The Press Council (Working Procedures), Rules 2049 (1993)

[vc_custom_heading text=”Amendments” use_theme_fonts=”yes” el_id=”amendments”][vc_column_text]Amendments:
1. The Press Council (Working Procedures) (First  Amendment) Rules, 2056 (1999)  2056.5.28 (13  Sept. 1999)
2. The Press Council (Working Procedures) (Second  Amendment) Rules, 2064 (2005)  2064.6.7 (24  Sept. 2005)
In exercise the powers conferred by Section 17 of the Press Council Act, 2048 (1992) Government of Nepal has framed the following Rules:-[/vc_column_text][vc_custom_heading text=”1. Short Title And Commencement” use_theme_fonts=”yes” el_id=”1._short_title_and_commencement”][vc_column_text](1) These Rules may be called ”  The Press Council (Working Procedures) Rules, 2049 (1993).”
(2) These Rules shall come into force immediately.[/vc_column_text][vc_custom_heading text=”2. Definitions” use_theme_fonts=”yes” el_id=”2._definitions”][vc_column_text]2. Definitions : Unless the subject or context otherwise requires, in these  Rules,-
(a) “Act “means Press Council Act, 2048 (1992).
(b) “Council” means the Press Council.
(c) “Committee” means the Newspaper and Megazine Distribution  Audit Committee constituted pursuant to Section 10 of the Act.
(d) “Chairperson” means the Chairperson of the Council.
(e) “Member-Secretary” means the Member Secretary of the Council[/vc_column_text][vc_custom_heading text=”3. Meeting Of The Council” use_theme_fonts=”yes” el_id=”3._meeting_of_the_council”][vc_column_text](1) The meeting of the Council shall be held  on such date, time and place as specified by the Chairperson.
(2) The Member-Secretary shall furnish the notice along with the  agenda of the meeting to the Members, generally, at least Twenty Four  hours before the meeting to be held[/vc_column_text][vc_custom_heading text=”4. Meeting Of The Committee And Decision” use_theme_fonts=”yes” el_id=”4._meeting_of_the_committee_and_decision”][vc_column_text]

4. Meeting of the Committee and Decision :

(1) The meeting of the  Committee shall be held on such date, time and place as specified by
the Chairperson.
(2) The meeting of the Committee shall be presided over by the Chairperson of the Committee, and in his/her absence, the meeting shall be presided over by a member of the Committee selected from amongst  themselves present at the meeting.
(3) The presence of more than Fifty percent members of the total number of members shall be deemed to be constituted a quorum for the meeting.
(4) The opinion of the majority at a meeting of the Committee  shall be prevailed, and in the event of a tie, the chairperson may exercise the casting vote.

(5) The decision of the Committee shall be authenticated by the  Member-Secretary.
(6) Other procedures relating to the meetings of the Committee shall be as determined by the Committee itself.

[/vc_column_text][vc_custom_heading text=”5.â audit Of The Distribution” use_theme_fonts=”yes” el_id=”5.â audit_of_the_distribution”][vc_column_text](1) The publisher of the newspaper and  magazine, shall have to cause distribution of his/her publication to be
audited by an auditor recognized as the Auditor pursuant to prevailing  law within Three months of the expirary of the fiscal year and shall have  to report thereof to the Committee.
(2) Upon receipt of the report pursuant to Sub-rule (1), the Committee, having made necessary investigation, shall issue a certificate of audit of the distribution to publisher in a format as prescribed in the  Schedule.[/vc_column_text][vc_custom_heading text=”6. In Case Of Submission Of False Details” use_theme_fonts=”yes” el_id=”6._in_case_of_submission_of_false_details”][vc_column_text](1) If anyone considered that the details mentioned in the report submitted to the Committee pursuant
to Sub-rule (1) of Rule 5 are false, he/she may institute a complaint to the Committee within one month from the date of the report so submitted.
(2) If a complaint pursuant Sub-rule (1) is instituted, the Committee may examine the report along with such description or cause to re-audit the same.
(3) While examining pursuant to Sub-rule (2) or re-auditing, if  the complaint is found correct, the Committee shall not issue a certificate of audit of the distribution of the newspaper and magazine to such publisher and if such a certificate had already been issued such a    certificate shall be declared void and may also, on the recommendation
of the Committee, suspend the facilities to be obtained by him/her upon  prescribing a specific period.
(4) While examining or re-auditing pursuant to Sub-rule (3), if  the complaint is found correct, the reasonable expenses incurred in examining or also the expense incurred in the course of re-audit shall be realised from the publisher.
(5) While examining or causing re-auditing pursuant to Sub-rule (2), if the complaint is found false, the reasonable expense incurred in  examining by the committee or the expense incurred in course of re-  auditing shall be realised from the complainant.
(6) The procedures concerning audit and investigation to be made  under this Rule shall be as determined by the Committee.[/vc_column_text][vc_custom_heading text=”7. Details Of The Distribution Of Publication” use_theme_fonts=”yes” el_id=”7._details_of_the_distribution_of_publication”][vc_column_text](1) A person interested  to receive the details of the publication of the newspaper and magazine  may submit an application to the Committee.
(2) Upon receipt of the application pursuant to Sub-rule (1), the  Committee, shall having charged One Hundred Rupees, as per the request, provide the details of the distribution to the applicant.[/vc_column_text][vc_custom_heading text=”8. To Be Mentioned In The Audit Report Of Distribution” use_theme_fonts=”yes” el_id=”8._to_be_mentioned_in_the_audit_report_of_distribution”][vc_column_text](1) The  auditor shall mention the copies of newspaper and magazine published  in each issue and the number of distributed copies in the audit report of distribution as follows:-
(a) Number of copies sold to the subscribers,
(b) Number of copies distributed to the employees,  members, agent concerned to the publication or to
the person who has assisted in a regular basis.
(c) Number of copies to be sold/distributed regularly to subscribers through book shop or agent.
(d) Number of copies to be distributed free of cost to  the library or reading rooms.
(2) The number of copies of newspaper and magazine returned or  unsold shall also be mentioned in the report made pursuant to Sub-rule (1).[/vc_column_text][vc_custom_heading text=”9. Provisions Relating Employees And The Secretariat” use_theme_fonts=”yes” el_id=”9._provisions_relating_employees_and_the_secretariat”][vc_column_text](1) There shall be a separate secretariat of the Council.
(2) The Council may appoint necessary employees to carry out  all activities and daily business of the Council.
(3) The provisions relating to remuneration and terms and conditions of the employees shall be as prescribed in the Bye-laws[/vc_column_text][vc_custom_heading text=”10. Secretariat Of The Council” use_theme_fonts=”yes” el_id=”10._secretariat_of_the_council”][vc_column_text]10. Secretariat of the Council : The secretariat of the Council shall be  located in Kathmandu Valley.[/vc_column_text][vc_custom_heading text=”11. Repeal” use_theme_fonts=”yes” el_id=”11._repeal”][vc_column_text]11. Repeal : The Press Council (Working Procedures) Rules, 2041 is, hereby, repealed.[/vc_column_text][vc_custom_heading text=”Schedule” use_theme_fonts=”yes” el_id=”schedule”][vc_column_text]

Schedule  (Related to Sub-rule (2) of Rule 5)
News paper Audit Distribution
Certificate
Mr./Ms./Mrs. …………………….
This Audit Distribution Certificate of the Newspaper of ? fiscal year
………………. is, hereby, provided to you.
(a) Name and Address of the Publisher:
(b) Name and Type of the Newspaper:
(c) Name and Address of the Auditor:
(d) Total volume published in the Audit Period:
(e) Details of distribution as per Audit Report:
(f) Details of Newspaper Distribution:
1. Copies of Distribution from Distribution Institution:
(a) (b) (c)
Country Abroad Total
2. Copies of Distribution directly from Publisher to the Subscribers:
3. Copies of Distribution from retail seller:

Total Printing Copies Total Sale Copies
Total Distribution Copies
Country Abroad Total

4. Copies of Distribution to Government Offices, Association, Institution etc.
5. Copies of free Distribution to various person and Institutions:
(a) (b) (c)
6. Copies of Distribution to Advertisement Agency and Advertisers:
7. Copies of free Distribution to Newspaper Managers:
8. Total Copies of Distribution:
9. Copies of Distribution to Libraries and Reading Rooms etc.:
Name of the Official of providing Certificate:
Signature:
Designation:
Office:
Date:
Seal of the Office
Note bene : Copies sent by Post, sale in reduce price than the prescribed cost
etc. shall be mentioned in publisher details
Country Abroad
Total

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(Source: Nepal Law Commission)

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