Skip to contentSkip to left sidebar Skip to footer

Press Council Act 2048 (1992)

Press Council Act 2048 (1992)

Press Council Act 2048 (1992)
Date of Royal Seal and Publication
2048.7.28 ()
Amendments,
1. Communication Related Some Nepal Acts
(Amendment) Act, 2057 (2001) 2057.10.8 (31Jan. 2001)
2. Provisions of Some Nepal Acts Revival Act,
2063 (2006) 2063.4.23 (8 Aug. 2006)
3. Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 (2010) 2066.10.7 (21 Jan. 2010)
Act Number 25 of the Year 2048 (1992)
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;
Now, therefore, be it enacted by the Parliament in the Twentieth Year of the
reign of His Majesty King Birendra Bir Bikram Shah Dev.

2. Definitions

2. Definitions: Unless the subject of context requires otherwise, in this Act.
(a) “Council” means the Press Council constituted pursuant to Section 3.
(b) “Member” means a member of the Council and this word shall also
include the Chairperson of the Council.
(c) “Committee” means the Audit Committee of Circulation of
Newspaper constituted pursuant to Section 10.
(d) “Prescribed” of “as prescribed” means prescribed or as prescribed in
Rules or Bye-laws made under this Act.

4. Council to be an autonomous Body

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 all its activities.
(3) The Council may, like an individual, acquire, use, sell or otherwise dispose of movable and immovable property.
(4) The Council may, like an individual, sue and may be sued in the same name.

5. Objectives of the Council

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 Government of
Nepal.
(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

6. Constitution of the Council:

(1) Government of Nepal shall constitute a Council and the Council shall consist of the following persons,-
(a) A retired Justice of the Supreme Court or a Senior Advocate or a person designated by Government of
Nepal from among the persons who have rendered special contribution in the field of Newspaper
Chairperson
2 (b) ……………….
3 (c) …………………..
4 (c1) Chairperson, Federation of Nepali Journalists Member
(d) Six persons nominated by Government of Nepal in
consultation with the Journalist Associations at the
rate of two persons each from journalists, editors and
publishers
Member
(e) One person nominated by Government of Nepal from Member among the working journalists
(f) One5 person nominated by Government of Nepal from amongst the persons who have rendered distinguished
service in the various fields including journalism Member
(g) One person nominated by Government of Nepal from  amongst the journalists as recommended by
Associations concerned with literary journalism Member
(h) Director-General, Department of Press Information MemberSecretary

(2) The tenure of office of the Chairperson and the members of the
Council shall be Four years.
(3) If the Chairperson or any member desires to resign from his/her
office before the expiary of his/her tenure, the Chairperson may submit
his/her resignation in writing to the Government of Nepal and a member
may submit his/her resignation in writing to the Chairperson.

7. Functions, Duties and Powers of the Council

7. Functions, Duties and Powers of the Council:

The functions, duties and powers of the Council shall be as follows:-
(a) To provide suggestions to Government of Nepal 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 provide suggestions to Government of Nepal 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 Government of Nepal 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. Meetings and Decision of the Council

8. Meetings and Decision of the Council:

(1) The Member-Secretary shall convene the meetings of the Council as per the direction of the
Chairperson.
(2) In case at least Fifty percent of the total members of the Council are present, it shall be deemed to have constituted the quorum.
(3) The meetings of the Council shall be presided over by the Chairperson and in absence of the Chairperson by such member of the Council as determined by the members of the Council from among themselves.
(4) Majority opinion of the members attained in meetings of the Council shall prevail and in case of tie the person presiding over the  meeting shall exercise the casting vote.
(5) The Member-Secretary of the Council shall authenticate the decisions of the meetings.
(6) Other procedures relating to meetings of the Council shall be as determined by the Council itself

9. Sub-committees

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 subcommittee constituted pursuant to Sub-section (1) shall be as determined by the Council.

10. Audit Committee of Circulation of Newspaper

10. Audit Committee of Circulation of Newspaper:

(1) Government of Nepal shall, in consultation with the Council, constitute an Audit
Committee of Circulation of Newspaper.
(2) The Committee constituted pursuant to Sub-section (1) shall
consist of the following members:-
(a) Press Registrar Chairperson (b) Representative, Ministry of
CommunicationsMember
(c) Representative, Press Council Member
(d) Three persons nominated by Government of Nepal One person each from the
Auditors Association, the Advertising Association or Agency and the
Association of Businessperson or Industrial Association Member
(3) An official designated by the Council shall be the Secretary of the Committee.
(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 Committee

11. Functions, Duties and Power of the Committee:

(1) The Committee shall have the following functions, duties and powers:-
(a) To determine the number of publications on the basis of circulation of papers and maintain up-to-date record
thereof, and
(b) To classify papers on the basis, inter alia, of the number of the publications made.
(2) Besides the functions, duties, and powers referred to in the Subsection
(1), other functions, duties and powers of the Committee shall be as
prescribed.

12. Complaints

12. Complaints:

(1) If a journalist acts in contravention of his/her professional code of conduct, any person may file a complaint before the Council.
(2) Upon receiving of a complaint pursuant to the Sub-section (1), the Council may, carry or cause to carry out as follows upon conducting necessary inquiries ,-
(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) To recommend to Government of Nepal for the suspension of any privilege or facility wholly or
partially received from Government of Nepal to a journalist who violates the professional code of
conduct repeatedly.
(3) The Council may express regret over a journalist who did not follow the decision of the Council as referred to in Sub-section (2) and may cause such matter to be published in publicly.
(4) The Council shall provide a reasonable opportunity for defense to the concerned journalist before taking any decision pursuant to the Subsections (2) or (3).

13. Fund to the Council

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 amounts and all expenditure of the Council shall be borne by the said fund,-
(a) The amount received from Government of Nepal.
(b) Grants or financial assistance received from foreign
government or institution,
(c) The amount to be received by the Council from any
other source.
(3) While receiving any amount pursuant to Clause (b) of Subsection
(2), the Council shall have to obtain prior approval of
Government of Nepal.
(4) The operation of the fund of the Council shall be as prescribed.

14. Accounts and Audits

14. Accounts and Audits:

(1) The accounts of incomes and expenditures of the Council shall be maintained in accordance with prevailing law.
(2) The audit of the Council shall be carried out in accordance with prevailing law.
(3) Government of Nepal may inspect or cause to inspect the accounts and records of the Council at any time.