Chapter-4 Provisions Relating to Magazines
7. Magazines to be registered :
(1) 2 A person who intends to publish within Nepal any magazine that is to be sold and distributed publicly shall make an application, in such format and accompanied by such fees as prescribed and by the name, type, language, size, number of pages, number of copies to be printed and place of publication, among others, to the Local Authority
for the registration of the magazine.
Provided that, magazines to be publishes as mouthpieces of any office of the Government of Nepal, educational institute owned by the Government of Nepal, body, organization, firm or company or political
party or organization, established pursuant to the laws in force, shall not be required to be registered pursuant to this Section.
(2) Upon receipt of an application pursuant to Sub-section (1), the Local Authority shall make necessary examination of the application and also inquire the applicant into any matter, if so required, and, within Thirty
Five days of the receipt of the application, give a provisional certificate as prescribed to the applicant for the publication of such a magazine. Provided that, if any other magazine of which name resembles with
the name of the magazine set forth in the application has already been registered with the Office of Local Authority, such a provisional certificate shall not be given to the applicant.
(3) After giving a provisional certificate pursuant to Sub-section (2), the Local Authority shall give a notice thereof, along with all details of such a magazine, to the Press Registrar.
(4) Upon receipt of a notice pursuant to Sub-section (3), the Press Registrar shall examine whether any magazine of which name resembles with the magazine has already been registered with the Office of the Local
Authority, and give approval to give a permanent certificate for the publication of such a magazine if no magazine of which name resembles with that of such a magazine has already been registered.
(5) Upon receiving from the Press Registrar pursuant to Sub-section (4), the Local Authority shall give a permanent certificate to the concerned applicant.
(6) If there is any reasonable ground for refusing to give a permanent certificate to the applicant, 3 the Local Authority shall give information thereof to the applicant normally within three months after the date of
making application. The provisional certificate given to the applicant shall ipso facto be canceled upon the giving of such information.
(7) Upon giving the certificate pursuant to Sub-section (4), the Local Authority shall enter the details of magazine in the register.
(8) 4 If it is required to change the name, type and language of the magazine or to publish any magazine in more than one language or publish a magazine being published in one District in another District or in more
than one District, application has to be made to the Local Authority and the certificate has to be obtained pursuant to Sub-section (1).
(9) If it is required to make any alteration with respect to the magazine other than that set forth in Sub-section (8), the publisher shall give details of such an alteration to the Local Authority for approval.
(10) The Local Authority shall, immediately upon receiving the details as referred to in Sub-section (9), enter the same in the register as referred to in Sub-section (7) and give approval thereof to the concerned
publisher.
(11) The Local Authority shall give information of alterations in the details of magazines registered pursuant to the Section to the Press Registrar.
7A. 5 Cancellation of registration of magazines : The registration of a magazine shall be canceled in any of the following circumstances: (a) If even a single issue is published within one year of the date of
registration of the magazine;
(b) If a notice in writing is not given to the Department of Information to that effect within one year after the date of non-publication of the magazine.
Provided that, such a notice shall not be given for a period of more than One year at a time and for a period of more than Five years in consecutive Five times.
8. Transfer of ownership of magazines : (1) If the ownership of publication of a magazine registered pursuant to Section 7 is transferred to a person in accordance with law, the person who so gets ownership shall
give information thereof in the prescribed format to the Local Authority within Seven days.
(2) The Local Authority shall, upon receiving the information as referred to in Sub-section (1), enter the relevant details in the register and give information of such transfer of ownership of the magazine to the Press
Registrar.
9. Matters to be mentioned in magazines : A magazine shall clearly contain as prescribed the name of publisher, editor, printer and press and year and number of publication.
9A. 6 Size and number of pages of a magazine : (1) The minimum size and number of pages of a magazine to be registered and published pursuant to Section 7 shall be as prescribed.
(2) No facility, assistance or advertisement to be given by the Government of Nepal or a body owned by the Government of Nepal shall be given to a magazine which is published in alteration of the size and
number of pages as prescribed pursuant to Sub-section (1).
10. Publication of magazines : A publisher shall so publish every edition of a magazine as not to be in alteration of the details entered in the register as
referred to in Section 7.
11. Notice of closure of publication to be given : In the event of closure of
the publication of a magazine operated upon obtaining the certificate
pursuant to Section 7, its publisher shall give a notice of closure thereof to
the Local Authority.
12. Not to be subject to censorship : Except on conditions as referred to in
Sections 14 and 15, any news, article or any other reading materials in any
magazine shall not be subject to censorship.
13. Not to cancel registration of magazines : The registration of any
magazine registered pursuant to Section 7 shall not be canceled for having
published any news, article or reading material in the magazine.
14. Restriction on publication : The following matters shall not be allowed
to be published in any book or magazine:
(a) ………………… 7
(b) Undermining the sovereignty and integrity of Nepal;
(c) Disrupting security, peace and order in Nepal;
(d) Creating enmity among the people of the various castes, tribes,
religions, classes, regions, communities and spreading communal
disharmony; and
(e) Hurting decency, morals and social honour of the people generally.
15. Prohibition on publication : (1) The Government of Nepal may, in view
of the national interest, by publishing a Notification in the Nepal Gazette,
issue an order prohibiting the publication any news, information or other
reading material relating to any specific subject, event or area until the
period specified in the notification or allowing the publication only upon
getting the same to be examined or verified by the authority specified in the
Notification 8 .
(2) After the issuance of an order as referred to in Sub-section (1),
no one shall publish, translate or quote such news, information or reading
material.
16. Control of imports of foreign publications : (1) The Government of
Nepal may issue an order restricting the imports of foreign publications
which have the following objective or may have such possible
consequences:
(a) Doing acts contrary to the national interest and dignity;
(b) 9 Disrupting security, peace and order in the country;
(c) 10 Disrupting relations with foreign states and
governments;
(d) Creating enmity among the people of the various
castes, tribes, religions, classes, regions, communities
and spreading communal disharmony; and
(e) 11 Hurting decency, morals and social honor of the
people generally.
(2) If the concerned customs officer or postal officer suspects that
any publication forbidden pursuant to Sub-section (1) is being imported, he
or she may hold and open such consignment, and send two copies of the
suspected publication to the Local Authority with an invoice and keep the
rest with him or her.
(3) Upon receiving the publication sent by the customs officer or
postal officer pursuant to Sub-section (2), the Local Authority shall give a
notice, also accompanied by the reason, if any, for holding such a
publication, to the importer, and if there is no reason for holding such a
publication, the Local Authority shall issue an order to return the
publication held by the customs officer or postal officer to the importer
within Twelve hours after the receipt of such a publication.
(4) The Government of Nepal may remove the restrictions imposed
pursuant to Sub-section (1) at any time if it feels so necessary.
17. Prohibition on export, sale, distribution etc. of restricted
publication or prohibited publication : (1) No one shall export any
restricted publication or prohibited publication.
(2) No one shall knowingly print, sell, distribute or demonstrate any
restricted publication or prohibited publication.
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