No: 8 Dated: Apr, 28 1977

THE WEST BENGAL NATIONALISED TEXT-BOOKS ACT, 1977

West Bengal Act VIII of 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 as follows:-

1. Short title and extent:- (1) This Act may be called the West Bengal Nationalised Text-Books Act, 1977.

(2) It extends to the whole of West Bengal.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or 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;

(b) "key" includes any help book, notebook, meaning book, solution, made-easy, suggestion, hint, comment, answer or annotation of a Nationalised Text-Book;

(c) "Nationalised Text-Book" means any book prescribed [for studies in schools] which is published under the authority of the State Government and declared as such by notification issued by the State Government.

3. Unauthorised sale of Nationalised Text-book. - 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-Books as is meant for free distribution.

4. Unauthorised printing or publication of a Nationalised Text-Book. - No person shall print or publish any Nationalised Text-Book except under and in accordance with an authority issued by the Director.

5. Unauthorised printing, publication, production or sale of a key. - 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. Penalty. - (1) Whoever contravenes any of the provisions of section 3, [3A], 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.

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