3. Incorporation of the Council.-
(1)
With effect from such date{4th July, 1966; vide Notification No.G.S.R..1065, dated 2-7-1966, Gazette of India, Extraordinary, Pt.II, Sec.3(i), p.504} as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Council by the name of the Press Council of India
(2)
The said Council shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.
4. Composition of the Council.-
(1)
The Council shall consist of a Chairman and twenty-five other members.
(2)
The Chairman shall be a person nominated by the Chief Justice of India.
(3)
The other members shall be chosen as follows:-
(a)
thirteen members from among the working journalists, of whom not less than six shall be editors of newspapers who do not own or carry on the business of management of newspapers, so however that the number of editors of newspapers published in Indian languages shall not be less than three;
(b)
six members from among persons who own or carry on the business of management of newspapers;
(c)
three members from among persons having special knowledge or experience in the field of education, science, literature, law or culture;
(d)
three members, of whom two shall be from among the members of the House of the People and one from among the members of the Council of States.
(4)
The two members to be chosen from among the members of the House of the People shall be nominated by the Speaker thereof and the one to be chosen from among the members of the Council of States shall be nominated by the Chairman thereof; and save as aforesaid, all the other members referred to in sub-section (3) shall be nominated by a Committee consisting of the Chief Justice of India, the Chairman of the Council and a person to be appointed by the President of India, and in making any such nomination, the Committee shall have due regard to the consideration that not more than one person interested in any newspaper or any group of newspapers under the same control or management should be nominated to represent any of the categories referred to in clause (a) or clause (b) of that sub-section.
(5)
Before making any nomination under clause (a) or clause (b) or sub-section (3), the Committee referred to in sub-section (4) shall, in the prescribed manner, invite panels of names from all such associations of persons of the categories referred to in the said clause (a) or clause (b) as may be notified in this behalf by the Council and in making any such nomination the Committee shall have due regard to the panels of names forwarded to it:
Provided that, until the Council is established, such associations shall be notified by the Central Government.
(6)
Before making any nomination under clause (c) of sub-sections (3), the Committee shall consult such associations or persons as it thinks fit.
(7)
The names of persons nominated under this section shall be forwarded to the Central Government and shall be notified by that Government in the Official Gazette, and every appointment so made under this section shall take effect from the date on which it is so notified.
5. Term of office and retirement of members.-
(1)
Save as otherwise provided in this section, the Chairman and other members shall hold office for a period of three years.
(2)
Where a person chosen as a member under clause (a) or clause (b) of sub-section (3) of section 4 is censured under the provisions of sub-section (1) of section 13, he shall cease to be a member of the Council.
(3)
The term of office of a member chosen under clause (d) of sub-section (3) of section 4 shall come to an end as soon as he ceases to be a member of the House from which he was chosen.
(4)
The Chairman may resign his office by giving notice in writing to the Central Government and any other member may resign his office by giving notice in writing to the Chairman; and upon such resignation being accepted by the Central Government or, as the case may be, the Chairman, he shall be deemed to have vacated his office.
(5)
A casual vacancy arising under sub-section (2) or sub-section (3) or sub-section (4) or otherwise shall be filled by fresh appointment and a member so appointed shall hold office for the remaining period for which the member in whose place he is appointed would have held office.
(6)
Every fresh appointment to fill a casual vacancy or a vacancy caused by the retirement of a member shall be made from the same category of persons to which the member in whose place the appointment is to be made belonged, and every such appointment shall be made by the same authority by which and in the same manner in which, that member was appointed.
(7)
A retiring member shall be eligible for re-appointment:
Provided that no member shall hold office for a period exceeding six years in the aggregate and on the expiry of such period he shall cease to be a member.
6. Conditions of service of members.-
(1)
The Chairman shall be a whole-time officer and shall be paid such salary as the Central Government may think fit; and the other members shall receive such allowances or fees for attending the meetings of the Council, as may be prescribed.
(2)
Subject to the provisions of sub-section (1), the conditions of service of members shall be such as may be prescribed.
(3)
It is hereby declared that the office of a member of the Council shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.
7. Meetings of the Council.-
The Council shall meet at such times and places and shall observe such rules or procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.
8. Committees of the Council.-
For the purpose of performing its functions under this Act, the Council may constitute from amongst its members such committees for general or special purposes as it may deem necessary and every committee so constituted shall perform such functions as are assigned to it by the Council.
9. Vacancies amongst members or defect in the constitution not to invalidate acts and Proceedings of the Council.-
No act or proceeding of the Council shall be deemed to be invalid by reason merely of the existence of any vacancy in, or any defect in the constitution of, the Council.
10. Staff of the Council.-
(1)
Subject to such rules as may be made by the Central Government in this behalf, the Council may appoint a Secretary and such other employees as it may think necessary for the efficient performance of its functions under this Act.
(2)
The terms and conditions of service of the employees shall be such as may be determined by regulations made with the prior approval of the Central Government.
11. Authentication of orders and other instruments of the Council.-
All orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorized by the Council in this behalf and other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorized in like manner in this behalf.