Bihar Press Representative Recognition Rules, 2008
(Rules regarding recognition by the Government of Bihar to the representatives/photographers/cartoonists working in press of such newspapers newsmagazines/news agencies/electronic media etc. which publish/broadcast at least fifty percent news or news analysis)
According to Bihar Executive Business Rules- para-1 serial no-6, Information and Public Relations Department has been responsible for recognition to press representative of Press/Electronic media, etc and to issue them Press Accreditation Card to fulfil this responsiblility by superseding all rules issued earlier, the Governor of Bihar makes the following Rules:-
1. Short title, extent and commencement-
(1) These Rules may be called “Bihar Press Representative Recognition Rules, 2008.
(2) It shall apply to the grant of recognition to Representative-photographers cartoonists working in press of news papers, newsmagazines, news agencies & electronic media etc and Editors of small news papers stationed at state Head Quarter and mufassil correspondents and photographers.
(3) It shall come into force from the date of publication of the notification in the official gazettee.
2- Definitions:- Unless otherwise required in the subject and context, in these rules-
(a) “State” means the State of Bihar;
(b) “Government” means Government of Bihar;
(c) “Director” means Director, Information and Public Relation, Govt. of Bihar;
(d) “Press representative” means correspondent (if there is no other option, any person of the editorial wing), photographer, movie cameraman, cartoonist, who is a representative of any news paper newsmagazines, news agency, electronic media which publish/broadcast at least fifty percent news or news analysis, news photo agency Tv and radio channels Doordarshan, Akashwani or broadcasting establishment.
(e) “News paper” means regular publications, which includes news or comments or news analysis or public views;(f) “Electronic Media” means regular Media Organisations suchas, which broadcasts news bulletien/current affairs and adheres to the guidelines of the Ministry of Information and Broadcasting, Government of India. It includes Doordarshan/Akashwani working under Prasar Bharti.
(g) “News Media” means publisher/broadcaster of news and comments and It includes News paper/Wire Service, Nonwire Service, News Agency, News Feature Agency, Electronic Media Agencies, News Portal, which publishes/broadcasts news and comments;
(h) “News Agency” means, such agency which transmits minute to minute news to various News papers/Electronic Media;
(i) “Editor” means, the person who is the declared Editor of a News Paper under Press and Book Registration Act, 1867.
(j) “State Press Representative Recognition Committee” referred as Committee hereinafter means the advisory committee constituted to advise the Government on the question of recognition to the press representatives working in the State.
(k) “News Portal” means the News website which broadcasts news and current affairs 24 hours.
3. Constitution of the Committee- (1) The State Press Representative Recognition Committee shall be constituted by the State Government and a notification will be issued in this regard.
(2) The tenure of the Committee would be for a maximum period of two years and any of the members may be nominated as a member only for two consecutive terms.
(3)Committee:- It shall make recommendations for granting Press Certificate to the Press representatives of the State headquarter and muffassil under the rules made by the State Government and the decision of the Committee in the context of Press Certification to be final.
4. (1) The press certification Committee will have altogather 20 (twenty) members, comprising Editors (attached to any Daily News paper) of News papers published in the State, one representative from the working Journalists’ Union, one representative from small and medium news papers, one representative from Indian Press Council and three members from Electronic Media (if resident of this State) and one representative from Agencies and one representative from News Papers of national level and one representative each Doodarshan and Akashwani. The Director, Information and Public Relation Department shall be
the ex-officio chairman of the committee and Joint Director, Information and Public Relation Department shall be the co-ordinator of the (Press) committee. (2) Generally, the Committee will meet once in three months. (3) The presence of one third of the members in a meeting will make the quorum. (4) Seven days prior notice will be given for a meeting; provided that any emergency meeting may be called at a 24 hour prior notice.
5. Recognition to the hdquarter level Press Representatives:-
(1) Application for recognition:- Application for recognition in the prescribed form (Annexure-1), will be sent to the Director (in his/her designation), Information and Public Relation by the Editors of News Papers/magazines published from the State, Editors of News Agencies/Managing Editors of Doordarshan/Broadcasting Establishment or Head of Office of the corporation, Electronic Media for their representative, Photographer, Cartoonist, Movie photographer, etc along with their full details of qualification and experience. After required scrutiny of the applications received the Information and Public Relation Department shall place them before the Committee for consideration.
(2) The applications must be accompanied with the recommendation of Editor/Bureau Chief of the Press representative as well as the certificate to the effect that the applicant is serving his/her Institution for at least six months and the representative concerned have at least three years’ experience.
(3) Every application must be accompanied with self attested two stamp size colour photographs of the Press representative.
6. Conditions of recognition:- The press representatives/seeking recognition shall have to fulfil the following conditions:-
1. During the tenure of recognition, the residence of the press representative concerned must be within 25 kilometers from the State headquarter.
2. He/She must have continuous working experience as journalist, cartoonist, photography, movie cameraman and appointed as wholetime working journalist as described and defined in Working Journalist (Service Conditions and Legal provisions) Act, 1955, as amended from time to time. In special circumstances, the Government may relax the period of experience.
3. If there is no other option, and if the committee so desires, it may recommend for recognition of any working representative including the Editor of the editorial wing.
4. special Circumstances, any freelancer may be granted recognition on the recommendation of the committee; provided that he/she is actively attached to Journalism and had worked for at least 15 years as a correspondent/photographer in any news paper/agency/media and that news paper lagency/media have been recognized by the State Government and his/her net annual income from journalism should be at least Rs. 25 thousand per anum. He/she shall have to attach the copy of the received cheque/bank draft and copy of the published news or photograph along with the application.
7. Temporary recognition:- (1) In case of any application being received for recognition in replacement of any recognized press representative, such substitute may be recognized for a short period provided he/she fulfils the prescribed conditions.
(2) Any nonresident journalist may be recognized for a short period, however, for permanent recognition the application of the candidate shall be duly placed before the Committee in its subsequent meeting.
8. Determination of the numbers of the recognized press representative:-
The numbers of the recognized press representatives in a news paper/news agency/broadcasting establishment situated in the State headquarter are determined as follows:-
a. Daily News papers published from State headquarter:-
News paper having circulation up to 10,000
News paper having circulation up to 25,000
News paper having circulation up to 50,000
News paper having circulation up to 1,00,000
News paper having circulation above one lakh
Provided that, out of the prescribed numbers one photographer must be accommodated. Note :- In case of increase or decrease in circulation, the number of representatives may be increased or decreased according to need and context and on recommendation of the Committee.
b. Maximum six representatives each of news agencies, i.e U.N.I., P.T.I, at headquarter level may be issued the Press Certificate from State headquarter; provided that at least one photographer too will be accommodated.
c. Maximum four correspondents and four cameramen each of Electronic Media at headquarter level, which broadcast news 24 hours through Satellite, shall be eligible for Press Certificate i.e. Doordarshan, AJTAK, NDTV, STAR TV, ETV, SAHARA TV, CNNIBN, IBN7, ZEE TV etc.
d. Maximum five correspondents and five cameramen each of local Electronic Media, which broadcast news 24 hours through Satellite, shall be eligible for Press Certificate. Four correspondents and four cameramen each of Entertainment channels at the State headquarter, which also broadcast news time to time, shall be eligible for Press Certificate.
e. Two correspondents and two cameramen each of Electronic News Agencies, e.g, A.N.I, etc shall be eligible for Press Certificate.
f. One correspondent and one cameraman of recognized News Portal shall be eligible for Press Certificate from State headquarter.
9. Normally one correspondent and one cameraman, each of Newspapers/Magazines of National level published from outside the state and from other States may be issued Press Certificate;
Provided that, the committee may increase the number in view of the importance and need of the news paper.
10. Effect of the recognition:- The representative of a communication medium does not attain any official or special status due to recognition. This is only a certificate of his/her identification as a representative of the employer of communication medium concerned. This should be utilized for the purposes and work of journalism only. The printing or utilizing the expression “recognized by the Govt. of Bihar” on his/her visiting card or letter pad by any Press representative is totally prohibited.
11. Individuality of the recognition:- The recognition is granted to a particular person, hence it cannot be transferred.
12. Press card to Press representatives:- A press card bearing the stamp size photograph and signature of the press representative will be issued to the recognized press representative.
13. List of recognized press representatives:- A list of the recognized press representatives will be available in the Office of the Director, Information and Public Relation.
14. Destruction or loss of Press Card :- In case of destruction or loss of any Press Card of a recognized press representative, an application with the recommendation of the editor/employer concerned along with the copy of the appropriate affidavit or police report (F.I.R), will be submitted to the Director,
Information and Public Relation. The duplicate press certificate may be issued by the Director, Information and Public Relation.
It will be expedient to immediately inform the Director, Information and Public Relation regarding the loss or destruction of the card.
15. Revocation of recognition :- The recognition may be revoked in following circumstances:-
a. If any recognized press representative utilizes the informations and facilities available for purposes other than Journalism.
b. If the behaviour and function of the press representive is contrary to the dignity of journalism.
c. If the allegation of being involved in immoral activities against the correspondent is proved.
d. If any press representative acts against any of the provisions of the rules of recognition or dispatches any false and malicious and untrue report to evoke sensation and such complain/information is received.
e. If any press representative gives false information his/her recognition shall be revoked as well as legal action would be taken. The complain in this regard will also be lodged before the Indian Press Council.
16. Notice of termination of recognition:- If the press representative is/removed/transferred from or leaves the establishment for which the Press Certificate was issued on the recommendation of the editor/Bureau chief of the establishment or the publication of the News paper is closed, in such cases the Press Certificate of the concerned Press representative shall stand terminated. In such circumstances, the Press certificate must be returned immediately. Unless the concerned Press representative returns the Press Card to the Director, Information and Public Relation, no other Press representative of his/her establishment substituting him/her may be granted recognition.
17. Tenure of the recognition:- The Press representatives shall be recognized by the State Government on the recommendation of the Committee. The tenure of recognition will be of two years from the date of issue of the card.
18. Representation against a decision:- The representation by Press representative of a News paper/News Agency/Electronic Media against any decision made under these Rules may be submitted to the Secretary, Information and Public Relation Department. The representation should be submitted to the Secretary, Information and Public Relation Department within 15 days from the date of receipt of the decision to the Press representative concerned. After giving reasonable opportunity to the person or organization concerned for explanation,
any decision taken by the State Government in consultation with the Committee would be final.
Rules regarding recognition in the District headquarter and Sub divisional Headquarter of Bihar.
1. These rules shall be applicable to the press representatives of the State level News papers and News papers/News Agencies/Electronic Media of all India level situated at district/subdivision headquarters.
2. The applications in prescribed form (Annexure-2) for recognition of Press representatives situated at district/sub-divisional headquarters shall be submitted by the Editor/Employer/Bureau. Chief of the News paper/News Agency/Electronic Media of the relevant district through District Public Relation Officer? The application must be accompanied with two stamp size self attested photographs. The full details regarding the experience of the correspondent or Press representative in journalism, for whom recognition is sought for, should be given by the Editor. After necessary scrutiny of the application, the District Magistrate will send it to the Director, Information and Public Relation with his/her recommendation. After completion of all the formalities; the application will be placed before the recognition committee for consideration.
3. For recognition in district/sub-divisional headquarter, the Press representative of a News paper/News Agency/Electronic Media must fulfil the following conditions:-
(2) During the tenure of the recognition the residence of the Press representative should be in the headquarter of the district/sub-division.
(3) His/her whole time or part time profession should be journalism and be an active journalist.
(4) He/she should not be an employee of Government offices/local bodies and semi government establishments or corporations governed by a government.
4. To recognize the press representatives of daily news papers published from district headquarters, the points of consideration shall be as follows:-
(a) Period of publication.
(b) Publication of the News paper.
(c) Circulation of the News paper and its influence.
(d) for recognition, the substantiated number of subscribers should be at least 10 thousand and the regularly continuing for at least two years. The
Certificate of Circulation should, as far as possible, be from Chartered Accountant. Ministry of Information and Broadcasting, Govt. of India.
5. The number of recognized Press representatives for the district, of the News paper published from the district headquarter, shall be determined by the Committee according to the number of circulation of that News paper. In case of increase or decrease in circulation, the number of recognized Press representatives may be increased or reduced accordingly.
6. Two representatives and one photographer of a daily news paper from the district headquarter, one representative and one photographer from the sub-divisional headquarter and one representative each for News Agencies may be recognized.
7. One correspondent and one cameraman in each district may be recognized for important Electronic Channel, which broadcasts news 24 hours.
8. One correspondent and one cameraman of Electronic Media may be recognized in a sub-divisional headquarter.
In addition to these rules, other rules regarding the recognition of the Press representatives of State Headquarters (which are not mentioned in these rules) shall be applicable in this matter.
9. For the channels legally broadcasting news bulletins through cable in state headquarter and district and sub-divisional headquarter, one correspondent and one photographer may be issued Press Certificate on the recommendation of the District Magistrate. The committee may consider to issue Press Certificate to the Press representative of the news channel broadcasting news on Doordarshan and Satellite News Channel under sponsored programme and the Press certificate to be issued on the recommendation of the committee.
10. Government Media
(a) Secretary, Director of the Information and Public Relation Department, all officers of Bihar Information Service/Photographers/Cameramen/all personnel associated with the Press Section, who are actively connected to press and media work shall also be eligible for Press certificate. In addition to those, Public Relation Officers of the other departments of the State Government engaged press or media work may also be recognized.
(b) Retired Officers of the Information Service, who are actively engaged in Press work, may also be considered by the
Director, Information and Public Relation Department for Press Certificate.
(c) Press Certificate may be granted to the Officers of the Akashwani and Doordarshan, but their maximum number will be five.
(d) Press Certificate may be granted to one Officer/Cameraman or photographer, each of Press Information Bureau and News Reel Division of the Government of India.
(e) Only one Press Certificate may be issued to any representative of the same institution/media;
Provided that, the Press Certificate to the Officers/cameraman engaged with Government Media, namely, Information and Public Relation Department, Akashwani, Doordarshan, P.I.B and News Reel will be given only for identity, they cannot avail the facilities or any financial benefit available to the Press representatives due to this Press Certificate.
11. The power to make amendment/addition to the Rules or to repeal/cancel any of the provisions of the Rules is reserved with the State Government.
By the order of the Governor of Bihar Secretary to the Govt. Memo No.- ………………760……………………I&PRD, Patna, dated- 19-11-08 Copy forward to superintendent, Government press, Gulzarbagh, Patna-800007 for immediate publication of the notification in the extraordinary issue of the Bihar Gazettee. 2. At is also requested that 2500 copies of the issue may be sent to the Information & Public Relations Department, for information and necessary action. Secretary to the Govt. Memo No.- ………………..760………………….I&PRD, Patna, dated- 19-11-08 Copy forward to Principal Secretary to the Governor of Bihar, Secretary to Chief Minister, Bihar, Private Secretary to Minister, Information & Public Relations Department, Bihar, Patna for information. Secretary to the Govt.
Memo No.- ………………..760………………….I&PRD, Patna, dated- 19-11-08 Copy forward to All priniciapl Secreteries of the Government/ All Secretaries of the Government/ All Head of the Department/ All Divisional Commissioner/All District Magistrates/ All S.P’s /All District Public Relations Officers/ All Aditional District Public Relations Officers/Joint Director (Press)/Dy,Director (Press)/ Assistant Director (Press) information & Public Relations Department, Bihar,Patna for information and necessary action. Secretary to the Govt. Anil/Notification-07.07.08