12. Objects and functions of the Council.-
(1)
The object of the Council shall be to preserve the freedom of the Press and to maintain and improve the standards of newspapers in India
(2)
The Council may, in furtherance of its object, perform the following functions, namely :-
(a)
to help newspapers to maintain their independence;
(b)
to build up a code of conduct for newspapers and journalists in accordance with high professional standards;
(c)
to ensure on the part of newspapers and journalists the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship;
(d)
to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism;
(e)
to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance;
(f)
to keep under review such cases of assistance received by any newspaper or news agency in India from foreign sources, as are referred to it by the Central Government;
Provided that nothing in this clause shall preclude the Central Government from dealing with any case of assistance received by a newspaper or news agency in India from foreign sources, in any other manner it thinks fit;
(g)
to promote the establishment of such common service for the supply and dissemination of news to newspapers as may, from time to time, appear to it to be desirable;
(h)
to provide facilities for the proper education and training of persons in the profession of journalism;
(i)
to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers;
(j)
to study developments which may tend towards monopoly or concentration of ownership of newspapers, including a study of the ownership or financial structure of newspapers, and if necessary, to suggest remedies therefor;
(k)
to promote technical or other research;
(l)
to do such other acts as may be incidental or conducive to the discharge of the above functions.
13. Power to ensure.-
(1)
Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper has offended against the standards of journalistic ethics or public taste or that an editor or a working journalist has committed any professional mis-conduct or a breach of the code of journalistic ethics, the Council may, after giving the newspaper, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, censure the newspaper, the editor or journalist, as the case may be.
(2)
Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.
(3)
The decision of the Council under sub-section (1), shall be final and shall not be questioned in any court of law.
14. General powers of the Council.-
(1)
For the purpose of performing its functions under this Act, the Council may require the publisher of any newspaper to furnish to it information on such points or matters as it may deem necessary.
(2)
While holding any inquiry under this Act, the Council shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908(5 of 1908), in respect of the following matters, namely
(a)
summoning and enforcing the attendance of persons and examining them on oath;
(b)
requiring the discovery and production of documents;
(c)
receiving evidence on affidavits;
(d)
issuing commissions for the examination of witnesses or documents.
(3)
Every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code(45 of 1860).
15. Payments to the Council.-
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Council in each financial year such sums as may be considered necessary for the performance of the functions of the Council under this Act.
16. Fund of the Council.-
(1)
The Council shall have its own Fund; and all such sums as may, from time to time, be paid to it by the Central Government and all grants and advances made to it by any other authority or person shall be credited to the Fund and all payments by the Council shall be made there from.
(2)
All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Council.
(3)
The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Council.
17. Budget.-
The Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.
18. Annual report.-
The council shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and giving an account of the standards of newspapers and factors affecting them, and copies thereof shall be forwarded to the Central Government and the Government shall cause the same to be laid before both Houses of Parliament.
19. Accounts and audit.-
The accounts of the Council shall be maintained and audited in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.