THE DELIVERY OF
BOOKS 'AND NEWSPAPERS'
(PUBLIC LIBRARIES) ACT, 1954
[The delivery of Books (Public Libraries) Act, 1954:
No. 27 of 1954, as amended by the Delivery of Books
(Public Libraries) Amendment Act, 1956: No. 99 of
1956.]
An Act. to provide
for Delivery of Books to the National Library,
Calcutta, and other public libraries.
Be it enacted by Parliament in the Fifth Year of the
Republic of India as follows :-
1. Short title and extent. -
(a) This Act may be called the Delivery of Books
'and Newspapers' (Public Libraries) Act, 1954
(b) It extends to the whole of India
2. Definitions. - In this Act, unless the context
otherwise requires, -
(a) "book" includes every volume, part or division
of a volume and pamphlet, in any language, and every
sheet of music, map, chart or plan separately
printed or lithographed, but does not include a
newspaper published in conformity with the
provisions of Section 5 of the Press and
Registration of Books Act, 1867 (XXV of 1867);
"(aa) 'newspaper' means any printed periodical work
containing public news or comments on public news
published in conformity with the provisions of
Section 5 of the Press and Registration of Books
Act, 1867;"1
(b) "public libraries" means the National Library at
Calcutta and any three other libraries which may be
specified by the Central Government in this behalf
by notification in the Official Gazette.
3. Delivery of books to public libraries. -
(1) Subject to any rules that may be made under this
Act, but without prejudice to the provisions
contained in Section 9 of the Press and Registration
of Books Act, 1867 (XXV of 1867), the publisher of
every book published in the territories to which
this Act extends after the commencement of this Act
shall, notwithstanding any agreement to the
contrary, deliver at his own expense a copy of the
book to the National Library at Calcutta and one
such copy to each of the other three public
libraries within thirty days from the date of its
publication.
(2) The copy delivered to the National Library shall
be a copy of the whole book with all maps and
illustrations belonging thereto, finished and
coloured in the same manner as the best copies of
the same, and shall be bound, sewed or stitched
together, and on the best paper on which any copy of
the book is printed.
(3) The copy delivered to any other public library
shall be on the paper on which the largest number of
copies of the book is printed for sale, and shall be
in the like condition as the books prepared for
sale.
"3A. Delivery of newspapers to public libraries. -
Subject to any rules that may be made under this
Act, but without prejudice to the provisions
contained in the Press and Registration of Books
Act, but 1867, the publisher of every newspaper,
published in the territories to which this Act
extends, shall deliver at his own expense one copy
of each issue of such newspaper as soon as it is
published to each such public library as may be
notified in this behalf by the Central Government in
the Official Gazette."1
(4) Nothing contained in sub-section (1) shall apply
to any second or subsequent edition of a book in
which edition no additions or alterations either in
the letter-press or in the maps, book prints or
other engravings belonging to the book have been
made, and a copy of the first or some preceding
edition of which book has been delivered under this
Act.
4. Receipt for books delivered. - The person in
charge of a public library (whether called a
librarian or by any other name) or any other person
authorised by him in this behalf to whom a copy of a
book is delivered under section 3 shall give to the
publisher a receipt in writing therefor.
5. Penalty. - Any publisher who contravenes any
provision of this Act. or of any rule made there
under shall be punishable with fine which may extend
to fifty rupees and, "if the contravention is in
respect of a book, shall also be punishable with
fine which shall be equivalent to"1 the value of the
book, and the court trying the offence may direct
that the whole or any part of the fine realised from
him shall be paid, by way of compensation to the
public library to which the book or "newspaper"1 as
the case may be ought to have been delivered.
6. Cognizance of offences. -
(a) No court shall take cognizance of any offence
punishable under this Act save on complaint made by
an officer empowered in this behalf by the Central
Government by a general or special Order.
(b) No court inferior to that of a presidency
magistrate or a magistrate of the first class shall
try any offence punishable under this Act.
7. Application of Act to books and newspapers
published by Government. - "This Act shall also
apply to books and newspapers published by or under
the authority of the Government but shall not apply
to books meant for official use only."1
8. Power to make rules. - The Central
Government may, by notification in the Official
Gazette, make rules to carry out the purposes of
this Act. |