An Act provided for the establishment and management of a Press Council
Preamble: Whereas it is expedient to establish and make arrangement for a Press Council for the development and promotion of healthy, independent and responsible journalism by way of maintaining the highest professional ethics of journalism.
This Act has been enacted by the Parliament in the Twentieth Year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.
1. Short Title and Commencement:
(1) This Act may be called "The Press Council Act, 1992".
(2) This Act shall come into force at once.
2. Definitions:
Unless the subject of context requires otherwise, in this Act.
(a) "Council" means the Press Council constituted under section 3.
(b) "Member" means a member of the Council and this word shall also include the Chairman of the Council.
(c) "Bureau" means the Audit Bureau of Circulation constituted under Section 10.
(d) "Prescribed" of "as prescribed" means prescribed or as prescribed in rules or byelaws made under this Act.
3. Establishment of the Press Council:
There shall be constituted a press Council for the development of healthy journalism.
4. Council to be an autonomous Body:
(1) The Council shall be an autonomous and corporate body having perpetual succession.
(2) The Council shall have a separate seal of its own for the transaction of all the businesses of the Council.
(3) The Council shall, as a person, have the right to acquire, enjoy, sell or otherwise dispose of movable and immovable property.
(4) The Council may sue on its behalf of be sued against it.
5. Objectives of the Council:
The objectives of the Council shall be as follows:-
(a) To create appropriate atmosphere for the development of healthy journalism,
(b) To prescribe the code of conduct for journalism with a view to prohibiting the misuse of the freedom of press.
(c) To maintain cordial relations between the Press and His Majesty's Government.
(d) To cause to maintain public morality and dignity of the citizens, and
(e) To make continuous efforts to prohibit the interference with the decencies of the freedom of press and journalism.
6. Constitution of the Council:
(1) His Majesty's Government shall constitute a Council, which shall consist of the following persons:-
(a) A person designated by His Majesty'Government from among the persons who have rendered special contribution in the field of journalism or law -------------------------Chairman
(b) One member nominated by the Speaker from among the members of the House of Representatives--------------------------------Member
(c) One member nominated by the Chairman from among the members of the National Assembly---------------------------------------Member
(d) Six persons nominated by His Majesty's Government in consultation with the Journalist Associations at the rate of two persons each from journalists, editors and publishers-------Members
(e) One person nominated by His Majesty's Government from among the working journalists------------------------------------------Member
(f) Two persons nominated by His Majesty's Government from among the persons who have rendered distinguished service in the various fields including that of journalism --------------------------- Member
(g) One person nominated by His Majesty's Government from among the journalists as recommended by Associations concerned with literary journalism------------------------------------------------Member
(h) Director-General, Department of Information Member-Secretary
(2) The tenure of office of the Chairman and the members of the Council shall be four years.
(3) If the Chairman or any member wishes to resign his office before the expire of his term, the Chairman may submit his resignation in writing to the His Majesty's Government and a member may submit his resignation in writing to the Chairman.
7. Functions, Duties and Powers of the Council:
The functions, duties and power of the Council shall be as follows:-
(a) To make suggestions to His Majesty's Government by reviewing from time to time the policies relating to journalism and by obtaining suggestions from the concerned quarters.
(b) To enforce a code of conduct for journalism by drawing it up with a view to development healthy journalism.
(c) To make suggestions to Nepal Government for the development of journalism.
(d) To keep an up-to date record concerning the circulation of paper.
(e) To take necessary actions, upon receipt of any complaint by the Council, as to any news item published in any paper.
(f) To submit an annual report to His Majesty's Government on the studies and evaluation carried out on the activities and prevailing situation of papers, and
(g) To carry out inquiries into the anti-social and objectionable items published in any paper.
8. Meeting and Decision of the Council:
(1) The Member-Secretary shall convene the meetings of the Council on the instruction of the Chairman.
(2) The presence of fifty percent of the members of the Council shall constitute a quorum for a meeting of the Council.
(3) A meeting of the Council shall be presided over by the Chairman, and in his absence, shall be presided over by such member of the Council as selected by the members of the Council from among themselves.
(4) Each item which is under consideration of a meeting of the Council shall be decided by a majority of votes, the Chairman shall have the casting vote.
(5) Decisions of the Council shall be authenticated by the Member-Secretary.
(6) All other procedures relating to meetings of the Council shall be as determined by the Council on its own.
9. Sub-committees:
(1) The Council may, for the efficient conduct of its business, constitute sub-committees.
(2) The functions, duties, powers and procedures of the sub-committee constituted under the sub-section (1) above shall be as prescribed by the Council.
10. Audit Bureau of Circulation:
(1) His Majesty's Government shall, in consultation with the Council, constitute an Audit Bureau of Circulation.
(2) The Bureau constituted under the sub-section (1) above shall consist of the following members:-
(a) Press Registrar-----------------------------------------------------Chairman
(b) Representative, the Ministry of Communications----------------Member
(c) Representative, the Press Council---------------------------------Member
(d) Three persons nominated by His Majesty's Government at the rate of one person each from the Auditors Association, the Advertising Association or Agency and the Association of Businessmen or Industrial Association-----------------------------------------------Member
(3) An official designated as such by the Council shall be the Secretary of the Bureau.
(4) The tenure of office of the member nominated pursuant to the clause (d) of the sub-section (2) shall be two years.
11. Functions, Duties and Power of the Bureau:
(1) The Bureau shall have the following functions, duties and powers:-
(a) To determine the number of publications on the basis of circulation of papers and keeping an up-to-date record thereof, and
(b) To classify papers on the basis, inter alia, of the number of the publications made.
(2) Apart from the functions, duties, and powers referred to in the sub-section (1) above, other functions, duties and powers of the Bureau shall be as prescribed.
12. Complaints:
(1) If a journalist acts in contravention of his professional code of conduct, any person may file a complaint before the Council.
(2) On receipt of any complaint pursuant to the sub - section above, the Council may, upon carrying out necessary inquiries into the matter, do of cause to be done the following:-
(a) To cause to publish the statement of the aggrieved party in the concerned paper,
(b) To cause to make an apology to the aggrieved party and to cause to publish his/her statement in the concerned paper,
(c) To cause to publish any comment, article or publishing material of the aggrieved party in the concerned paper, and
(d) with respect to a journalist who is in defiance of the professional code of conduct time and again, to recommend to His Majesty's Government for the suspension, in whole or in part, of any privilege or facility receivable by him from His Majesty's Government.
(3) The Council may express regret at a journalist who is in default of complainance with the Council's decision referred to in the sub-section (b) above and may cause such matter to be published in public.
(4) The Council shall, before taking any decision pursuant to the sub-section (b) or (c), proved an opportunity to the concerned journalist for submitting his explanation.
13. Fund to the Council:
(1) The Council shall have a separate fund.
(2) The fund referred to in the sub-section (1) shall consist of the following moneys and all expenditures of the Council shall be incurred out of that fund:-
(a) moneys received from His Majesty's Government.
(b) Grants or financial contributions received from foreign governments or agencies,
(c) Moneys received by the Council from any other sources.
(3) The Council shall be required to obtain permission from His Majesty's Government before receiving any grant or financial contribution in pursuance of clause (b) of sub-section (2).
(4) The operation of the fund of the Council shall be as prescribed.
14. Accounts and Audits:
(1) The accounts of the incomes and expenditures of the Council shall be maintained in accordance with the existing laws,
(2) The audit of the Council shall be carried out in accordance with the existing laws.
(3) His Majesty's Government may, if it so wishes, inspect or cause to be inspected the accounts and records of the Council at any time .
15. Delegation of Power:
The Council shall have the right to delegate its power under this Act to any committee, sub-committee, member or any official of the Council.
16. Contact with His Majesty's Government:
In maintaining contact with His Majesty's Government, the Council shall act through the Ministry of Communications.
17. Power to make rules:
His Majesty's Government may make necessary rules for carrying out the objectives of this Act.
18. Power to Make Bye-laws:
For the conduct of its business, the Council may, subject to the provisions of this Act and with the approval of His Majesty's Government, make necessary bye-laws.
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