The West Bengal Nationalised Text-books Act, 1977

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act VIII of 1977 
THE WEST BENGAL NATIONALISED TEXT-BOOKS 
ACT, 1977. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 28th April, 1977.] 
[28th April, 1977.] 
An Act to provide for the prevention of unauthorised sale of 
Nationalised Text-Books and unauthorised production and 
publication of keys of such Nationalised Text-Books. 
WHEREAS it is expedient to provide for the prevention of unauthorised 
sale of Nationalised Text-Books and unauthorised production and 
publication of keys of such Nationalised Text-Books, and for matters 
connected therewith or incidental thereto ; 
It is hereby enacted in the Twenty-eighth Year of the Republic of 
India, by the Legislature of West Bengal, as follows :- 
1. (1) This Act may be called the West Bengal Nationalised Text- Short title and 
Books Act, 1977. 	 extent. 
(2) It extends to the whole of West Bengal. 
2. In this Act, unless there is anything repugnant in the subject or Definitons. 
context,— 
(a) "Director" means the Director of Public Instruction, 
Government of West Bengal and includes the Director of 
Primary Education, Government of West Bengal and also 
any other officer not below the rank of an Inspector of 
Schools, as may be appointed by the State Government, by 
notification published in the Official Gazette, for discharging 
any of the functions of the Director under this Act ; 
(h) "key" includes any help book, notebook, meaning hook, 
solution, made-easy, suggestion, hint, comment, answer or 
annotation of a Nationalised Text-Book ; 
113 
The West Bengal Nationalised Text-Books Act. 1977. 
[West Ben. Act 
(Sections 3-7.) 
(c) "Nationalised Text-Book" means any book prescribed for 
classes Ito V of any school which is published under the 
authority of the State Government and declared as such by 
notification issued by the State Government. 
Unauthorised 
sale of 
Nationalised 
Text-Book. 
Unauthorised 
printing or 
publication of 
a Nationlised 
Text-Book. 
Unauthorised 
printing, 
publication, 
production or 
sale of a key. 
Penalty. 
3. No person shall sell any Nationalised Text-Book except under 
and in accordance with an authority issued by the Director or at a price 
higher than that fixed by the State Government and no person shall 
sell any such Nationalised Text-Book as is meant for free distribution. 
4. No person shall print or publish any Nationalised Text-Book 
except under and in accordance with an authority issued by the 
Director. 
5. No person shall print, publish, produce or sell any key of a 
Nationalised Text-Book without the prior approval in writing of the 
State Government. 
6. (/) Whoever contravenes any of the provisions of section 3, 4 
or 5 shall be punishable with imprisonment for a term which may 
extend to two years, or with fine which may extend to five thousand 
rupees, or with both. 
(2) A court taking cognizance of any offence punishable under this 
section may order confiscation of any stock of books in respect of 
which the offence has been committed. 
(3) An offence punishable under this section shall be cognizable. 
Offences by 
companies. 
7. (1) Where an offence under this Act has been committed by a 
company, every person who at the time the offence was committed was 
in charge of, and was responsible to, the company for the conduct of 
the business of the company 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 had exercised all due 
diligence to prevent the commission of such offence. 
114 
The West Bengal Nationalised Text-Books Act, 1977. 
VIII of 1977.] 
West Ben. 
Ord. XXV of 
1976. 
(Sections 8-10.) 
(2) Notwithstanding anything contained in sub-section (I), where 
any 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 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 corporate and includes a firm 
or other association of individuals ; and 
(b) "director", in relation to a firm, means a partner in the firm. 
8. No suit, prosecution or other legal proceeding shall lie against 
the Director for anything which is in good faith clone or intended to be 
done under this Act. 
9. The State Government may, by notification in the Official 
Gazette, make rules for carrying out the purposes of this Act. 
10. (1) The West Bengal Nationalised Text-Books Ordinance, 
1976, is hereby repealed. 
(2) Anything done or any action taken under the West Bengal 
Nationalised Text-Books Ordinance, 1976, shall be deemed to have 
been validly done or taken under this Act as if this Act had commenced 
on the 30th day of December, 1976. 
Indemnity. 
Power to make 
rules. 
Repeal and 
savings. 
115 

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