LexThe U.P. Course Books Act, 1978
Uttar Pradesh · state statute
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THE UTTAR PRADESH COURSE BOOKS ACT, 19781
[ U. P. Act No. 7 of 1979 ]
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on
August 24, 1978, and by the Uttar Pradesh Legislative Council on
November 6, 1978.
Received the assent of the President on February 15, 1979
under Article 201 of the Constitution of India and was published in the
Uttar Pradesh Gazette. Extraordinary dated February 20, 1979. ]
AN
ACT
to provide, in the interests of the general public, for the control of
production, supply and distribution of, and trade and commerce in,
course books and for matters connected therewith or incidental thereto.
Short title
and extent
It is hereby enacted in the Twenty-ninth-Year of the Republic of
India as follows :—
1. (1) This Act may be called the Uttar Pradesh Course Books
Act, 1978.
(2) It shall extend to the whole of Uttar Pradesh.
Definitions 2. In this Act—-
(a) “Board” means the Board of High School and Intermediate
Education, Uttar Pradesh ;
(b) “course book” means any book prescribed or recommended
by or written according to the syllabi of the Department of Education,
Uttar Pradesh, or the Board, or any University as defined in clause (20)
of section 2 of the Uttar Pradesh State Universities Act, 1973 and
specified or referred to in the notification under section 7 ;
(c) “concessional rate paper” means the paper made available
by the Central Government at concessional rate, and allotted to
publishers through the State Government ;
(d) “dealer” means a person engaged in the business of
purchase, sale or storage for sale, of any course books, whether by
wholesale (whether as printer, publisher or distributor) or by retail,
and includes his representative or agent ;
(e) “director” means the Director of Education, Uttar Pradesh ;
(f) “notified price” in relation to a course book means the price
indicated against it in a notification issued under section 7, and until
such notification is issued, the price indicated in the Uttar Pradesh
Course Books Order, 1975 ;
——————————————————————————————————————————
1. For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary, dated May 10, 1978.
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362
(g) “Prescribed Authority” means the District Magistrate
and includes any officer authorized by him in writing to
perform any of his functions under this Act ;
(h) “prospectus” means the “Vivran Patrika” issued from
time to time for the High School and Intermediate
Examinations by the Board ;
(i) “publisher” means a person who publishes any book
prepared according to the syllabus prescribed by the Board
use in the High School and Intermediate classes or according
syllabus prescribed by the Department of Education for class I
to VIII, and includes a person who publishes a course book.
Dealer not to
withhold
from sale or
charge
excess price
3. (1) No dealer shall—
(a) withhold form sale any course book held in stock by him, or
(b) charge for any course book a price which exceeds its notified
price.
(2) No publisher shall, subsequent to the commencement of
this Act, use any paper other than concessional rate paper for the
printing or publishing of a text book :—
(a) prescribed or recommended for use in any class by the
Board or by the Department of Education, as the case may be ;
(b) written according to the syllabus in respect of this subject for
which the Board has not recommended or approved any book ;
Provided that nothing contained in this sub-section shall be
deemed to require a publisher to use concessional rate paper for the
printing or publishing of any book referred to above if concessional rate
paper cannot be made available to him for any reason.
Requisition
of stock of
course books
4. (1) Where the Prescribed Authority has reason to believe that
any dealer has stored or continued to store or acquired for storage,
whether on his own account or on account of or in partnership with
any other person, any course books, the Prescribed Authority may, by
order require him to sell at the notified price the whole or a specified
part of such stock to the State Government or to such person or class
of persons and in such manner and within such time as it may specify
in this behalf.
(2) Where any person against whom an order is passed under
sub-section (1), fails to comply with it, the Prescribed Authority may
take, or cause to be taken such stock of course books or part thereof
as the case may be in its custody, and may deliver or cause to be
delivered such stock or part thereof to the State Government or such
person or class of persons as may have been specified in the order, and
may cause to be paid to the dealer the notified price thereof.
Restriction
on
prescribing of
text books by
recognized
institutions
5. No education institution recognized by the Board or
maintained or recognized by the Board of Basic Education, Uttar
Pradesh, where students of class I to VIII or any of them are taught
shall, save with approval of the Director, prescribed any text-book for
such classes other than those mentioned in the notification issued
under, section 7.
[The Uttar Pradesh Course Books Act, 1978]
364
Power of
collecting
information
or statistics,
entry, search
and seizure
6. The Prescribed Authority may, with a view to securing
compliance with this Act or to satisfying itself that this Act has been
complied with—
(a) require any person to make any statement or to furnish any
information or statistics ;
(b) require any person believed to be a dealer to maintain and
produce for inspection such books, accounts and records relating to
his business or to the stock of course books under his custody or
control as may be specified ;
(c) require any dealer or any person employed by a dealer to
produce such books, accounts and other documents relating to the
stock of course books under his custody or control as may be
specified;
(d) examine and seize any books, accounts or other documents
which in the opinion of such officer would be useful for, or relevant to
any proceedings in respect of any contravention of this Act and return
such books, accounts and other documents to the person from whom
they were seized after copies thereof or extracts] there from certified
under his hand, have been taken ; or
(e) search any premise, vehicle or vessel and prepare an
inventory of any course books found therein, or seize any course books
in respect of which he has reason to believe that a contravention of
this Act has been, is being or is about to be, committed, and thereafter
take or authorize the taking of all measures necessary for securing the
production of stock so seized in court and for its safe custody pending
such production.
Power of State Government to notify prices of course books
7. The State Government may be notified orders fix fair prices
of course books specified or referred to therein.
Penalties 8. If any person contravenes the provisions of section 3, he
shall be punishable —
(i) in the case of contravention of sub-section (1) of that section
with imprisonment for a term which may extend to one year and shall
also be liable to fine, and
(ii) in the case of any other contravention, with imprisonment
for a term which may extend to three years and shall also be liable to
fine.
Attempts and
abetment 9. Any person who attempts to contravene, or abets a
contravention of, any provision of this Act shall be deemed to have
contravened the Act.
False
statement 10. if any person —
(i) when required by any order made under section 6 to make
any statement or furnish any information or statistics which is false in
any material particular and which he, knows or has reasonable cause
to believe, to be false, or which he does not believe to be true, or
[The Uttar Pradesh Course Books Act, 1978]
366
(ii) makes any such statement as aforesaid in any books,
accounts, record, declaration, return or other document which he is
required by any such order to maintain or furnish, he shall be
punishable with imprisonment for a term which may extend to three
years, or with fine, or with both.
Offences by
companies 11. (1) If the person committing an offence under this Act is a
company, every person who, at the time of the commission of the
offence was incharge of, and was responsible to, the company for the
conduct of its business as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and
punished accordingly ;
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment if he proves that the
offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1)
where an offence under this Act has been committed by a company
and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of any
director, manager, secretary, or other officer of the company, such
director manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation— For the purposes of this section—
(a) “company” means anybody corporate and includes a firm or
other association of individuals ; and
(b) “director” in relation to a firm means a partner in the firm.
Offences to
be cognizable
and bailable
12. Notwithstanding anything contained in the Code of
Criminal Procedure 1973, every offence punishable under this Act
shall be cognizable and bailable.
Power of
Court to
publish name
, place of
business etc.
of companies
convicted
under the
Act
13. (1) Where any company is convicted under this Act, it shall
be competent for the Court convicting be company to cause the name
and place of business of the company, nature of the contravention, the
fact that the company has been so convicted and such other
particulars as the Court may consider to be appropriate in the
circumstance of the case, to be published at the expense of the
company in such newspapers or in such other manner as the Court
may direct.
(2) No publication under sub-section (1) shall be made until,
the period for preferring an appeal, against the order of the Court has
expired without any appeal having been preferred or the appeal if
preferred has been disposed of.
(3) The expenses of any publication under sub-section (1) shall
be recoverable from the company as if it were a fine imposed by the
Court.
[The Uttar Pradesh Course Books Act, 1978]
368
Explanation— For the purposes of this section, Company has
the meaning assigned to it in clause (a) of the Explanation to
section 11.
Cognizance
of offence 14. No Court shall take cognizance of any offence punishable
under this Act except on a report in writing of the facts, constituting
such offence made by order of, or under authority from the District
Magistrate or such other officer as may be empowered by the State
Government by general or special order in this behalf.
Special
provision
regarding
fine Act 2 of
1974
15. Notwithstanding anything contained in section 29 of the
Code of Criminal Procedure, 1973, it shall be lawful for any
Metropolitan Magistrate, or Judicial Magistrate of the first class,
specially empowered by the State Government in this behalf, to pass a
sentence of fine exceeding five thousand rupees on any person
convicted of contravening section 3.
Protection of
action taken
under the
Act
16. (1) No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith, done or
intended to be done in pursuance of section 3.
(2) No suit or other legal proceeding shall lie against the State
Government for any damage caused or likely to be caused by anything
which is in good faith, done or intended to be done in pursuance of
any order issued under this Act.