LexThe Goa Public Libraries Act, 1993
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GOVERNMENT OF GOA
Law (Legal and Legislative) Department
______
Notification
7-4-94/LA
The Goa Public Libraries Act, 1993 (Goa Act 14 of 1995) which has been
passed by the Legislative Assembly of Goa on 26 -11-1993 and assented to by the
Governor of Goa on 29 -7-1995, is hereby published for the general information of the
public.
P. V. Kadnekar, Joint Secretary (Law).
Panaji, 2nd August, 1995.
______
The Goa Public Libraries Act, 1993
(Goa Act No. 14 of 1995) [29-7-1995]
AN
ACT
to provide for the establishment, maintenance and development of public libraries in the
State of Goa and for matter ancillary thereto.
Be it enacted by the Legislative Assembly of Goa in the Forty-fourth Year of the
Republic of India as follows:—
1. Short title, extent and commencement. — (1) This Act may be called the Goa
Public Libraries Act, 1993.
(2) It extends to the whole of State of Goa.
(3) It shall come into force on such date as the State Government may, by notification,
in the Official Gazette appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Aided Library” means a public library run by private initiative, receiving State
Government assistance as per existing rules;
(b) “Council” means the State Library Council constituted under sub -section (1) of
section 4;
(c) “document” means embodied thought, i.e. record of work on paper or other
material, fit for physical handling, transport across space, and preservation through
time, and includes the following conventional and non -conventional thought
embodiments: printed books, manuscripts, Braille stenographs, music in notation,
ciphers (where graphic is phonetic symbols) drawing pictures, maps, microfilms,
micro-cards, micro-fiche, cassettes, audio/visual documents, floppy discs (non -book
material) newspapers, periodicals and other serial documents.
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(d) “book” includes—
(i) every volume, part or division of a volume, document be it a printed work or a
manuscript or a micro-film, or a video/audio cassette or a photograph or a compact
disc;
(ii) every sheet of music, chart or plan separately printed or lithographed;
(iii) newspapers, periodicals and other such materials.
(e) “book service” means reference service, lending out books to members of public
libraries, helping groups with books, helping people to know the whereabouts of a
book or books and helping them to procure the books they need;
(f) “Departmental Library” means a library maintained by a Department of the
Government;
(g) “Government” means the Government of the State of Goa;
(h) 1[Public Library” means—
(i) any library established, maintained and managed by the Government and
declared open to public;
(ii) any library declared to be eligible for grant -in-aid and receiving aid from the
Government or from the L ibrary fund of the Raja Ram Mohan Roy Library
Foundation; and
(iii) any other library notified by the Government as a Public Library for the
purpose of this Act.]
(i) “reference service” means assistance from the library staff to the reader or user
of the library to enable him to know, locate and consult books and other materials and
to secure from such books and materials information relevant to this purpose;
(j) “State” means the State of Goa;
(k) “Year” means the financial year.
3. Establishment of Library Service. — (1) The Government shall establish,
maintain and develop Library Service in the State.
(2) For carrying out the purpose of sub-section (1), the Government may,—
(a) promote reading habit and the use of books for the benefit of the people;
(b) offer in its Public Library an adequate book, and reference service;
(c) acquire for its Public Library sufficient number of books;
(d) establish and sponsor organisations and institutions with a view to promote
public interest and participation in the Public Library;
(e) gives adequate library service to all Government Departments and Offices
subordinate or attached to these Departments;
(f) provide library training facilities to ensure adequately trained personnel for
libraries in the State;
(g) provide or secure suitable conditions of service for the library personnel in the
State;
(h) promote co-operation between the public libraries and cultural and educational
Institutions;
(i) promote production and publication of useful literature;
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(j) strengthen and start the libraries like prison libraries, hospital libraries for
patients and home delivery libraries;
(k) promote mobile libraries, audio libraries for blind and special libraries for
hearing impaired, text-book library, children library computerization, micro-filming of
rare documents;
(l) make special efforts t o create the love for books in the masses and specially in
children and the youth;
(m) promote the practice of adoption of libraries by the public undertakings sectors
like Banks;
(n) make compulsory enrolment of every student in the Public Libraries on reaching
standard eighth;
(o) compulsorily require to produce enrolment/membership certificate of the Public
Libraries by the unemployed youth during the registration in the Employment
Exchange for those jobs where literacy is required.
(3) The Government shall discharge its functions and responsibilities under this
section through—
(a) The State Library Council;
(b) The State Library Development Cell;
(c) The State Public Library; and
(d) The Co-operating Institutions.
4. Constitution and establishment of Council.— (1) With effect from such date as
the Government may, by notification, specify in this behalf, the Government shall
establish, for the purpose of this Act, a Council to be known as State Library Council,
with headquarters at such place as the Government may specify.
(2) The Council shall consist of —
(i) The following ex officio members:—
(a) The Minister-in-charge of libraries, who shall be the Chairman;
(b) The Secretary, Education;
(c) The Secretary, Finance;
(d) The Chairman or President, State Library Association;
2[(e) the State Library Officer who will be the Member Secretary of the Council;]
(f) Director, Directorate of Historical Archives and Archaeology;
(g) Librarian, Goa University;
3[(h) Director of School Education;
(i) State Librarian.]
(ii) Two Members of the State Legislative Assembly interested in library
development to be elected by the Legislative Assembly of Goa;
(iii) One Member who is expert in Library Science to be nominated by the
Chairman of the Council;
(iv) One Member of the voluntary organisation involved in the L ibrary on
literature;
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(3) The Council shall advise the Government on all matters mentioned under section
3 and also in regard to promotion and development of library service in the State.
(4) The Council shall advise the State Library Development Cell in all technical
matters relating to the Library, development and organisation.
(5) The Council shall meet at least twice in a year, but not more than six months shall
intervene between two meetings.
(6) A nominated member of the Council shall hold office for the period of four years.
(7) When any members dies, resigns, becomes incapable of acting as a member except
the member referred to in item (ii) of sub -section (2) of section 4 or its otherwise
removed, the Government may nominate any other person for the unexpired period of the
term of such member.
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(8) [Omitted]
5. State Library Development Cell. — (1) The Government shall constitute a State
Library Development Cell which shall be 5[a cell of the Directorate of School Education]
of the Government. The functions of the State Library Development Cell shall be as
follows:
(a) to prepare the annual as well as short or long term plan for libraries in the State
in co -operation with the development and other concerned departments of the
Government and of the Central Government;
(b) to prepare and publish descriptive and statistical reports on the working of all
the Public Libraries;
(c) to arrange or to secure training of various categories of library employees;
(d) to conduct inspection of and render advisory service to the district talukas and
other libraries in the State;
(e) to administer the system of grant -in-aid to the aided libraries, and to undertake
their inspection.
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[(2) The Head of State Library Development Cell (hereinafter called the “State
Library Officer), shall be a person appointed by the Government as per the recruitment
rules to be notified by the Government for the said post.]
(3) The 7[State Library Officer] shall perform the following duties:—
(a) he shall participate in all meetings of the Council and the Committees which
may be set up by the Council;
(b) he shall be responsible for carrying out such of the recommendations of the
Council as have been approved by the Government.
(c) he shall perform such other duties as may be prescribed in the regulations made
by the Council.
(d) subject to any rules made by the Government State Library Development Cell:
(i) shall be responsible for implementing the programme of work for the year as
approved by the Council;
(ii) shall administer the Grant-in-aid scheme for aided libraries;
(iii) shall decide where district and other Libraries in the State are to be set up
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and approve the constitution and bye-laws of a Public Library;
(iv) may absorb an aided library into the Public Library of the State.
6. State Library. — The Government shall by an order establish a State Library
located in the State.
7. Book Stock of the State Library. — (1) The stock of books in the State Library
shall consist of books obtained through any legislation, for the time being in force
providing for compulsory acquisition of two copies of books of every author published in
the State, books acquired otherwise by purchase, exchange, gifts and bequests and its
own publications.
(2) Materials in the State Library may also include films, filmstrips, slides, tapes and
gramophone records, maps, charts, bulletins, photos, pictures, compact disc.
8. Certain volumes to be delivered to State Librarian/Curator. — (1) The Head of
a Department in the Government shall deliver to the State Library all books in his office
no longer needed there, but which in the opinion of the State Librarian/Curator will be of
use in the State Library.
(2) All books and other materials which have to be purchased by the State
Librarian/Curator shall only be purchased on the advice of Book Selection Committee to
be constituted by the Council.
9. Department of State Library .— (1) The State Library shall have at least two
sections, viz. State Reference Library Section and the State Lending Library Section.
(2) The functions of the State Reference Library Section shall be as follows:—
(a) to maintain a representative collection of reference books and publications such
as those mentioned in clause (b) of sub-section (2) of section 3;
(b) to procure and maintain in a readily available manner all books, reports,
especially the reports of the House of Parliament and the State Legislative Assembly
and Central and State Governments report and publications together with their indices
as well as other reference materials needed for consultation;
(c) to maintain a catalogue of the important academic libraries in the State;
(d) to undertake bibliographical work, including special bibliographies for the use
of scholars and research workers and to prepare useful catalogues and bibliographies
in the regional languages;
(e) to offer, in co -operation with departmental and research libraries, book and
bibliographical service to institutions, groups and individuals engaged in higher
studies and research;
(f) to promote library services for children;
(g) to organize library conferences and book exhibitions;
(h) to provide technical assistance and information to the district and other
librarians in the State;
(i) to act as the centre of book exchange and inter-library lending within and outside
the State;
(j) to prepare and issue reports on the working of libraries, especially the public
libraries in the State;
(3) The State Reference Library shall not lend books for use outside the premises of
the library.
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(4) The functions of the State Lending Library Section shall be as follows:—
(a) to render home-lending service;
(b) to replenish from time to time the stocks of district libraries;
(c) to give book service to Cultural and Educational Institutions and Social Welfare
Organisation;
(d) to arrange book-exhibitions and book display on suitable occasions;
(e) to publicise its book-stock and to arrange for extension service;
(f) to publish library reports and literature.
10. Officer in charge of the State Library. — 8[The Officer-in-charge of the State
Library (hereinafter called the “State Librarian”) shall]:—
(a) be responsible for the management of all the departments of the State Library;
(b) to maintain the stock of books and conduct all approved activities of the State
Library;
(c) advise the Council on all technical matters;
(d) submit to the Council a report on the working of the Library during the previous
financial year, which report shall also include the detailed statement of receipt and
expenditure on account of State Library;
(2) The State Librarian shall be assisted by professional, technical and general staff
running the State Library;
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[(3) The State Librarian shall be a person appointed by the Government as per
recruitment rules to be notified by the Government for the said post.]
11. The District Library. — (1) There shall be a District Library in each District
rendering book service to the residents of a District.
(2) In additio n to the District Library under sub -section (1), there shall also be the
following types of Libraries, namely:—
(a) Municipal Library,
(b) Taluka Library and
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[(c) Panchayat Library.]
12. Functions of a District Library.— The functions of a District Library shall be as
follows:—
(a) to provide reference and bibliographical service in the district;
(b) to extend library service in the urban and rural areas by setting up taluka branch
libraries, mobile libraries and deposit centres and to extend similar service in the
district through the various taluka libraries and other library units;
(c) to feed taluka libraries with supply of suitable books;
(d) to co-operate with and help the aided libraries in the district in accordance with
the instructions of the 11[State Library Officer];
(e) to co-operate with other institutions and groups especially the social, educational
institutions and workers, in promoting adult education and library mindedness among
the people;
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(f) to arrange conferences, camps and seminars of librarians and other library
workers in the district.
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[(13) omitted
(14) omitted
(15) omitted
(16) omitted]
17. Library Fund.— (1) The Government shall constitute a fund called Library Fund.
(2) The Library Fund shall consist of:-
(a) Contribution made by the Government;
(b) Any grants given by the Government of India to the State Government for
Development of Public Library;
(c) Any special grants given by the Government;
(d) Any contribution of gifts made by the public for the development of Public
Libraries.
18. Library Cess.— 13[(1) The Government shall, by notification i n the Official
Gazette, levy a library cess, at such rate as may be specified therein, in the form
of a surcharge on the excise duty or other duties or any fees payable on Indian
made foreign liquor, foreign liquor, beer and/or wine under the Goa Excise Du ty
Act, 1964 (Act 5 of 1964). ]
(2) The cess levied under sub-section (1) shall be collected to utilise for the purpose of
implementation of this Act by the Government.
19. Public Library Finance. — The Government shall frame the annual budget of
Public Libraries in the State within the broad frame work of the plan, and shall provide
one per cent of the Education Budget for promoting the service of Public Libraries in the
State.
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(20). [omitted]
21. State Library Association. — (1) Council shall recognise only one State Library
Association as Co -operating Institution, the constitution of which shall be approved by
the Council.
22. Power to make Rules. — (1) Government may by notification make rules for
carrying out the purpose of this Act.
(2) Every rule made under this section shall be laid down as soon as may be after it is
made before the House of the State Legislature while it is in session for a total period of
ten days which may be comprised in one session or in two or more successive sessions,
and if, before the ex piry of the session in which it is so laid or the successive sessions
aforesaid, the House agrees in making any modification in the rules or the House agrees
that the rules should be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so however, that any such modification or
amendment shall be without prejudice to the validity of anything previously done under
this rule.
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Secretariat Annexe,
Panaji.
Dated: 3-8-1995.
B. S. SUBBANNA,
Secretary to the Government of Goa,
Law Department (Legal Affairs).
GOVERNMENT OF GOA
Department of Law &
Judiciary Legal Affairs
Division
Notification
7/21/2013-
LA
The Goa Public Libraries (Amendment and Validation) Act, 2013 (Goa Act 21
of 2013), which has been passed by the Legislative Assembly of Goa on 15 -10-
2013 and assented to by the Governor of Goa on 28 -10-2013, is hereby published
for general information of the public.
Sharad G.
Marathe, Joint
Secretary (Law).
Porvorim,
31st October, 2013.
The Goa Public Libraries (Amendment and Validation) Act,
2013 (Goa Act 21 of 2013) [28-10-2013]
AN
AC
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T
further to amend the Goa Public Libraries Act, 1993 (Goa Act No. 14 of 1995)
and to validate the levy and collection of library cess.
BE it enacted by the Legislative Assembly of Goa in the Sixty -fourth Year of
the Republic of India as follows:—
1. Short title and commencement. — (1) This Act may be called the Goa
Public Libraries (Amendment and Validation) Act, 2013.
(2) It shall be deemed to have come into force on the 28th day of July, 2009.
2. Amendment of section 18 of Goa Act No. 14 of 1995. — In section 18 of
the Goa Public Libraries Act, 1993 (Goa Act No. 14 of 1995) (hereinafter referred
to as the “principal Act”), for sub -section (1), the following sub -section shall be
substituted, namely:—
“(1) The Government shall, by notification in the Official Gazette, levy a
library cess, at such rate as may be specified therein, in the form of a surcharge on
the excise duty or other duties or any fees payable on Indian made foreign liquor,
foreign liquor, beer and/or wine under the Goa Excise Duty Act, 1964 (Act 5 of
1964).”.
3. Validation.— (1) Notwithstanding anything contained in any judgment,
decree or order of any Court, Tribunal or other authority to the contrary,—
(a) the Government Notification No. 1/1/ /2008 -Fin (R&C) dated 28 -07-2009,
published in the Official Gazette, Extraordinary No. 2, Series I No. 17 dated 29 -
07-2009;
(b) the Government Notification No. 1/ /3/2011 -Fin (R&C)/Part dated 09 -12-
2011, published in the Official Gazette, Extraordinary, Series I No. 36 dated 09 -
12-2011;
(c) any library cess levied or collected or purported to have been levied or
collected under the said notifications; and
(d) any action taken or thing done in relation to such levy or collection under
the provisions of the principal Act, shall, for all purposes, be deemed to be and to
have always been validly issued or levied or collected or taken or done, as the
case may be, in accordance with the provisions of section 18 of the principal Act
as amended by this Act, and accordingly,—
(i) no suit or other proceeding shall lie or be maintained or continued in any
Court or before any Tribunal, officer or other authority, for t he refund of any
library cess so paid;
(ii) no Court, Tribunal, officer or other authority shall enforce any decree or
order directing the refund of any library cess so collected;
(iii) any library cess levied or purported to have been levied but not collected,
may be recovered under the principal Act as amended by this Act; and
(iv) anything done or any action taken or purported to have been done or taken,
under or for the purposes of the principal Act and/or under the said notifications,
shall be deemed to have been vali dly done or taken in accordance with law as if
the provisions of section 18 of the principal Act, as amended by this Act, had
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been in force at all material times.
(2) For the removal of doubts, it is hereby declared that nothing in sub-section
(1) shall be construed as preventing a person,—
(a) from questioning in accordance with the provisions of the principal Act, as
amended by this Act, or the said notifications, the levy or collection of library
cess referred to in sub-section (1); or
(b) from claiming refund of any library cess paid by him in excess of the
amount due from him under the principal Act, as amended by this Act, or the said
notifications.
4. Repeal and saving. — (1) The Goa Public Libraries (Amendment and
Validation) Ordinance, 2013 (Ordinance No. 2 of 2013) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
principal Act, as amended by the said Ordinance, shall be deemed to have been
done or taken under the principal Act, as amended by this Act.
Secretariat,
Porvorim-Goa,
Dated: 31-10-2013.
PRAMOD V. KAMAT,
Secretary to the Govt. of Goa,
Law Department (Legal Affairs).
___________________________________________________________________________________
1. Substituted by Amendment Act 14 of 1997.
2. Substituted by Amendment Act 14 of 1997.
3. Clauses (h) and (i) have been inserted by Amendment Act 14 of 1997.
4. Sub-section (8) omitted by Amendment Act 14 of 1997.
5. Substituted by Amendment Act 14 of 1997.
6. Sub-section (2) has been substituted by Amendment Act 14 of 1997.
7. Substituted by Amendment Act 14 of 1997.
8. Substituted by Amendment Act 14 of 1997
9. Sub-section (3) added by Amendment Act 14 of 1997.
10. Clause (c) has been substituted by Amendment Act 14 of 1997.
11. Substituted by Amendment Act 14 of 1997.
12. Sections 13, 14, 15, 16 and 20 are omitted vide Amendment Act (14 of 1997).
13. Substituted vide Amendment and Validation Act 2013. Original sub-section read as follows: - (1) The
Government shall levy a library cess in the form of a surcharge on the Excise Duty payable under Goa
Excise Duty Act, 1964 at the rate of 0.50 (paise fifty only) per proof liter of the (I.M.F.L.) Indian made
Foreign Liquor and at the rate of Rs. 0.50 (paise fifty only) per bulk liter of beer.”
14. Section 20 stands omitted by Amendment Act (14 of 1997).