The UTTAR PRADESH COURSE BOOKS ACT, 1978

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 Preside nt on Fe bruary 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 inter ests of the general public, for the control of production, supply 
and distribution of, and trade and commerce, in,  course books and for matters conn ected 
therewith or incidental thereto.  
 
It is hereby enacted in the Twenty-ninth Year of Republic of India as follows :-  
 
Short title and 
extents  
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 Interme diate Education, 
Uttar Pradesh;  
(b) "course book" means any book pre scribed or recommen ded 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'" m eans the paper made available by the 
Central Government at conc essional rate, and allotted to publishers 
through the State Government;  
 
(d) "dealer" means a person eng aged in the business of purchase, sale o r 
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 rel ation to a course book means th e price indicated 
against it in a noti fication 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 U. P. Gazette Extraordinary dated May 10. 1978.  
 
[The Uttar Pradesh Course Books Act, 1978]      [Section 3-4] 
  (g) "Prescribed Authority" mean s the District Magistrate and includes any 
officer authorized by h im in writing to perform any of his functions 
under this Act ;  
 
(h) "prospectus" means the "Vivran Patrik a" 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 acc ording 
to the syllabus prescribed by the Board for use In the High School and 
Intermediate classes or according to syllabus prescribed by .the 
Department of Education for classes 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 from 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 printi ng 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 c ontinued to s tore or acquired for storage; whether on his own 
account or an account of or in partnership with any other person, any course 
books, the Prescribed A uthority 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 p erson against whom an order is  passed under sub -section (1), 
fails to comply with it,  the Prescribed Authority may take, o r 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 p ersons as may have 
been specifie d in the order, and may cause to be paid to the dealer the 
notified price thereof.  
 
 
[The Uttar Pradesh Course Books Act, 1978]      [Section 5-9] 
Restriction on 
prescribing of 
text books by 
recognised 
institutions  
5. No educational institution recognized by the Board or main tained or 
recognized by the Board of Basic Education, Uttar Pradesh, where students of 
class I to VIII or any o f them are taught shall, save with approval of t he 
Director, prescribe any textbook for such classes other than those mentioned in 
the notification issued under section 7.  
 
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 re cords 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 rele vant to any proceedings 
in respect of any contravention of the  Act and return such books, accounts 
and other documents to the person from whom they were seized after 
copies thereof or extra cts there from certified under his hand, have been 
taken ; or  
 
(e) search any premises, vehicle or  vessel and prepare an inventory of an y 
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, com mitted, and thereafter take or authorize the taking of 
all mea sures necessary fo r 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 by 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 w ith 
imprisonment for a  term which may extend to one year and sh all 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 co ntravention of, any 
provision of this Act shall be deemed to have contravened the Act.  
 
[The Uttar Pradesh Course Books Act, 1978]              [Section 10-13] 
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 b e 
false, or which he does not believe to be true, or  
 
(ii) makes any such statement as afores aid 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 th e 
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 t hat the offence was 
committed without h is knowledge  or that he exercised all due diligence to 
prevent the commission of such offence.  
 
(2)  Notwithstanding anything conta ined in sub -section (1) where an offence    
under this A ct has been committed b y a company an d it is proved that the 
offence has been committe d 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 any body cor porate 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 Act 2 
of 1974  
 
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 the 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.  
  
[The Uttar Pradesh Course Books Act, 1978]            [Section 14-16] 
  (2) No publication under sub -section (1) shall be  made until, the period for 
preferring an appeal, again st the order of the Court has expired without 
any appeal having be en 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.  
 
Explanation-   For the p urposes 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 p unishable under this Act 
except on a  report in writing of the facts  constituting such offence made 
by order of, or unde r authority from the District Magistrate or such other 
officer as may be emp owered 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 th is 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 procee ding shall lie against a ny person 
for anything which is,  in good faith, done or inten ded to be do ne in 
pursuance of section 3. 
 
(2)  No suit or other regal proceeding shall lie against th e State Government 
for any damage caused or li kely to be caused by an ything which is in 
good faith, done or intended t o be done in pursuance of any order issued 
under this Act. 
  
 
 
 
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