Government of India
Ministry of Communications & IT
Department of Posts
(P.O. & I Division)
Dak Bhawan, New Delhi 110 016
Tele: 23036701
No.22-17/2008-PO Dated: 05 May, 2008
To
All Heads of Postal Circles
All Heads of Postal Regions
Postal Staff College India, Ghaziabad
All Postal Training Centres
Addl. DG, APS
Subject:- Consolidated Ruling on Registered Newspapers Superseding All Previous Rulings on the Subject.
Introduction:
1. A number of rulings, clarifications and instructions have been issued by this office over the years on the subject of Registered Newspapers (RNP). A need has been felt to issue an updated and consolidated ruling which is being done through this letter. The instructions/clarifications contained in this letter
supersede all previous rulings issued by this Directorate on this subject from time to time.
Definition of Newspaper:
2. The definition of Newspaper, as per the Indian Post Office Act, 1898 is quite different from its popular perception. As per Section 9 of this Act, “any publication, consisting wholly or in great part of political or other news, or of articles relating thereto or to other current topics, with or without advertisements, shall be deemed as newspaper, subject to the following conditions, namely:-
(a) that it is published in numbers at intervals of not more than thirty one days: and
(b) that it has a list of bona fide subscribers.”
3. It follows from the above mentioned statutory definition of newspaper that all such publications which are published regularly on daily, weekly,fortnightly or monthly basis can claim to be newspapers for postal registration,provided these fulfill the other two conditions as per 2(a) and (b) above as well. In practice, apart from the daily newspapers, virtually all the weekly, fortnightly and monthly publications, which are popularly known as magazines or journals,give a declaration under the Press Registration and Books Act, 1867 that these are Newspapers and thus become entitled to get themselves registered as such with Registrar of Newspapers of India (RNI). RNI registration is different from Postal registration. The importance of postal registration lies in the fact that it entitles a newspaper to avail concessional rates of postage which are highly subsidized.
Rules Covering Postal Registration of Newspapers:
4. The Post Office in India has been established under the provisions of the Indian Post Office Act, 1898, as amended from time to time. This Act authorizes the Central Government to frame rules to run the postal services in the country. Section 9 of the Indian Post Office Act, 1898 authorizes Department of Posts to frame rules providing for the registration of newspapers for transmission by inland post as registered newspapers. Rule 30 of Indian Post Office Rules, 1933lays down the statutory provisions governing postal registration of newspapers.These rules are further elaborated in Clauses 139 to 144 of Post Office Guide Part-I for the benefit of the general public. An updated Rule 30 is attached as Annexure-I to this letter for ready reference.
Authority for Registration of Newspapers:
5. Powers to grant registration to Newspapers for availing concessional rates of postage are vested in the Divisional Superintendent of Post Offices and RMS Divisions; and Independent Gazetted Postmasters in whose jurisdiction the newspaper is published. If a newspaper is published from more than one location, multiple registrations are allowed separately for each location where the newspaper is published.
Application Form and Fee for Registration:
6. Application form or format of application form has to be supplied by the registering authority to the desirous applicants or else they may be advised to download the format from the India Post website where this ruling is being hosted. Registration fee, as prescribed by DG, Posts from time to time, will have to be deposited by the applicant at the time of submission of his application for registration of newspaper with the Postal Authority. The application has to be accompanied by a declaration as per Section 5 of the Press and Registration of Books Act, 1867, among other things, as per the conditions spelt out in Clause 140 of Post Office Guide Part-I. Format of this declaration is known to the applicants but may be seen in Section 5 of the Press and Registration of Books Act, 1867 on RNI website www.rni.nic.in/prbact.asp. Standardized format of application for registration/renewal of registration of newspaper is given as per Annexure II.
Grant of Registration:
7. After satisfying himself with all the conditions of posting of Registered Newspaper as laid down in the IPO Act, 1898, the IPO Rules, 1933 and this letter, the concerned postal authority will grant registration in a standardized format as per Annexure – III; with a copy to the Office of Posting. It will be incumbent upon the publisher to furnish any information regarding the circulation of his newspaper that the registering authority may call for at any time during the currency of the registration. The Postal Authority, however, will be bound to keep such information confidential and use it only for internal decision making.
Registration Number:
8. The registration number should be allotted only in the following format:-
DN/XXX/2008-2010
DN Stands for name of the Division/Gazetted Post Office
XXX Stands for the number to be allotted
2008-10 Stands for the block of 3 years for which the registration is valid.
Note: The year part of the Registration will change every time the registration is renewed.
Validity of Registration:
9. Initial registration will be allowed till 31st December of the third calendar year following that in which the registration is made. Time taken for processing of fresh registration should normally not exceed 30 days. Application for renewal should be made by the applicant in advance before 30th September of the year in which the registration is to expire. Renewal will be granted for three years from 01 January to 31st December of the third year if all conditions are fulfilled. The Postal Authorities must issue the renewal licenses to all applicants before 15th of December.
Fees for Registration/Renewal:
10. Registration of a newspaper may be subject to the payment of registration fee. Renewal of registration will attract the same fee as prescribed for new registration, if the application for the same is received within due date. An additional late fee will be charged as UCR for each application for renewal of registration received after 30th September but before 31st December of the year in which the registration expires. A still higher late fee will be charged if the renewal application is received after last date of validity of the current registration i.e., after 31st December. The amount of fee as well as, late fees, will be as prescribed by DG, Posts from time to time. It is clarified that presently there is no fee for registration. For renewal the fee is Rs 50/- if the application is received after 30 September but before 31 December of the year in which the registration is to expire. It is Rs 100/- if it is received after the expiry date.
National Database of RNPs:
11. A consolidated national database of all RNPs will be maintained as a part of the National Database Centre (NDC). All Registering Authorities will update the database as and when a registration is granted/renewed/cancelled. However, till such time as the NDC becomes accessible to all offices, manual record as given in the next para, will be maintained by each registering authority in r/o the
newspapers registered with it.
12. A consolidated list of all registered newspapers, including ongoing and renewals, will be maintained by the Registering Authority and a copy of the same sent to the office of posting so as to reach them positively before 31st December every year as per format given below:
1. Sl. No.
2. Name of Publication
3. Previous Regn. No. (If already registered)
4. New Regn. No.(Only years will change)
Late renewals and fresh registration cases should be forwarded to the Office of Posting on case to case basis as and when these occur.
Supervision Over Validity of Registration:
13. The Head of the Office/Supervisor in the PO/RMS/PSO would note the consolidated list of ongoing registrations and renewals (Para 8 above) before 31st December each year in a register kept for this purpose. Late renewals and fresh registration cases will be entered as and when received. The register will have the following columns:-
(a) Serial Number
(b) Name of Publication and its Language
(c) Registration Number
(d) Dates Allotted for Posting
(e) Number of Copies to be Posted
(f) Whether Licensed to Post Without Prepayment of Postage
(g) If so, WPP License Number
(h) Remarks
14. A fresh page will be earmarked for each year. Fresh list will ensure that there is no jumbling of entries and there is a fresh list prepared every year. The supervisor will initial on the first working day of each month in the remarks column as a token of having checked and updated the register. He must satisfy himself that the newspapers posted in his office are the same as entered in the register. Better still, if the list is displayed on a display board/chart.
15. Visiting Inspectors/Superintendents will also check the register with reference to the posting of newspapers to ensure that no unregistered newspapers are received in the office.
Place(s) of Posting:
16. Place of Posting will be intimated by the Registering Authority at the time of granting license or renewing it. The office of posting should normally be a Mail Business Centre (MBC), if MBC is functioning at the station of registration. The registering authority may offer some other choice of office of posting, if the situation so demands.
17. A publisher may be allowed to post newspapers at a place outside the jurisdiction of the Registering Authority. The articles can be posted even in other Circles. Permission for such outside place of posting will be granted by the concerned Chief Post Master General/Post Master General (in whose jurisdiction
the requested place of posting lies) after satisfying himself about the genuineness of original registration from the Licensing Authority.
Dates of Posting:
18. Either a single date or a series of dates, not exceeding one week, should be allowed during which the newspaper may be posted. If the publisher requests for one time change in dates, he should make a request to the Postmaster General at least three days in advance.
19. Permanent change in dates, as well as place, may also be accepted, as for as possible, and orders issued within a week of receiving the request.
Posting of Newspapers Without Prepayment of Postage:
20. As per Rule 30 (b) of IPO rules, 1933, the full postage on registered newspapers should be prepaid unless the newspaper is exempted from prepayment of postage by a valid licence. While the registration of newspaper is done by a Divisional Superintendent/Independent Gazetted Postmaster, the valid licence for posting of a newspaper without prepayment of postage is to be issued by Pr. CPMG/CPMG/PMG. The detailed procedure is given in Clause 14 of P.O.Guide Part I. It is reproduced as Annexure IV.
21. As per Sub Clause (3) of Clause 144 of the P.O. Guide, part I, the security deposit has to be made either as a bank guarantee or POSB A/c or NSC in the Post Office. Since institutional accounts have been discontinued, the security deposit may be allowed in the post office as UCR till such time as some
other method is devised. Or else, bank guarantee will suffice.
Variation in Copies Authorized and Posted:
22. Earlier it was ordered that the variation in number of copies authorized to be posted and number of copies actually posted should not be more than 5% on the higher as well as lower side. It has now been decided that there will be no objection if the number of copies posted is less than the number of copies
authorized to be posted. But if the number of copies to be posted exceeds the number authorized in the license, the licensee should be asked to increase the security deposit as prescribed vide Clause 144(4) (viii) of Post Office Guide Part–I. The same conditions will also apply if the newspapers are on prepaid postage. The publisher should be asked to get the authorization revised if it exceeds the licensed quantity but no objection to be raised for its being less than the authorized number. Registering authorities have full powers to revise this authorization as per the request of the applicant.
Important Clarifications:
23. The following clarifications pertaining to the implementation of the statutory provisions covering registered newspapers are issued with a view to set at rest all doubts on the subject:-
(a) Difference Between a Newspaper and a Periodical:
As stated earlier, any publication that is published regularly at intervals of not more than 31 days, is deemed to be a Newspaper under the Indian Post Office Act, 1898 (conditions apply). Only those publications that are published at intervals of more than 31 days i.e., all bimonthly, quarterly and annual
publications are the ones that are treated as periodicals under this Act. Different postage rates are applicable to registered newspapers and book packets containing periodicals. If a newspaper is posted without valid postal registration, it cannot avail concessional rates of postage meant for a registered newspaper even if it is printed and published at intervals of less than 31 days. It can, however, be posted at the rates of book packets containing periodicals or ordinary book packet rates.
(b) RNI Number and Postal Registration Number:
All newspapers have to register themselves with Registrar of Newspapers of India (RNI) under Press and Registration of Books Act, 1867. RNI number is allotted by the Registrar . After RNI Registration, the newspaper has to separately register itself with the competent Postal Authority and get Postal Registration if it wishes to avail concessional postage rates. It is mandatory for the registered newspaper to print postal registration at a convenient place either on the front page or the back page of the publication in such a manner that it is readable without difficulty. Insisting that this number be printed only in a particular corner on the front or back side is not supported by the statutory rules and has been dispensed with. Minimum font size of 10 is recommended but posting of a newspaper should not be rejected if the font size is less than 10. In such cases the Office of Posting may report the matter to the Registering Postal Authority who may issue any directions as deemed fit to the publisher for guidance in future issues. If his directions are not followed, he is within his rights to cancel the registration. Printing of RNI number is not mandatory for availing concessional rates of postage for registered newspapers. It is mandatory only on periodicals which wish to avail rates of ‘book packets containing periodicals’.
(c) Printing of Price and WPP/License Number :
Ministry of Law has clarified that publications that are free of cost are not eligible for postal registration. As such, printing of the price of the newspaper is a must to show that it is not free. Printing of License Number for permission to post without pre-payment of postage is also mandatory if the newspaper has obtained any such license from the concerned CPMG/PMG. The license number is required to be printed along with the words – ‘Licensed to post without prepayment’ below or after the Postal Registration Number. The licensee may also use the abbreviated version, instead of the complete phrase as above, by substituting the phrase with the term “WPP” as prefix before the license number.
(d) List of Bona Fide Subscribers:
As per the interpretation of Law Ministry, a bona fide subscriber is one who pays a price for a publication. As per Rule 30 of IPO Rules, a publisher is required to submit a list of at least 50 bona fide subscribers, along with his application, for initial postal registration. Complete list of subscribers is not
required. The Divisional Superintendent/Gazetted Postmaster may verify all or some of the subscribers for being bona fide and act as per his finding. There is no need to call for fresh list of subscribers at any time during the validity of registration or at the time of renewal of license unless there is some pressing
reason to do the same which the licensing authority may record on the file.
(e) Supplements and Split Editions:
The IPO Act allows a newspaper to carry supplements. The supplement must consist “wholly or in great part of matter like that of the newspaper and has the title and the date of publication of the newspaper printed at the top of each page”. There is no bar on the supplements being of different size than the main newspaper. Split editions are a recent phenomenon and are meant to serve target readership. For example, major newspapers in Delhi which are published from one location may have about 80% common matter but the remaining 20% is meant for a particular area only ie; North Delhi, South Delhi etc. To avoid multiple registration for each split edition, it has been decided to permit all such editions to be covered by a single registration. However, this is not applicable if the editions are published from different cities. In such cases they should obtain new registration from local postal authority. Multiple registration of a newspaper in different locations of publication is permitted. Such multiple registration numbers are required to be printed as prescribed.
(f) Contents:
As per Section 9 of the IPO Act, 1898, “every publication, consisting wholly or in great part of political or other news or of articles relating thereto or to other current topics, with or without advertisements, shall be deemed to be a newspaper”, subject to conditions of periodicity and bona fide subscribers. Various courts, including the Hon’ble Supreme Court of India, have given judgments as to what constitutes news, current topics and articles relating thereto. The gist of the judgments is that as per Section 9 of the IPO Act, 1898, the terms news, current topics and related articles virtually cover all subjects, be it political, social, religious, educational, medical, scientific news or other news or articles etc. It is important, therefore, that the contents of a newspaper are examined liberally for the purpose of postal registration. If a publication is registered with RNI as a newspaper, it would be sufficient to accept it as a newspaper for postal registration also, if other conditions are fulfilled.
(g) Advertisements:
A newspaper can be with or without advertisements. ‘In great part’ does not lay down any ratio of the news and articles to advertisements. Taking customer friendly view, it has been decided to fix no mathematical limit or ratio of advertisements to other contents. The advertisements, however, have to be printed as a part of the newspaper only. No extra in the name of some other advertiser will be permitted. The provisions of Sub Rule (9) of Rule 30 of IPO Rules,1933 and the Note under the Sub-Rule will be applicable on any advertisement sheet which forms a part of the Newspaper.
(h) Pagination:
To ensure that no unauthorized insertions are allowed in a newspaper,the question of continuous pagination assumes importance. The courts have ruled that so long as an insertion is part of the continuous page numbering, it forms a part of the newspaper. The page numbers, however, need not be printed on each page. The pages containing advertisement invariably do not carry page numbers or title of the publication. But so long as all pages have been accounted for from the first to the last page, it is to be accepted as proper pagination. Pagination has to be accepted only paper pages. Items like Compact Discs, Floppies etc. cannot be accepted as being part of the pagination. Newspapers carrying such items should be advised to sign a business package as per the provisions of this Directorate letter No. 36-159/2006-07/BD&MD dated 09 March, 2007 (Annexure –V).
(i) Concealment of Title:
Posting of a magazine/newspaper should not be refused simply because part of this title has been concealed by a photo sketch etc. So long as one can make out the written word, it will be acceptable for posting.
Conclusion:
24. It is hoped that the above clarifications/instructions will help in removing all doubts relating to the various issues pertaining to the registered newspapers. If, however, still any issues remain unclear the same should be brought to the notice of the Directorate. Meanwhile, any pending cases may please be decided in the light of these instructions/clarifications.
25. These instructions/clarifications should be brought to the notice of all concerned. Pending cases, if any, may be decided in the light of this ruling.
Sd/-
(Brig. Y.P.S. Mohan)
Dy. Director General PO&I)