The Delivery of Books and Newspapers (Public Libraries) Act, 1954

1. Short title and extent. (1) This Act may be called the Delivery of Books 1[and Newspapers] (Public Libraries) Act, 1954. (2) It extends to the whole of India except the State of Jammu and Kashmir*.

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(25 of 1867); 1[(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 (25 of 1867);] (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 of 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 is 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 books is printed for sale, and shall be in the like condition as the book prepared for sale. (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 belongings 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.

1[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, 1867 (25 of 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.]

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.

1[5. Penalties.—(1) Any publisher, including a publishing house, a publishing agency or individual, who contravenes any provision of this Act or of any rule made thereunder, shall be given an opportunity to fulfil the conditions of the Act or to remedy the contravention within thirty days on the service of a notice informing them of the contravention. (2) If on the expiry of thirty days from the date of service of the notice, the contravention persists--- (a) the registration of the publisher with the National Agency for International Standard Book Number shall be suspended for a period of one year or up to the day the books are submitted to the designated libraries by the publisher, whichever is earlier; (b) the publisher shall be debarred from receiving an International Standard Book Number for a period of one year or up to the day the books are submitted to the designated libraries by the publisher, whichever is earlier. (3) If the contravention persists, suspension of registration, and debarment, the publisher’s registration with National Agency for International Standard Book Number shall be permanently cancelled and the publisher shall be permanently debarred from receiving an International Standard Book Number.

1[5A. Adjudication of penalties.---For the purpose of adjudicating penalties under section 5, the Central Government shall appoint the Head of the Library as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed: Provided that the Central Government may appoint such other adjudicating officers as it may consider necessary: Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

1[5B. Appeal.---(1) Any person aggrieved by an order of the adjudicating officer under section 5A may, within a period of thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed. (2) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. (3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit. (4) An appeal under sub-section (1) shall be disposed of within sixty days from the date of filing.]

1[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.]

8. Power to make rules. 1[(1)] The Central Government may, by notification in the Official Gazette, makes rules to carry out the purposes of this Act. 2[(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]