
An Act. to provide for Delivery of Books to the
National Library, 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 Public 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.
(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.
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.
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.
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Dear Publisher,
As you know, under the Delivery of Books and Newspapers (Public Libraries) Act, 1954, every publisher has to send a copy of his publications to four national depository libraries including Connemara Public Library, Chennai. I am enclosing, as you will kindly see, there is no discretion on the part of any publisher to decide what is to be sent to us and what need not be sent. In the past nearly every publisher was scrupulously observing his/her obligations under the Act. Unfortunately over the years this commitment to discharge their obligations weakened on the part of many publishers, a process unfortunately assisted by our failure to remind and urge them to keep to the law. Be that as it may, the Connemara Public Library , Chennai has found itself in the recent years in the unenviable position of having to remind defaulting publishers from time to time and not receiving sufficiently positive response from many of them. We have not thought of seeking the legal remedies provided for in the Act. We sincerely believe that the publishing community in India is enlightened enough to realise the importance of depositing one copy of every publication brought out by the members of the community to the Connemara Public Library , Chennai . The Connemara Public Library , Chennai enjoys the status of an institution of national importance provided for under our Constitution. Besides this formal status, it is well known that it is intended to be and remains the largest and principal treasure house of the country's cultural heritage embodied in written and printed, and now increasingly electronically converted matter. I am sure a reminder from us to the members of the publishing community in the country of the need to help us preserve and build up this treasure house will not be taken amiss.
Apart from the obligation cast upon publishers under the law, there is also an advantage they stand to enjoy by depositing their publications to the National Library , kolkata . It provides them with an excellent, why, unique opportunity of using the forum of the Indian National Bibliography to give the widest possible publicity to their publications not only in this country but virtually all over the world. For it is well known that the Indian National Bibliography is procured by all leading libraries and learned institutions throughout the English speaking world and much beyond. I don't have to elaborate the commercial advantage that this opportunity for publicity offers to the Indian publishers.
May I request you kindly to refresh your memory about the provisions of the Act and take steps for regular supply of all future publications to the four national depository Libraries viz ,1.National Library, Kolkata- 27, 2. Connemara Public Library, Chennai- 8, 3. Central Library, Townhall, Mumbai- 1 and 4. Delhi Public Library , Sarojini Nagar , NewDelhi - 23.
Yours sincerely,
Director
Enclo: AS ABOVE
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