Authentication of the declaration
12. (1) Subject to the provisions of sub-section (2), each of the duplicate originals of every declaration made and subscribed under section 7 shall be authenticated by the signature and official seal of the District Magistrate before whom the said declaration is made.
(2) The District Magistrate shall not authenticate the declaration unless he is satisfied that-
(a) the proprietor, the printer and the publisher are citizens of Bangladesh;
(b) the proprietor, if he himself is not the printer or the publisher, has authorised the making of such declaration;
(c) the title of the newspaper proposed to be published is not the same as the title of any newspaper already being published in the same language at any place in the country, not being a newspaper of different periodicity published by the same publisher or another edition of the same newspaper published from another place;
(d) the printer or the publisher was not convicted of an offence involving moral turpitude within five years before the date of his making and subscribing a declaration under section 7;
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(f) the printer or the publisher has not been found to be a lunatic or of unsound mind by any court;
(g) [the proprietor or the publisher] has the financial resources required for regularly publishing the newspaper; and
(h) the editor possesses reasonable educational qualifications or has had adequate training or experience in journalism.
[Explanation.- A proprietor or a publisher shall be deemed to have the financial resources required for regularly publishing a newspaper if he has such bank balance as the Government may, by notification in the official Gazette, specify from time to time in this behalf.]
(3) If the District Magistrate refuses to authenticate the declaration, the person making the declaration may, within forty-five days of such refusal, prefer an appeal to the [Press Appellate Board] whose decision thereon shall be final.
(4) If the District Magistrate fails to authenticate the declaration within sixty days of the making thereof, the person making the declaration may prefer an application to the [Press Appellate Board] praying for an order directing the District Magistrate to authenticate the declaration, and the [Press Appellate Board] shall make such order on such application as it may deem fit.