Jammu and Kashmir Newspaper (Incitements to Offences) Act, 1971 (1914 A. D.)
No: -- Dated: Dec, 07 1971
THE JAMMU AND KASHMIR STATE NEWSPAPERS (INCITEMENTS TO OFFENCES) ACT, 1971 (1914 A. D.)
An Act for the prevention of incitement to murder and to other offences in news paper.
Whereas it is expedient to make better provision for the prevention of incitements to murder and to other offences in newspapers;
It is hereby enacted as follows :-
1. Short Title, extent and Commencement. - (1) This Act may be called as the Jammu and Kashmir Newspaper (Incitements to Offences) Act, 1971.
(2) It extends to the whole state.
(3) It shall come into force at once.
2. Definitions. - In this Act unless there is anything repugnant in the subject or context :-
(a) "Magistrate" means a District Magistrate, Sub-Divisional Magistrate, or District and Session Judge;
(b) "Newspaper" means any periodical work containing public news or comments on public news;
(c) "Printing Press" includes all engines, machinery, types, lithographic stones, implements, utensils and other plant or material used for the purpose of printing.
3. Power to forfeit printing Presses in certain cases. - (1) In cases where, upon application made by order of or under authority from a Magistrate is of the opinion that a newspaper published and printed within the Province contains any incitement to murder or to any offence under the Explosives Substances Act, 1908 (VI of 1908) or to any Act of Voilence, such Magistrate may make a conditional order declaring the Printing Press used or intended to be used, for the purpose of printing or publishing such newspaper or found in or upon the premises where newspaper is, or at the time of the printing of matter was complained of.
(2) A copy of such order shall be fixed on some conspicuous part of the premises specified in the declaration made in respect of such newspaper under section 5 of the Jammu and Kashmir state Press and Publications Act, 1989, or on any other premises in which such newspaper is printed and the affixing of such copy shall be deemed to the service of the said order on all persons concerned.
(3) In case of emergency or in cases where the purpose of the application might be defeated by delay, the Magistrate may, on or after making of a conditional order under sub-section (1), makes a further order ex-parte for the attachment of the printing press or other property referred to in the conditional order.
(4) If any person concerned appears and shows cause against the conditional order, the Magistrate shall take evidence, whether in support of or in opposition to such order, in manner provided in section 356 of the Code of Criminal Procedure, Samvat 1989.
(5) If the Magistrate is satisfied that the newspaper contains matter of nature specified in sub-section (1).
(6) If the Magistrate is not satisfied, he shall set aside the conditional order of forfeiture and the order of attachment if any.