The JAMMU AND KASHMIR DELIVERY OF BOOKS AND NEWSPAPERS (PUBLIC LIBRARIES) ACT, 1961.

DELIVERY OF BOOKS AND NEWS PAPERS
(PUBLIC LIBRARIES) ACT, 1961
(ACT NO. XIII OF 1961)
THE JAMMU AND KASHMIR DELIVERY OF BOOKS AND NEWSPAPERS
(PUBLIC LIBRARIES) ACT, 1961.
ACT NO. XIII OF 1961.
CONTENTS
Section.
1.  Short title and extent.
2. Definitions.
3. Delivery of books to public libraries.
4. Delivery of newspapers to public libraries.
5. Receipt for books delivered.
6. Penalty.
7. Cognizance of offences.
8. Application of Act to books and newspapers published by Government.
9. Power to make rules.
–––––––
DELIVERT OF BOOKS AND NEWSPAPERS ACT, 1961   505
THE JAMMU AND KASHMIR DELIVERY OF BOOKS AND NEWSPAPERS
(PUBLIC LIBRARIES) ACT, 1961
(Act No. XIII of 1961)
[Received the assent of the Sadar-i-Riyasat on 25th March, 1961 and pub-
lished in the Government Gazette dated 31st March, 1961.]
An Act to provide for the delivery of books to public libraries.
Be it enacted by the Jammu and Kashmir State Legislature in the Twelfth Year
of the Republic of India as follows :––
1. Short title and extent . ––(1) This Act may be called the Jammu and Kash-
mir Delivery of Books and Newspapers (Public Libraries) Act 1961.
(2) It extend to the whole of 1[the Union territory 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 pam-
phlet 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 2[the Press and Regis-
tration of Books Act, 1867 (25 of 1867)] ;
(b) ‘newspaper’ means any printed periodical work containing public news
published in conformity with the provisions of 2[the Press and Regis-
tration of Books Act, 1867 (25 of 1867)] ;
(c) ‘public libraries’ means the National Liberary at Calcutta and any other
five libraries, which may be specified by the Government by a notifica-
tion in the *[Government Gazette].
3. Delivery of books to public libraries. ––(1) Subject to any rules that may
be under this Act, but without prejudice to the provisions contained in 2[the Press
1. Substituted for “the State” by S.O. 1229 (E) dated 31.03.2020.
2. Substituted for “section 5 of the Jammu and Kashmir State Press and Publications Act, Svt.
1989” ibid.
* Now Official Gazette.
3. Substituted for “section 26 of the Jammu and Kashmir State Press and Publications Act, Svt.
1989”by S.O. 1229 (E) dated 31.03.2020.
506 DELIVERY OF BOOKS AND NEWSPAPERS ACT, 1961
and Registration of Books Act, 1867 (25 of 1867)], the publisher of every book
published in the State after the commencement of this Act, shall, notwithstanding
any agreement to the contrary, deliver at his own expense a copy of the book to
each of the public libraries within thirty days from the date of its publication.
(2) The copy so delivered to each of the public libraries shall be a copy of the
whole book with all the 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 sitiched together and on the best paper on which any of the book is
printed.
(3) Nothing contained in sub-section (1) shall apply to any second or subse-
quent 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 belongling to the book
have been made, and a copy of the first on some procedings edition of which book
has been delivered under this Act.
4. 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
1[the Press and Registration of Books Act, 1867 (25 of 1867)], the publisher of evrey
newspaper published in the *State 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 Government in the **[Government Gazette].
5. Receipt for books delivered .–– The person in charge of a public library
(whether called a librarian or by other name) or any other person authorised by him
in this behalf to whom a copy of a book delivered under section 3 shall give to the
publisher a receipt in writing therefor.
6. Penalty .–– Any publisher who contravenes any provisions of this Act or
of any rule made thereunder 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 six times 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, as the case may be, ought to have been delivered.
1. Substituted for “the Jammu and Kashmir State Press and Publications Act, Svt. 1989” by S.O.
1229 (E) dated 31.03.2020.
* Now Union territory of Jammu and Kashmir.
* * Now Official Gazette.
DELIVERT OF BOOKS AND NEWSPAPERS ACT, 1961   507
7. Cognizance of offences. ––(1) No court shall, take cogizance of any offence
punishable under this Act save on a complaint made by an officer  empowered in
this behalf by the Government, by a general or special order.
(2) No court inferior to that of a 1[Judicial Magistrate] of the Fisrt Class shall
try offence punishable under this Act.
8. Application of Act to books and newspapers published by Govern-
ment.–– 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.
9. Power to make rules.–– The Government may, by notification in the
*[Government Gazette, make rules to carry out the purposes of this Act.
–––––––
1. Substituted by Act XL of 1966 for “Magistrate”.
*  Now Official Gazette.

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