AZAD GOVT. OF THE STATE OF JAMMU AND KASHMIR

LAW, JUSTICE, Human Rights & PARLIAMENTARY AFFAIRS DEPARTMENT

******

“Muzaffarabad”

Date: 07-10-2003

NOTIFICATION:

            No. I.D/653-60/03. This following Act of the Assembly received the assent of the President on 30^th day of September, 2003 is hereby published for general information.

(Act XVII of 2003)

An Act

            To provide law for the establishment of a Press Foundation.

Whereas it is expedient to provide law for the welfare of the persons relating to press and to establish a Foundation for this purpose.

            It is hereby enacted as follows:-

1.         Short title and commencement:- (1) This Act may be called the Azad Jammu and Kashmir Press Foundation Act 2003.

            (2) It shall be come into force at once.

2.         Definitions:- Unless there is
anything repugnant in the subject or context the following expressions
shall have meanings respectively assigned to them:

(a)       “Board” means the Board of Governors of the Press Foundation.

(b)       “Chairman” means the Chairman of the Press Foundation.

(c)       “Vice Chairman” means Vice Chairman of the Press Foundation.

(d)       “Dependant” includes the wife, son under the age of 18
years and unmarried or divorced daughter of a member or any other member
of his family.

(e)       “Foundation” means the Azad Jammu and Kashmir Press Foundation.

(f)        “Funds” means the Press Foundation Fund.

(g)       “Government” means the Azad Government of the State of Jammu and Kashmir.

[(ga)    “Media Groups” means and includes a Daily, Daily Newspaper,
Newspaper, Weekly, Weekly Magazine, News Agency / Organization, National
Daily, Electronic Media, Periodical and any other Media organization
validly registered, accredited or enlisted with Directorate General of
Public Relations / Information Department media list;

(gb)     “Journalist” means and includes an editor, news reporter,
correspondent or photojournalist (cameraman) etc., of a Media Group;][1]

[(h)     “Member of the Foundation” means a State Subject of Jammu
and Kashmir working as a Journalist of a Media Group who has been
accredited as such by the Directorate General of Public Relations /
Information Department and who regularly contributes toward the Press
Foundation Fund; and][2]

[(ha)   “Press Club” means a Press Club validly registered,
accredited or enlisted as per prescribed procedure with Directorate
General of Public Relations / Information;][3]

(i)        “Regulations ” means the Regulation framed from time to time by the Board of Governors under this Act; and

(j)        “Secretary” means the Secretary of the Foundation as envisaged in section 8(I).

3.         Constitution of Accreditation Committee:- (1) The Government shall constitute a Committee consisting of a Chairman with the following:-

(2)       The Committee shall be competent [to examine the cases and recommend to the Government][5] to grant accreditation card to the persons fulfilling the conditions as laid down in section 4.

[(3)     The committee may conduct meetings and discharge its
functions notwithstanding the absence of Vice-Chairman until such time
the Vice-Chairman is elected from amongst the members of the
foundation.][6]

[4.       Qualification or grant of accreditation card:-
Any Journalist of a Media Group seeking accreditation from the
Government shall be required to fulfill the following conditions:-

(i)        He shall be a State Subject of Jammu and Kashmir or a
National of Pakistan working as a Journalist in Azad Jammu and Kashmir;

(ii)       He shall possess a valid appointment or authority letter /
order authorizing him to perform duties as Journalist of a Media Group;

(iii)     He shall not engage himself in any other business or
profession which in the judgment of the Committee compromises his status
as a Journalist;

(iv)      He is graduate from a recognized university having at least
three years experience at the time of filing application which enable
him to fulfill professional obligations as a Journalist; and

(v)       He is not more than 45 years of age.][7]

5.         Disqualification of Membership:- (1) A member shall be disqualified if;

(a)       His accreditation is cancelled or withdrawn by the Competent Authority.

(b)       He fails to contribute membership fee regularly in accordance with the regulations framed by the Board; and

(c)       He joins some other career or profession or in case of death of a member.

(2)       Membership of the Foundation shall be non-transferable.

[6.       Powers and functions of the Foundation:-
(1) The Foundation shall examine the cases received for registration as
a Member and, on the recommendation of the Board shall issue membership
card to the person who fulfill prescribed criteria.

(2)       The Foundation shall be responsible:-

(a)       to provide low cost accommodation to the Members;

(b)       to extend and improve medical facilities for the Members and their dependants;

(c)       to provide grants in case of death of any of the beneficiaries;

(d)       to register the Press Clubs and media organizations in the
manners as may be prescribed in the Regulations and to provide grants to
them when received from the Government:

                  Provided that all grants in aid or any other grant
announced by the Government for any Media Group or Press Club shall be
distributed through the Foundation;

(e)       to make and notify the categories of Journalists in the manners as may be prescribed in the Regulations;

(f)        to provide grants in case of marriage of the daughter and son of deserving Members; and

(g)       to do all such other things as are incidental or conducive
to carry out the purposes and objectives of the Foundation.][8]

7.         Fund:- (1) There shall be a Press Foundation Fund raised from the following sources:-

(a)       grants-in-aid received from the Government.

(b)       annual contributions of the members.

(c)       donations;

(d)       profits on deposits; and

(e)       any other sources approved by the Board.

(2)       The Fund shall be utilized for the following purposes:-

(a)       for the welfare of the members of the foundation; and

(b)       to provide financial assistance to the members.

8.         Press Foundation:- (1) There shall be a Press Foundation to be administered by the Board of Governors consisting of the following:-

 (g)      elected Presidents of Azad Kashmir Central Union of
Journalists and Jammu and Kashmir Union of Journalists shall be members
of the Board.

(2)       The decisions of the Board shall be made by a vote of majority.

9.         Powers and Duties of the Chairman:- (1) The Chairman of the Foundation shall:-

a)         preside meetings of the Board of Governors and shall exercise a casting vote in the event of tie among members;

b)        ensure through the Secretary of the Board that all policies and decisions of the Foundation are implemented; and

c)         keep apprised the members of the Foundation the progress
and important development of the Foundation’s industrial, commercial and
welfare schemes.

(2)       The Chairman may issue letters, orders, instructions or
exercise any powers on behalf of the Foundation and it shall be presumed
that he has issued and exercised the same after full consultation with
member of the Foundation and the same shall not be called in question.

10.       Meetings of the Board:- (1) The
Chairman may convene meetings of the Board as such time and place as he
may deem necessary and convenient for the transaction of the business.
At least two meetings of the Board shall be held during a financial
year.

                        [Provided that the Chairman
shall call the meeting of Board on written request of one half the of
the members of Board within thirty days.][13]

Provided that the Chairman may ask the Vice Chairman to preside over the meeting of the Board.

(2)       Half of members excluding the Chairman shall form the quorum of a meeting of the Board.

(3)       Non Official members of the Board shall be entitled to get
actual traveling and lodging expenses from the Foundation Funds as and
when they travel from one place to another to participate in a Meeting
of the Board, while the Government functionaries shall be entitled to
get TA/DA from their respective departments in accordance with the
prevailing Government rules.

(4)       The Chairman, or in his absence the Vice Chairman, shall preside over the meetings of the Board.

(5)       A matter shall be decided on the basis of a simple majority of the members present in a meeting.

(6)       The Vice Chairman and the Secretary shall be eligible to
vote and the Chairman shall only exercise his casting vote in case of a
tie.

11.       Modes of Financial Assistance to the members of the Foundation:-

(1)       The Secretary may, with prior approval of the Chairman and
in accordance with the rate of financial assistance determined by the
Board, make payments out of Foundation Fund to the members or their
heirs, as the case may be, on the following occurrence / occasions, if
the matter has been reported on prescribed form:-

a)         In case of death of a member as burial expenses;

b)        In case of marriage of a daughter of a member;

provided that no member shall be entitled to receive such assistance more than once [in a year][14]: and

c)         In case a member is seriously injured due to some accident
and is admitted in a hospital or is suffering from a serious disease
and is hospitalized or has been advised a major operation by an official
surgeon or has been operated upon.

(2)       [………….][15]

(3)       The Board will entertain and consider requests from members
for grants of educational / training scholarships to such children of
its members who, after intermediate, have secured admission in
professional institutions.

(4)       The Board may grant assistance to the members in such other
matters which have not been enumerated in clause (a), (b) and (c) of
subsection (1).

12.       Functions of the Secretary:- (1)
The Secretary shall:- have the powers to control and supervise all the
industrial, commercial, welfare or other activities of the Foundation
and shall also coordinate with the Government;

(a)       with the approval of the Board deal with the Government for
the purpose of making any presentations and for taking action to obtain
any concession, privilege or right from the Government or any
authority.

(b)       subject to the control of the Board, be responsible for
running the Foundation and cause the order and decision of the Chairman
and the Board of Governors to be carried out;

(c)       take all possible steps to ensure that the Funds of the
Foundation are spent on the purpose for which they are provided; and

(d)       prepare and submit to the Board of Governors the audited
annual statements of accounts and budget estimates for approval.

(2)       All meetings of the Board shall be convened by the Secretary under the direction of the Chairman of the Board.

(3)       The Secretary shall conduct the official correspondence of the Foundation under the authority of the Chairman.

(4)       The Secretary shall perform such other duties as may be assigned to him by the Board.

13.       Honorarium:- In lieu of their
services for the Foundation the Vice Chairman, Secretary and the other
Government officers or officials appointed to maintain and keep the
office of the Foundation shall be paid honorarium out of the Foundation
Fund at the rates prescribed by the Board.

            Explanation:-

                       The other Government officers or officials
shall be nominated by the Secretary with the consultation of the Vice
Chairman.

14.       Audit:- (1) The Foundation Fund
shall be audited once every year by the Accountant General Azad Jammu
and Kashmir or any officer authorized by him.

(2)       The Secretary shall, as soon as the accounts have been
audited, submit to the Board the audited statements of accounts along
with any observation thereon.

15.       Contribution:- The members of the Foundation shall contribute to the Fund in [every year][16] according to the prescribed Financial Rules.

[15-A  Registration of Media Organizations and Press Clubs:-[17]
All the Media Organiations and Press Clubs shall be registered with the
Foundation in the manners as may be prescribed in the Regulations.

15-B   Observance of Code of Conduct:- (1)
All the Media Groups and Press Clubs shall observe code of conduct laid
down in the Regulations and its violation shall be punishable as may be
prescribed.

            (2) All the fines imposed under this Section shall be credited to the Fund.

15-C   Monitoring Committee:- (1) The Board
shall constitute a Monitoring Committee for one year, with the approval
of the Government, consisting of following:-

(2)  The Monitoring Committee shall inquire into the cases received
from the Board in respect of violation of code of conduct and shall
submit its recommendations to the Board proposing fine within 45 days in
the manners as may be prescribed in the Regulations:

                  Provided that the Board may, on the request of
Monitoring Committee, extend this period up to such extent as it may
deem fit.

(3)  The Monitoring Committee shall perform such other functions as may be assigned to it by the Board under the Regulations.][18]

16.       Head Office:- The Head Office of the Foundation shall be at Muzaffarabad.

17.       Powers to make Regulations:- The Board of Governors may make Regulations to carry out the purpose of this Act.

(IRSHAD AHMED QURESHI)

DEPUTY SECRETARY

(07-10-2003)

(PERVEEN AKHTER)

SECTION OFFICER LAW

(23-09-2004)

(PERVEEN AKHTER)

SECTION OFFICER LAW

 (31-01-2006)

(CH. MUHAMMAD NAWAZ)

SECTION OFFICER (LEGISLATION)

(11-10-2018)

[1] Added vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[2] Substituted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[3] Added vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[4] Substituted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2006

[5] Inserted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[6] Inserted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2006

[7] Substituted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[8] Substituted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[9] Added vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[10] Substituted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2006

[11] Substituted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[12] Added vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[13] Added vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[14] Added vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[15] Omitted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[16] Substituted vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018

[17] Added vide AJK Press Foundation (Amendment) Act LD/Legis-Act/158-68/2018 dated 11.10.2018

[18] Added vide Azad Jammu and Kashmir Press Foundation (Amended) Act, 2018