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The Haryana Public Libraries Act, 1989 (20 of 1989)

Haryana · state statute
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121
THE  HARYANA  PUBLIC  LIBRARIES  ACT,  1989
(HARYANA  ACT  NO. 20 OF 1989)
Table of Contents
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of Library Service.
4. Constitution and Establishment of Authority
5. Standing Advisory Committee.
6. State Library Directorate.
7. State Central Library.
8. Book stock of the State Central Library.
9. Mode of book acquisition.
10. Departments of State Central Library.
11. State Librarian.
12. The District Library.
13. Functions of a District Library.
14. District Library Committee.
15. City and Town Library Committees.
16. Block Library Committee.
17. Panchayat Library Committee.
18. Employees of the Public Library.
19. Public Library Fund.
20. Library Cess.
21. Power of Committees to borrow.
22. Framing of rules and regulations.
23. State Library association.
24. Power to make rules.
1989: Hr. Act 20] PUBLIC LIBRARIES
122
123
1THE HARYANA PUBLIC LIBRARIES ACT, 1989
(HARYANA ACT NO. 20 OF 1989)
(Received the assent of the Governor of Haryana on the 16th October,
1989 and was first published in the Haryana Government Gazette (Extraordinary),
Legislative Supplement Part 1 of the 8th November, 1989)
12 3 4
Y e a r No. Short title    Whether repealed or otherwise
affected by Legislation
1989 20 The Haryana Public    —
Libraries Act, 1989
AN
ACT
to provide for the establishment, maintenance and development of Public
Libraries in the State of Haryana and for matters anc illary thereto.
Be it enacted by the Legislature of the State of Haryana in the Fortieth Year
of the Republic of India as follows:—
1. (1) This Act may be called the Haryana Public Libraries Act, 1989.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government
may, by notification, in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “Authority” means the State Library Authority constituted under
sub-section (1) of section 4;
(b) “book” includes—
(i) every volume, part or division of a volume, be it a printed
work or a manuscript or a micro-film or a video/audio cassette
or a photograph;
(ii) every sheet of music, map, chart or plan separately printed
or lithographed;
(iii) newspapers, periodicals and other such materials;
(c) “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;
1989 : Hr. Act 20] PUBLIC LIBRARIES
Short title, extent
and
commencement.
Definitions.
1 For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 11th  September, 1989 Page 1755.
124
(d) “Departmental Library” means a library maintained by a
Department of the State Government;
(e) “Public Library” means a library, which permits members of the
public to use it for reference or borrowing without charging fee
or subscription;
(f) “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 his purpose;
(g) “State” means the State of Haryana;
(h) “Subscription Library” means a library run on the subscription of
its members;
(i) “Year” means the financial year.
3. (1) The State Government shall establish, maintain and develop
Library service in the State.
(2) For carrying out the purposes of sub-section (1), the State
Government may,—
(a) acquire for its Public Library sufficient number of books;
(b) offer in its Public Library an adequate book and reference
service;
(c) promote reading habit and the use of books for the benefit of
the people;
(d) establish and sponsor organisations and institutions with a
view to promote public interest and participation in the
Public Library;
(e) give 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.
Establishment of
Library service.
[1989 : Hr. Act 20PUBLIC LIBRARIES
125
(3) The State Government shall discharge its functions and
responsibilities under this section through—
(a) the State Library Authority;
(b) the State Public Library; and
(c) the Co-operating Institutions.
4. (1) With effect from such date as the State Government may, by
notification, specify in this behalf, the State Government shall establish, for the
purpose of this Act, an authority to be known as State Library Authority, with
headquarters at such place as the State Government may specify.
(2) The Authority shall consist of-
(i) The following ex-officio members:—
(a) the Minister-in charge of libraries who shall be the
Chairman;
(b) the Secretary, Libraries Department;
(c) Secretary, Education;
(d) Secretary, Finance;
(e) Secretary, Culture;
(f) Secretary, Local Bodies;
(g) Secretary, Social Welfare;
(h) the Secretary, State Development and Panchayat
Department;
(i) the Director of Public Relations;
(j) the Librarian of the Civil Secretariat, Haryana;
(k) the State Librarian;
(l) the Vice-Chancellors of all Universities in the State;
(m) the Chairman or President, State Library Association;
(n) Director Libraries, who shall be the Secretary;
(ii) a member of the State Legislative Assembly interested in
library development to be nominated by the State
Government;
(iii) not more than four non-official members having special
knowledge of libraries to be nominated by the Chairman of
the Authority.
Constitution and
Establishment of
Authority.
1989 : Hr. Act 20] PUBLIC LIBRARIES
126
(3) The Authority shall advise the State Government on all matters
mentioned under section 3 and also in regard to promotion and development of
library service in the State.
(4) The Authority shall meet at least once in a year.
(5) A nominated member of the Authority shall hold office during
the pleasure of State Government; provided that his term of office shall not exceed
four years from the date of his nomination.
(6) Whenever any member dies, resigns, becomes incapable of acting
as a member or is otherwise removed, the State Government may nominate other
member for the un-expired period of the term of such member.
(7) The Authority shall frame regulations for transacting its business
and for matters in respect of which regulations are to be framed by it under this Act
and may appoint committees.
  5. (1) Within a month of the constitution of the Authority, an eleven
member Standing Advisory Committee shall be constituted of which eight members
will be nominated by the Chairman of the Authority from amongst the members of
the Authority and the Secretary, Department of Libraries, the Director, State Library
Directorate and the State Librarian shall be ex-officio members.
(2) The Chairman of the Authority shall nominate any member of the
Standing Advisory Committee to be its Chairman and the Secretary of the Authority
shall also be the Secretary of the Standing Advisory Committee.
(3) A member of the Standing Advisory Committee shall cease to
hold office when he ceases to be a member of the Authority.
(4) The functions of the Standing Advisory Committee shall be—
(i) to advise the State Library Directorate in all technical matters
relating to library development and organisation;
(ii) to make recommendations to the Authority on matters relating
to the promotion and development of library service in the
State.
6. (1) The State Government shall constitute a State Library Directorate
which shall be a department of the Government. The functions of the State Library
Directorate shall be as follows:—
(a) to prepare the annual as well as short or long term plans for
libraries in the State in co-operation with the development
and other concerned departments of the State Government
and of the Central Government;
(b) to prepare and publish descriptive and statistical reports on
the working of all the Public Libraries;
Standing Advisory
Committee.
State Library
Directorate.
[1989 : Hr. Act 20PUBLIC LIBRARIES
127
(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, block and other libraries in the State;
(e) to administer the system of grant-in-aid to the subscriptive
libraries, and to undertake their inspection;
(f) to fix the boundaries of the operation of district libraries in
the districts.
(2) The Director of the State Library Directorate (hereinafter called
the Director) shall be appointed by the State Government and will have the rank of
the Head of a department.
(3) The State Library Directorate shall have staff with adequate
qualifications and training.
(4) The Director shall perform the following duties:—
(a) he shall participate in all meetings of the Authority and the
committees which may be set up by the Authority;
(b) he shall be responsible for carrying out such of the
recommendations of the Authority as have been approved
by the State Government;
(c) he shall perform such other duties as may be prescribed in
the regulations made by the Authority;
(d) subject to any rules made by the State Government, the
Director—
(i) shall be responsible for implementing the programme of
work for the year as approved by the Authority;
(ii) shall administer the grant-in-aid to subscription
libraries;
(iii) may absorb a subscription library into the Public
Library of the State;
(iv) shall decide where district and other libraries in the
State are to be set up and approve the constitution and
bye-laws of a Public Library.
7. The State Government shall by an order establish a State Central
Library located in the State.
8. (1) The stock of books in the State Central Library shall consist of
books acquired through any legislation for the time being in force providing for
compulsory acquisition of books published in the State, books acquired otherwise
by purchase, exchange, gifts and bequests and its own publications.
State Central
Library.
Book stock of the
State Central
Library.
1989 : Hr. Act 20] PUBLIC LIBRARIES
128
(2) Materials in the State Central Library may also include films,
filmstrips, slides, tape and gramophone records, maps, charts, bulletins, photos,
pictures.
9. (1) The Secretary, State Legislative Assembly shall deliver to the
State Librarian bound volumes of all debates and proceedings of the Legislative
Assembly.
(2) The Head of a department in the State Government shall deliver to
the State Central Library all books in his office no longer needed there, but which
in the opinion of the State Librarian will be of use in the State Central Library.
(3) All books and other materials which have to be purchased by the
State Librarians shall only be purchased on the advice of a Book Selection Committee
to be constituted by the Authority.
10. (1) The State Central 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 Houses of Parliament
and the State Legislative Assembly and Central and State
Government reports together with their indexes 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
bibliographic 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 service for children;
(g) to organise library conferences and book exhibitions;
(h) to provide technical assistance and information to the district
and other librarians in the State;
Mode of book
acquisition.
Departments of
State Central
Library.
[1989 : Hr. Act 20PUBLIC LIBRARIES
129
(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.
(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 displays on suitable
occasions;
(e) to publicise its book-stock;
(f) to publish library reports and literature.
11. (1) The Officer-in-charge of the State Central Library shall be known
as the State Librarian.
(2) The State Librarian shall be appointed by the State Government.
(3) The State Librarian shall—
(a) be responsible for the management of all the departments of
the State Central Library;
(b) maintain the stock of books and conduct all approved
activities of the State Central Library;
(c) advise the Authority on all technical matters;
(d) submit to the Director, a report on the working of the library
during the previous financial year, which report shall also
include the detailed statement of receipts and expenditure
on account of the State Central Library.
(4) The State Librarian shall be subordinate to the Director.
(5) The State Liberian shall be assisted by technical and general staff
in running the State Central Library.
12. (1) There shall be a District Library in each district rendering book
service to the resident of district.
State Librarian.
The District
Library.
1989 : Hr. Act 20] PUBLIC LIBRARIES
130
(2) In addition to the District Library under sub-section (1), there
shall also be the following types of libraries, namely:—
(a) Municipal/City/Town Library;
(b) Block Library;
(c) Village Library; and
(d) smaller book deposit centres.
13. The functions of a District Library shall be as follows:—
(a) to provide reference and bibliographical service in the district;
(b) to give special reference service to the members of the Municipal
Committee/Corporation of the town/city in which it is situated;
(c) to give special service to student groups, study circles and other
educational groups;
(d) to extend library service in the urban and rural areas by setting up
branch libraries, mobile libraries and deposit centres and to extend
similar service in the district through the various block libraries
and other library units;
(e) to feed block libraries with supply of suitable books;
(f) to co-operate with and help the subscription libraries in the district
in accordance with the instructions of the Director;
(g) to co-operate with other institutions and groups, especially the
social educational institutions and workers, in promoting library
mindedness among the people;
(h) to arrange conferences, camps and seminars of librarians and
other library workers in the district.
14. (1) There shall be a district library committee for each District Library
in the State which shall be constituted in accordance with such regulations as may
be framed by the Authority.
(2) The District Library Committee shall, subject to the approval of
the Authority, frame its rules of business and procedure for carrying out the
functions of the District library.
(3) The functions of a District Library Committee shall be as follows:—
(a) to supervise the work of the District Library and the various
library units;
(b) to start branch libraries;
(c) to take all necessary steps to develop public library service
in the district;
Functions of a
District Library.
District Library
Committee.
[1989 : Hr. Act 20PUBLIC LIBRARIES
131
(d) to employ, in accordance with the regulations framed by
the Authority, staff for the District Library;
(e) to make provisions for purchase of books, films, filmstrips,
records, furniture, equipment and book-mobile for the
District Library;
(f) to acquire, purchase or hire land or other properties and
effects, and build, alter, repair and extend buildings and fit
up and furnish the same with requisite furniture fittings and
conveniences;
(g) to accept any endowment, bequest or gift for the purpose of
promotion and development of library service as envisaged
in this Act;
(h) to organize or participate in conferences and exhibitions
relating to libraries and spend such sum as may be reasonable
in connection with such conferences and exhibitions, and
depute any person or persons to attend any such conference
or exhibition;
(i) to provide accommodation for lectures and other cultural
and educational activities in the premises of libraries in the
District Library;
(j) to administer the District Library fund;
(k) to arrange library timings, provided that the number of hours
of daily service to the public shall not be less than the
minimum laid down by the Authority;
(l) to extend library service in its area by setting up branch
libraries, travelling libraries, deposit centers and book service
by mail.
(4) If any question arises whether a particular matter is or is not
within the purview or power of district or any other library committee, the decision
of the Authority thereon shall be final.
(5) The District Library Committee shall meet as often as the Chairman
thereof may decide to summon it, but preferably at least four times a year.
(6) The District Library Committee shall, by the name of the district
for which it is constituted, be a body corporate having perpetual succession and a
common seal with power to acquire, hold and dispose of property and to enter
into contract and may by the said name sue and be sued.
1989 : Hr. Act 20] PUBLIC LIBRARIES
132
15. (1) There shall be a City Library Committee for each city with a
population of over a lakh, and a Town Library Committee for a municipal town
with a population of not more than one lakh, constituted in accordance with such
rules as may be framed by the District Library Committee concerned.
(2) The functions of a City or Town Library Committee shall, so for
as may be, the same as those of the District Library Committee within its
jurisdiction.
(3) The City or Town Library Committee shall, subject to the
approval of the District Library Committee concerned frame its rules of business
and procedure.
16. (1) There shall be Block Library Committee for each Block Library
and its constitution and functions shall be such as may be laid down in rules
framed by the District Library Committee concerned.
(2) The Block Library Committee shall, subject to the approval of
the District Library Committee concerned frame its rules of business and procedure.
17. (1) There shall be a Panchayat Library Committee for each village
Library and its constitution and function shall be such as may be laid down in
rules framed by the District Library Committee concerned.
(2) The Panchayat Library Committee shall, subject to the approval
of the District Library Committee concerned, frame its rules of business and
procedure.
18. (1) The State Government shall cr eate cadres for Public Library
employees similar to those of the employees of Government Departments and lay
down the qualifications and the other terms and conditions of service for those
cadres.
(2) Within a year of its first constitution, the Authority shall frame
service rules for the various categories of library employees.
19. (1) There shall be three types of library funds in the State:—
(a) The State Library Fund.
(b) The District Library Fund.
(c) The City or Town or Block or Village Library Fund.
(2) There shall be credited into the State Library Fund—
(a) the amount provided by the State Government for
development, improvement and maintenance of library
service in the State;
(b) the contribution received from the Central Government;
(c) any special grant that the Central or a State Government
may make for any specific purposes:
City and Town
Library
Committees.
Block Library
Committee.
Panchayat
Library
Committee.
Employees of the
Public Library.
Public Library
Fund.
[1989 : Hr. Act 20PUBLIC LIBRARIES
133
(d) the amount received under the library rules of the State
Central Library;
(e) any amount received as gift, contribution or endowment for
the development of Public Libraries in the State.
(3) There shall be credited into a District Library Fund—
(a) the amount transferred to it from the State Library Fund, the
State contribution to the District Library Fund being in no
case less than the total amount of library cess collected in
the district;
(b) any special grant that the Authority may make to the District
Library Committee for any specific purpose;
(c) the amount collected under the rules of the District Library;
(d) any amount received as gift, contribution or endowment for
the development of libraries in the district;
(e) any loan that the District Library Committee may raise.
(4) There shall be credited into a City, Town, Block or village Library
fund –
(a) the amount raised as library cess within the limits of the
city, town, block or village;
(b) any special grant that the District Library Committee may
make for any purpose;
(c) the amount collected under the Town or Block Library rules;
(d) any amount received as gift, contribution or endowment for
the development  of libraries in the city, town, block or
village;
(e) any loan that a city Library Committee may raise.
20. Every local  body in a district may levy in its area a library cess in the
form of a surcharge on property tax and house tax at such rate as the Government
may decide from time to time.
21. (1) A Block, Town or a Village Library Committee may borrow
money on the security of its Library Fund for purchasing land, building, furniture
and fixtures to be used for library purposes with the approval of the District
Library Committee, who shall also approve the amount to be so borrowed, which
amount shall not exceed five times the amount of library cess accruing annually
to it.
(2) A District or City Library Committee may similarly borrow money
for the same purpose with the approval of the Authority who shall also approve
the amount to be borrowed in any particular case within the same limit.
Library Cess.
Power of
Committees to
borrow.
1989 : Hr. Act 20] PUBLIC LIBRARIES
134
22. The Authority shall prepare model bye-laws, rules and regulations
regarding the administration of library service in the State .
23. The Authority shall recognize only one State Library association as
Co-operating Institution, the constitution of which shall be approved by the
Authority.
24. (1) The State Government may, by notification, make rules for
carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid 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 expiry of the session in which it is so
laid or the successive sessions afores aid, the House agrees in making any
modification in the rules or the House agrees that the rule should not 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 annulment shall be
without prejudice to the validity of anything previously done under that rule.
Framing of rules
and regulations.
State Library
association.
Power to make
rules.
[1989 : Hr. Act 20PUBLIC LIBRARIES

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