Report No. 38
42. Section 9-Foreign newspapers.-
A reference has been made in a previous report of the Commission1 to the Post Office Act, 1913, which enables newspapers published in the British Dominions to be registered in England as registered newspapers under the Post Office Act, 1908. The Act merely confers a privilege upon newspapers published in India and circulating in England. A suggestion, however, has been made in the Report that the Ministry concerned may consider this statute along with other postal arrangements between India and the U.K.
Attention may, in this connection, be invited to the power of the Central Government to make rules under section 9 (providing for registration of newspapers for transmission by inland post as registered newspapers). The significance of registration is mainly for the purpose of postal rates, because, as would appear from section 7(1) and the First Schedule to the Act, the Central Government, in fixing the rates of postage, fixes different rates for registered newspapers as a class of postal articles, as contrasted with other postal articles. Now, the conditions for registration in section 9(2) do not require that the newspaper must be published in India.
Accordingly, there is nothing in the Act itself to bar registration of foreign newspapers if otherwise permissible under the Act and the rules made thereunder. Reference may also be made to section 10 of the Act, under which, when arrangements are in force with the U.K., or with any British Possession or foreign country for the transmission by post of postal articles between India and that country, the Central Government may, in conformity with such arrangements, declare the postal rates and other sums chargeable in respect of such postal articles.
1. Fifth Report of the Law Commission.
43. The matter would not, therefore, require an amendment of the Post Office Act. The relevant provision in the latest Act on the subject in the U.K.-the Post Office Act, 1953-is section 13(1)(b), under which a publication is registrable under section 12 as a newspaper if it is printed and published in "the British postal area or some other part of Her Majesty's Dominions or India (provided it satisfies the other general conditions of registration). Under section 15 of that Act, where arrangements have been made with the Government of any other country or postal administration for the conveyance of postal packets between the British postal area and places outside the area, regulations may be made for carrying the arrangements into effect and other matters.
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