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.
GAZETTE OF
INDIA, Pt. II, Sec. 3, dated 19-3-1955
MINISTRY OF EDUCATION
National Library, Calcutta
New Delhi, 11th March, 1955
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S. R. O. 587. - In exercise of the powers conferred
by Section 8 of the Delivery of Books (Public Libraries)
Act, 1954 (27 of 1954), The Central Government hereby
makes the following rules, namely :-
1. Short title. - These rules may be called the Delivery
of Books (Public Libraries) Rules, 1955.
2. Definitions. - In these rules, unless the context
otherwise requires :-
(a) "the Act" means the Delivery of Books
(Public Libraries) Act, 1954 (27 of 1954);
(b) "Librarian", in relation to a public library,
means the person in charge of such public library, and
includes any person authorised by him in this behalf
to discharge all or any of the functions imposed on
him by or under the Act;
(c) "section" means section of the Act; and
(d) all words and expressions used but not defined in
these rules shall have the meanings respectively assigned
to them in the Act.
3. Mode of delivery. - Subject to the provisions of
section 3 a copy of every book published by a publisher
shall be delivered by him to the librarian of each public
library either by registered post or through a special
messenger and the librarian to whom the copy is so delivered
shall forthwith acknowledge receipt thereof in the Form
annexed hereto and send it to the publisher by registered
post and such receipt shall be conclusive proof of the
fact that a copy of the book has been duly delivered
to the public library of which he is the librarian.
4. Prosecution of a defaulting publisher. - Where a
copy of the book published after the 20th day of May,
1954 has not been delivered to a public library within
a period of thirty days from the date of its publication,
the officer empowered under sub-section (1) of section
6 may at any time after the expiry of the said period
make a complaint to the court against the publisher
of such book for his failure to deliver a copy to the
public library named in the complaint and such complaint
shall be inquired into and tried by the court according
to the procedure laid in the Code of Criminal Procedure,
1898 (Act V of 1898):
Provided that before a complaint is
made to the court, a notice thereof may be given to
the publisher by the librarian stating that he has failed
to deliver a copy of such book within a period of thirty
days of its publication and that if a copy is not delivered
within a period of thirty days of the receipt of the
notice he shall make himself liable to a penalty under
section 5.
5. Information regarding the correct date of publication.
- The publisher of every book shall affix on the copy
of the book delivered to every public library a stamp
bearing the date of the publication of the book and
specifying that "the copy delivered is pursuant
to the Delivery of Books (Public Libraries) Act, 1954."
6. Memoranda of Books. - The publisher of every book
shall furnish to the librarian a statement containing
(so far as may be practicable) the following particulars,
that is to say, -
(1) the title of the book and the contents of the title
page, with a translation into English of such title
and contents, when the same are not in the English language;
(2) the language in which the book is written;
(3) the name of the author, translator or editor of
the book or any part thereof;
(4) the subject;
(5) the place of printing and the place of publication;
(6) the name or firm of the printer and the name or
firm of the publisher;
(7) the date of issue from the press or of the publication;
(8) the number of sheets, leaves or pages;
(9) the size;
(10) the first, second or other number of the edition;
(11) the number of copies of which the edition consists
(12) whether the book is printed or lithographed;
(13) the price at which the book is sold to the public;
and
(14) the name and residence of the proprietor of the
copyright or of any portion of such copyright.
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