THE UTTAR PRADESH COURES BOOKS ACT, 1978

[U.P. Act No. 7 of 1979]

 

(As passed by the Uttar Pradesh legislature)

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 commented there

with or incidental thereto

 

It is herby enacted in the Twenty-ninth Year of Republic of India as follows.

 

            1.  Short tile and extent.- (1) This Act may be called the Uttar Pradesh Course Books Act, 1978.

 

            (2) It shall extended to the whole of Uttar Pradesh .

 

            2. Definitions.- 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 syllabi of the                  Department of 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) “confessional rate paper” means the paper made available by the Central                            Government at Confessional ra e, and allotted to publishers through the State           Government ;

 

                (d) “dealer” means a person engaged in the business of purchase, sale or storages for              sale of any course books, whether by wholesale (whether as printer, publisher , or        distributor) or by retail, and included 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 notifications issued, the                 price indicated in the Uttar Pradesh Courses Books Order, 1975;

 

                (g) “Prescribed Authority means the District Magistrate and includes any officer                       authorised by him in writing to perform any of his function under this Act;

 

                (h) “prospectus” means the “Vivran Patrika” issued form time to time for the High                 Scholl and Intermediate Examination by the Board ;

 

                (i) “prospectus” means a person who publisher any book prepared according 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 courses books .

3. Dealer no to withhold form sale or charge excess price.- (1) if 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 the Act, use any paper other than confessional rate paper for the printing or publishing of text book –

 

                (a) prescribed or recommended for use in any class by the Board or by the                                 Department of Education , as the case may by :

                (b) written according to the syllabus in this sub-section shall be deemed to require a                  publisher to the confessional rate paper for the printing or publishing of any book                 referred to above if confessional rate paper cannot be made available to him for                        any reason.

 

Provided that nothing contained on this sub-section shall be deemed to require a publisher to the confessional rate paper for the printing or publishing of any book referred to above if confessional rate paper can not be made available to him for any reason.

 

4. Requisition of stock of course books.- (1) Where the Prescribed Authority has reasons to believe the any dealer has stored or on account of or in partnership with, any other person, any course books, the Prescribed Authority may, be 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 class of persons part in such manner and within such time as it may specify in his 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 book or part thereof ,as the case may be, in it custody, and may deliver or cause to be delivered such stock or part thereof to the State Government or such person or class of class of person as may have been specified in the order may cause to be paid to the dealer the noticed price thereof . 

 

                5. Restrictions on prescribing of text books by recognized institutions- No educational institution recognized by the Board or maintained or recognized by the Board of Basic Education, Uttar Pradesh ,where students of classes I to VIII or any of them are taught shall, save with approval of the Director, prescribe any text-book for such classes other than those mentioned in the notification issued under Section 7.

 

                6. Power of collecting information or statistics entry, search and seizure. – The Prescribed Authority may, with a view to securing compliance with this Act or satisfying itself that Act has been complied with –

 

                (a) require any person believed to make any statement or to furnish any in formation             or statistics ;

                (b) require any dealer or any person believed to be a dealer to maintain and produce              for inspection such book, accounts and records relating to his business or 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, a 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 form whom they were seized after copies thereof or                            extracts there form , certified under his have been taken; or

 

                (e) search any premises, vehicle or vessel and prepare in 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 there securing the production of  stock so seized in court and for                  its safe custody pending such production.

 

7. Power of State Government to notify prices of course books.- The State Government may bay notified orders fix fair price of course books specified or referred to their in ,

 

8. Penalties.- If any person contravenes the provisions of Section of Section 3, he shall be publishable-

 

                (i) in the case of contravention of sub-section 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 there years and shall also be liable to fine.

 

9. Attempts and abetment.-Any person who attempts to contravene, or abets a contravention of, any provisions of this Act shall be deemed to have contravened the Act. 

 

10. False statement .- 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 case to be true, or

 

                (ii) makes any such statement as aforesaid in any books , account , recorded,                          declaration, return or other document which he is require by any such order to              maintain or furnish, he shall be punishable  with imprisonment for a terms which                 may extend to three years or fine ,or with both.

 

11. Offences by companies- (i) 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 uncharged of ,a and was responsible to, the company for the conduct of its uncharge  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 he offence and shall be liable to be proceeded against and published 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, manger secretary or other officer of the company, such director, manage , secretary or other officer shall also be deem I 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 may body corporate, and includes a firma or other association           of   individuals ; and

                  (b) “director” in relation to a firm means a partner in the firm.

 

                13. Power of Court to publish name, place of business, etc ,of  company convicted under the Act.- (1) Where any company is convicted under this Act, it shall be competent of 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 circumstances of the case, to be published at the expense of the company in such new spears or in such other manner as 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 expense of any publication under sub-section (1) shall be recoverable form the company a if it were a fine imposed by the Court .

 

                Explanation –For the purposes of this section, Company has the meaning assigned ot it in clause (a) of the explanation to Section II.

 

                14. Cognizance of offence-No Courtshall take cognizance of any offence publishable under this Act except on a report in writing of the facts constituting such offence made by order of, or under authority form the District Magistrate or such other officer as may be empowered by the State Government   by general or special order in this behalf.

 

                15. Special provision regarding fine.- Notwithstanding anything  contained in Section 29 of the Code of Cranial Procedure, 1973 (Act 2of 1974), its shall he 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.

 

16. Protection of action taken under the Act .- (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 in pursuance of any order issued under this Act.