to deposit with the Magistrate within ten days from the day on which the declaration is made, security to such an amount, not being more than one thousand rupees, as the Magistrate may in each case think fit to require, in money or the equivalent thereof in securities of the Government of India as the person making the deposit may choose:

Provided that if a deposit has been required under sub-section (3) from any previous publisher of the newspaper, the security which may be required under this sub-section may amount to three thousand rupees.

(2) Where security required under sub-section (1) has been deposited in respect of any newspaper, and for a period of three months from the date of the declaration mentioned in sub-section (1) no order is made by the Local Government under section 8 in respect of such newspaper, the security shall, on application by the publisher of the newspaper, be refunded.

(3) Whenever it appears to the Local Government that a newspaper published within its territories, in respect of which security under the provisions of this Act has not been required or having been required has been refunded under sub-section (2), contains any words, signs or visible representations of the nature described in section 4, sub-section (1), the Local Government may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations, require the publisher to deposit with the Magistrate within whose jurisdiction the newspaper is published, security to such an amount, not being less than five hundred or more than three thousand rupees, as the Local Government may think fit to require, in money or the equivalent thereof in securities of the Government of India as the person making the deposit may choose.

(4) Such notice shall appoint a date, not being sooner than the tenth day after the date of the issue of the notice, on or before which the deposit shall be made.

Section 8. Power to declare security forfeited in certain cases

8. Power to declare security forfeited in certain cases:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 8 read as:

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8. Power to declare security forfeited in certain cases.- (1) If any newspaper in respect of which any security has been ordered to be deposited under section 7 contains any words, signs or visible representations which, in the opinion of the Local Government, are of the nature described in section 4, sub-section (1), the Local Government may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations,-

(a) where the security has been deposited, declare such security, or any portion thereof, to be forfeited to His Majesty, or

(b) where the security has not been deposited, annul the declaration made by the publisher of such newspaper under section 5 of the Press and Registration of Books Act, 1867 (XXV of 1867),

and may also declare all copies of such newspaper, wherever found in British India, to be forfeited to His Majesty.

(2) After the expiry of ten days from the date of the issue of a notice under sub-section (1) declaring a security, or any portion thereof, to be forfeited, the declaration made by the publisher of such newspaper under section 5 of the Press and Registration of Books Act, 1867 (XXV of 1867), shall be deemed to be annulled.

Section 9. Deposit further security

9. Deposit further security:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 9 read as:

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9. Deposit further security.- (1) Where the security given in respect of any newspaper, or any portion thereof, is declared, forfeited under section 8 or section 10, any person making a fresh declaration under section 5 of the Press and Registration of Books Act, 1867 (XXV of 1867), as publisher of such newspaper, or any other newspaper which is the same in substance as the said newspaper, shall deposit with the Magistrate before whom the declaration is made security to such an amount, not being less than one thousand or more than ten thousand rupees, as the Magistrate may think fit to require, in money or the equivalent thereof in securities of the Government of India as the person making the deposit may choose.

(2) Where a portion only of the security given in respect of such newspaper has been declared forfeited under section 8 or section 10, any unforfeited balance still in deposit shall be taken as part of the amount of security required under sub-section (1).

Section 10. Power to declare further security and newspapers forfeited

10. Power to declare further security and newspapers forfeited:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 10 read as:

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10. Power to declare further security and newspapers forfeited.- (1) If, after security has been deposited under section 9, the newspaper again contains any words, signs or visible representations which, in the opinion of the Local Government, are of the nature described in section 4, sub-section (1), the Local Government may, by notice in writing to the publisher of such newspaper, stating or describing such words, signs or visible representations, declare-

(a) the further security so deposited, or any portion there of, and

(b) all copies of such newspaper wherever found in British India.

to be forfeited to His Majesty.

(2) After the expiry of ten days from the date of the issue of a notice under sub-section (1), the declaration made by the publisher of such newspaper under section 5 of the Press and Registration of Books Act, 1867 (XXV of 1867), shall be deemed to be annulled and no further declaration in respect of such newspaper shall be made save with the permission of the Local Government.

Section 11. Penalty for keeping press or publishing newspaper without making deposit

11. Penalty for keeping press or publishing newspaper without making deposit:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 11 read as:

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11. Penalty for keeping press or publishing newspaper without making deposit.- (1) Whoever keeps in his possession a press which is used for the printing of books or papers without making a deposit under section 3 or section 5, as required by the Local Government or the Magistrate as the case may be, shall on conviction, by a Magistrate be liable to the penalty to which he would be liable if he had failed to make the declaration prescribed by section 4 of the Press and Registration of Books Act, 1867 (XXV of 1867).

(2) Whoever publishes any newspaper without making a deposit under section 7 or section 9, as required by the Local Government or the Magistrate as the case may be, or publishes such newspaper knowing that such security has not been deposited, shall on conviction by a Magistrate be liable to the penalty to which he would be liable if he had failed to make the declaration prescribed by section 5 of the Press and Registration of Books Act, 1867 (XXV of 1867).

Section 12. Consequences of failure to deposit security as required

12. Consequences of failure to deposit security as required:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 12 read as:

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12. Consequences of failure to deposit security as required.- (1) Where a deposit is required from the keeper of a printing-press under section 3, such press shall not be used for the printing or publishing of any newspaper, book or other document after the expiry of the time allowed to make the deposit until the deposit has been made, and where a deposit is required from the keeper of a printing-press under section 5, such press shall not be so used until the deposit has been made.

(2) Where any printing-press is used in contravention of sub-section (1), the Local Government may, by notice in writing to the keeper thereof, declare the press to be forfeited to His Majesty.

(3) Where a deposit is required from the publisher of a newspaper under section 7 and the deposit is not made within the time allowed, the declaration made by the publisher under section 6 of the Press and Registration of Books Act, 1867 (XXX of 1867), shall be deemed to be annulled.

Section 13. Return of deposited security in certain cases

13. Return of deposited security in certain cases:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 13 read as:

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13. Return of deposited security in certain cases.- Where any person has deposited any security under this Act and ceases to keep the press in respect of which such security was deposited, or, being a publisher, makes a declaration under section 8 of the Press and Registration of Books Act, 1867, he may apply to the Magistrate within whose jurisdiction such press is situate or the return of the said security; and thereupon such security shall, upon proof to the satisfaction of the Magistrate and subject to the provisions hereinbefore contained, be returned to such person.

Section 14. Issue of search warrant

14. Issue of search warrant:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 14 read as:

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14. Issue of search warrant.- Where any printing-press is, or any copies of any newspaper, book or other document are, declared forfeited to His Majesty under section 4, section 6, section 8, section 10 or section 12, the Local Government may direct a Magistrate to issue a warrant empowering any police-officer, not below the rank of Sub-Inspector, to seize and detain any property ordered to be forfeited and to enter upon and search for such property in any premises-

(i) where any such property may be or may be reasonably suspected to be, or

(ii) where any copy of such newspaper, book or other document is kept for sale, distribution, publication or public exhibition or is reasonably suspected to be so kept.

Section 15. Authorisation of persons to publish news-sheets

15. Authorisation of persons to publish news-sheets:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 15 read as:

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Unauthorised news-sheets and newspapers.

15. Authorisation of persons to publish news-sheets.- (1) The Magistrate may, by order in writing and subject to such conditions as he may think fit to impose, authorise any person by name to publish a news-sheet, or to publish news-sheets from time to time.

(2) A copy of an order under sub-section (1) shall be furnished to the person thereby authorised.

(3) The Magistrate may at any time revoke an order made by him under sub-section (1).

Section 16. Power to seize and destroy unauthorised news-sheets and newspapers

16. Power to seize and destroy unauthorised news-sheets and newspapers:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 16 read as:

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16. Power to seize and destroy unauthorised news-sheets and newspapers.- (1) Any police-officer, or any other person empowered in this behalf by the Local Government, may seize any unauthorised news-sheet or unauthorised newspaper, wherever found.

(2) Any Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may by warrant authorise any police-officer not below the rank of Sub-Inspector to enter upon and search any place where any stock of unauthorised news-sheets or unauthorised newspapers may be or may be reasonably suspected to be, and such police-officer may seize any documents found in such place which, in his opinion, are unauthorised news-sheets or unauthorised newspapers.

(3) All documents seized under sub-section (1) shall be produced as soon as may be before a Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, and all documents seized under sub-section (2) shall be produced as soon as may be before the Court of the Magistrate who issued the warrant.

(4) If, in the opinion of such Magistrate or Court, any of such documents are unauthorised news-sheets or unauthorised newspapers, the Magistrate or Court may cause them to be destroyed. If, in the opinion of such Magistrate or Court, any of such documents are not unauthorised news-sheets of unauthorised newspapers, such Magistrate or Court shall dispose of them in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure, 1898 (V of 1898).

Section 17. Power to seize and forfeit undeclared presses producing unauthorised news-sheets and newspapers

17. Power to seize and forfeit undeclared presses producing unauthorised news-sheets and newspapers:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 17 read as:

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17. Power to seize and forfeit undeclared presses producing unauthorised news-sheets and newspapers.- (1) Where a Presidency Magistrate, District Magistrate or Sub-divisional Magistrate has reason to believe that an unauthorised news-sheet or unauthorised newspaper is being produced from an undeclared press within the limits of his jurisdiction, he may by warrant authorise any police-officer not below the rank of Sub-Inspector to enter upon and search any place wherein such undeclared press may be or may be reasonably suspected to be, and if, in the opinion of such police-officer, any press found in such place is an undeclared press and is used to produce an unauthorised news-sheet or unauthorised newspaper, he may seize such press and any documents found in the place which in his opinion are unauthorised news-sheets or unauthorised newspapers.

(2) The police-officer shall 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 deem requisite, is of opinion that a press seized under this section is an undeclared press which is used to produce an unauthorised news-sheet or unauthorised newspaper, it may, by order in writing, declare the press to be forfeited to His Majesty. If, after such inquiry, the Court is not of such opinion, it shall dispose of the press in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure, 1898.

(4) The Court shall deal with documents produced before it under this section in the manner provided in sub-section (4) of section 16.

Section 18. Penalty for disseminating unauthorised news-sheets and newspapers

18. Penalty for disseminating unauthorised news-sheets and newspapers:- ²[* * *]

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Prior to repeal by Act 56 of 1951, Section 18 read as:

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18. Penalty for disseminating unauthorised news-sheets and newspapers.- (1) Whoever makes, ¹[prints or otherwise produces,] sells, distributes, publishes or publicly exhibits or keeps for sale, distribution or publication, any unauthorised news-sheet or newspaper, shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any offence punishable under sub-section (1), and any abetment of any such offence, shall be cognizable.

Section 19. Power to declare certain publications forfeited and to issue search warrants for same

19. Power to declare certain publications forfeited and to issue search warrants for same:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 19 read as:

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Special provisions relating to the seizure of certain documents.

19. Power to declare certain publications forfeited and to issue search warrants for same.- Where any newspaper, book or other document wherever made appears to the Local Government to contain any words, signs or visible representations of the nature described in section 4, sub-section (1), the Local Government may, by notification in the local official Gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper, and every copy of such book or other document to be forfeited to His Majesty, and thereupon any police-officer may seize the same wherever found in British India, and any Magistrate may by warrant authorise any police-officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.

Section 20. Power to detain packages containing certain publications when imported into British India

20. Power to detain packages containing certain publications when imported into British India:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 20 read as:

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20. Power to detain packages containing certain publications when imported into British India.- The Chief Customs-officer or other officer authorised by the Local Government in this behalf may detain any package brought, whether by land, sea or air, into British India which he suspects to contain any newspapers, books or other documents of the nature described in section 4, sub-section (1), and shall forthwith forward copies of any newspapers, books or other documents found therein to such officer as the Local Government may appoint in this behalf to be disposed of in such manner as the Local Government may direct.

Section 21. Prohibition of transmission by post of certain documents

21. Prohibition of transmission by post of certain documents:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 21 read as:

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21. Prohibition of transmission by post of certain documents.- No unauthorised news-sheet or unauthorised newspaper shall be transmitted by post.

Section 22. Power to detain articles being transmitted by post

22. Power to detain articles being transmitted by post:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 22 read as:

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22. Power to detain articles being transmitted by post.- Any officer in charge of a post-office or authorised by the Post-Master General in this behalf may detain any article other than a letter or parcel in course of transmission by post, which he suspects to contain-

(a) any newspaper, book or other document containing words, signs or visible representations of the nature described in section 4, sub-section (1), or

(b) any unauthorised news-sheet or unauthorised news-paper,

and shall deliver all such articles to such officer as the Local Government may appoint in this behalf to be disposed of in such manner as the Local Government may direct.

Section 23. Application to High Court to set aside order of forfeiture

23. Application to High Court to set aside order of forfeiture:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 23 read as:

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Powers of High Court.

23. Application to High Court to set aside order of forfeiture.- (1) The keeper of a printing-press who has been ordered to deposit security under sub-section (3) of section 3, or the publisher of a newspaper who has been ordered to deposit security under sub-section (3) of section 7, or any person having an interest in any property in respect of which an order of forfeiture has been made under section 4, section 6, section 8, section 10 or section 19 may, within two months from, the date of such order, apply to the High Court for the local area in which such order was made, to set aside such order, and the High Court shall decide if the newspaper, book or other document in respect of which the order was made did or did not contain any words, signs or visible representations of the nature described in section 4, sub-section (1).

(2) The keeper of a printing press in respect of which an order of forfeiture has been made under sub-section (2) of section 12 on the ground that it has been used in contravention, of sub-section (1) of that section may apply to such High Court to set aside the order on the ground that the press was snot so used.

Section 24. Hearing by Special Bench

24. Hearing by Special Bench:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 24 read as:

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24. Hearing by Special Bench.- Every such application shall be heard and determined by a Special Bench of the High Court composed of three Judges, or, where the High Court consists of less than three Judges, of all the Judges.

Section 25. Order of Special Bench setting aside forfeiture

25. Order of Special Bench setting aside forfeiture:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 25 read as:

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25. Order of Special Bench setting aside forfeiture.- (1) If it appears to the Special Bench on an application under sub-section (1) of section 23 that the words, signs or visible representations contained in the newspaper, book or other document in respect of which the order in question was made were not of the nature described in section 4, sub-section (1), the Special Bench shall set aside the order.

(2) If it appears to the Special Bench on an application under sub-section (2) of section 23 that the printing-press was not used in contravention of sub-section (1) of section 12, it shall set aside the order of forfeiture.

(3) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority (if any) of those Judges.

(4) Where there is no such majority which concurs in setting aside the order in question, the order shall stand.

Section 26. Evidence to prove nature or tendency of newspapers

26. Evidence to prove nature or tendency of newspapers:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 26 read as:

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26. Evidence to prove nature or tendency of newspapers.- On the hearing of an application under sub-section (1) of section 23 with reference to any newspaper, any copy of such newspaper published after the commencement of this Act may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the order was made.

Section 27. Procedure in High Court

27. Procedure in High Court:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 27 read as:

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27. Procedure in High Court.- Every High Court shall, as soon as conveniently may be, frame rules to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon, and until such rules are framed the practice of such Court in proceedings other than suits and appeals shall apply, so far as may be practicable, to such applications.

Section 28. Service of notices

28. Service of notices:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 28 read as:

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28. Service of notices.- Every notice under this Act shall be sent to a Magistrate, who shall cause it to be served in the manner provided for the service of summonses under the Code of Criminal Procedure, 1898 (V of 1898):

Provided that if service in such manner cannot by the exercise of due diligence be effected, the serving officer shall, where the notice is directed to the keeper of a press, affix a copy thereof to some conspicuous part of the place where the press is situate, as described in the keeper's declaration under section 4 of the Press and Registration of Books Act, 1867 (XXV of 1867), and where the notice is directed to the publisher of a newspaper, to some conspicuous part of the premises where the publication of such newspaper is conducted, as given in the publisher's declaration under section 5 of the said Act; and thereupon the notice shall be deemed to have been duly served.

Section 29. Conduct of searches

29. Conduct of searches:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 29 read as:

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29. Conduct of searches.- Every warrant issued under this Act shall; so far as it relates to a search, be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, 1898 (V of 1898).

Section 30. Jurisdiction barred

30. Jurisdiction barred:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 30 read as:

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30. Jurisdiction barred.- Every declaration of forfeiture purporting to be made under this Act (V of 1898) shall, as against all persons, be conclusive evidence that the forfeiture therein referred to has taken place, and no proceeding purporting to be taken under this Act shall be called in question by any Court, except the High Court on application under section 23, and no civil or criminal proceeding, except as provided by this Act, shall be instituted against any person for anything done or in good faith intended to be done under this Act.

Section 31. Operation of other laws not barred

31. Operation of other laws not barred:- ¹[* * *]

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Prior to repeal by Act 56 of 1951, Section 31 read as:

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31. Operation of other laws not barred.- Nothing herein contained shall he deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act.

Section 32. Declarations under Act XXV of 1867 to be made before certain Magistrates

32. Declarations under Act XXV of 1867 to be made before certain Magistrates:- ²[* * *]

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Prior to repeal by Act 56 of 1951, Section 32 read as:

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32. Declarations under Act XXV of 1867 to be made before certain Magistrates.- ¹[* * *], all declarations required to be made under section 4, section 5, section 8 and section 8A of the Press and Registration of Books Act, 1867 (XXV of 1867), shall be made, in a Presidency-town before the Chief Presidency Magistrate, and elsewhere before the District Magistrate.