LexThe KARNATAKA PUBLIC LIBRARIES ACT, 1965
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE KARNATAKA PUBLIC LIBRARIES ACT, 1965
ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
THE KARNATAKA STATE LIBRARY AUTHORITY
3. Constitution and composition of the State Library Authority.
4. Functions of the State Library Authority.
5. Nomination of members in default of election.
6. Term of Office.
7. Vacancies.
8. Disabilities for continuing as member.
9. Disqualifications.
10. Meetings of the State Library Authority.
11. Procedure of State Library Authority.
CHAPTER III
DEPARTMENT OF PUBLIC LIBRARIES
12. Department of Public Libraries.
13. Functions of the Department.
14. Director of Public Libraries.
15. State Library Service.
CHAPTER IV
LOCAL LIBRARY AUTHORITIES
16. Constitution of Local Library Authorities.
17. Composition of City Library Authorities.
18. Composition of District Library Authorities.
19. Nomination of members in default of election.
20. Term of Office.
21. Vacancies.
22. Disabilities for continuing as a member.
23. Disqualifications.
24. Meetings of the Local Library Authorities.
25. Powers and duties of Chairman and Vice-Chairman.
26. Powers and functions of Local Library Authorities.
27. Library Development Plan.
28. Local Library Authority to appoint committees.
29. Advisory Library Committees.
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CHAPTER V
FINANCE AND ACCOUNTS
30. Library Cess.
31. Government grant to District Library Authority of a portion of land revenue.
32. City and District Library Funds.
33. State Library Fund.
34. Accounts.
CHAPTER VI
STATE CENTRAL LIBRARY
35. Vesting of Bangalore Public Library in the State Library Authority.
36. Karnataka State Central Library.
37. Sections of State Central Library.
CHAPTER VII
REPORTS, RETURNS AND INSPECTION
38. Reports and returns.
39. Inspection of Libraries.
40. Annual Report.
CHAPTER VIII
MISCELLANEOUS
41. Power to make rules.
42. Power of State Library Authority and Local Library Authorities to make bye-laws.
43. Offences and penalties.
44. Control of Local Library Authority by Government.
45. Liability of members for loss, waste or misapplication.
46. Members and employees of Library Authorities to be public servants.
47. Savings of validity of acts and proceedings.
48. Provisions relating to suits, etc.
49. Power to remove difficulties.
50. Transfer of certain libraries.
51. Amendment of the Press and Registration of Books Act, 1867 in its
application to the State of Karnataka.
52. Repeal and savings.
STATEMENTS OF OBJECTS AND REASONS
I
Act 10 of 1965.- The Madras Public Libraries Act, 1948, is in force in the Madras
Areas and in Bellary District. The Hyderabad Public Libraries Act, is in force in the
Hyderabad Area. There are no corresponding enactments in the other areas in the
State. Government in their order No. ED 52 TEL 61, dated the 11 the September
1961 constituted a committee for drafting a Bill on public libraries with Dr. S.R.
Ranganathan as Chairman. The Committee submitted its Report on 16th February
1963. The present Bill is based on the draft bill prepared by the Committee. This Bill
is intended to bring about uniformity in the law relating to public libraries and enable
the establishment and maintenance of a system of public libraries, and for the
comprehensive development and organisation of city, rural, and other classes of
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library service in the State. The Bill provides, among the other things, for the
following, namely.-
(1) constitution of the Mysore State Library Authority;
(2) establishment of a Department of Public Libraries;
(3) constitution of local library authorities in the Cities and in the Districts;
(4) levy of Library cess;
(5) creation of a State Central Library by vesting the Bangalore Public Library in
the State Central Library Authority.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV - 2A No. 135 dated 9-
6-1964 at page 33.)
II
Amending Act 45 of 1976.- At present the Minister incharge of Education will be
the Ex-Officio President of the State Library Authority, it may so happen that the
Minister for Education may not be incharge of Public Libraries. It is therefore
considered necessary to make the Minister incharge of Public Libraries the Ex-Officio
President of the State Library Authority.
The Library cess is collected by the local authorities. It is proposed to give ten per
cent of the cess collected to the local authorities concerned towards costs of
collection.
Opportunity has been taken to incorporate the new designation of the District
Educational Officer and to omit the reference to Bangalore District (Rural) and
Bangalore District (Urban) which are no longer in existance.
(Obtained from L.A. Bill No. 6 of 1976)
III
Amending Act 30 of 1984.- In the State of Karnataka the Head of the Department
of Libraries is designated as "State Librarian". It is considered necessary to
redesignate the said post, as Director of Public Libraries. In the neighbouring States
of Andhra Pradesh, Tamil Nadu and Maharashtra, also the Head of the Department
of Libraries is called as Director of Public Libraries. The Karnataka Public Libraries
Act, 1965 (Karnataka Act No. 10 of 1965), is proposed to be amended for the above
mentioned purpose.
(Obtained from L.A. Bill No. 2 of 1984. File No. LAW 28 LGN 1983.)
IV
Amending Act 31 of 1998.- The State Government grants annualy to every
District Library Authority an amount equal to 3% of the Land Revenue Collection of
the district. To improve infrastructure of the libraries in the district, Government has
decided to grant annualy 6% instead of 3%. Therefore, it is considered necessary to
amend the Karnataka Public Libraries Act.
As the matter was urgent and the Karnataka Legislative Council was not in
session the Karnataka Public Libraries (Amendment) Ordinance, 1998 (Karnataka
Ordinance 7 of 1998) was promulgated.
Hence this Bill.
(Obtained from L.C. Bill No. 6 of 1998.)
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1[KARNATAKA]1 ACT NO. 10 OF 1965.
(First published in the 1[Karnataka Gazette]1 on the Thirteenth day of May, 1965).
THE 1[KARNATAKA]1 PUBLIC LIBRARIES ACT, 1965.
(Received the assent of the President on the Twenty-second day of April, 1965).
(As Amended by Acts 45 of 1976, 30 of 1984 and 31 of 1998)
An Act to provide for the establishment and maintenance of public libraries and
the organisation of a comprehensive rural and urban library service in the 1[State of
Karnataka]1
W HEREAS it is expedient to provide for the establishment and maintenance of
public libraries and the organisation of a comprehensive rural and urban library
service in the 1[State of Karnataka]1 and for matters connected therewith;
B E it enacted by the 1[Karnataka State]1 Legislature in the Sixteenth Year of the
Republic of India as follows:-
1. Adapted by the Karnataka A daptations of Laws Order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the
1[Karnataka]1 Public Libraries Act, 1965.
1. Adapted by the karnataka Adapt ations of Laws Order 1973 w.e.f. 1.11.1973
(2) It extends to the whole of the 1[State of Karnataka]1
1. Adapted by the karnataka Adaptat ions of Laws Order 1973 w.e.f. 1.11.1973
(3) It shall come into force on such 1 [date]1 as the State Government may, by
notification, appoint.
1. Act came into force w.e.f. 1.4.1966 vide Notification No. ED 23 SLS 66 dt. 28.3.1966
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) 'academic library' means a library maintained by a university, college, school
or research institution;
(2) 'aided library' means a library declared by the 1[Director of Public Libraries] 1
to be eligible for aid from the Government in accordance with the rules made under
this Act;
1. Substituted by Act 30 of 1984 w.e.f. 22.5.1984
(3) 'book' includes,-
(i)every volume,part or division of a volume, and pamphlet, in any language;
(ii)every sheet of music, map, chart or plan separately printed or lithographed:
(iii)newspapers, periodicals and other such materials;
(4) 'Chief Librarian' means the Librarian appointed to be in charge of a City
Central Library or a District Central Library and other Libraries and the library service
under the control of a City Library Authority or a District Library Authority, as the case
may be;
(5) 'City Library Authority' means a Library Authority constituted for a city or
other urban area under sections 16 and 17;
(6) 'State-owned Library' means a library maintained by a Department of the
State Government, the State Legislature, the High Court or any other court or any
authority of the State;
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(7) 'district' means a revenue district;
(8) 'District Library Authority' means a Library Authority constituted for a district
under sections 16 and 18;
(9) 'library cess' means a cess levied under section 30;
(10) 'Local Library Authority' means a City Library Authority or a District Library
Authority;
(11) 'notification' means a notification published in the official Gazette;
(12) 'outlier library' means any library other than a public library;
(13) 'prescribed' means prescribed by rules made under this Act;
(14) 'public library' means,-
(a)a library established or maintained by a Local Library Authority, including
the branches and delivery stations of such library;
(b)a library established or maintained by the State Government and declared
open to the public;
(c)a library established or maintained by any local authority and declared
open to the public;
(d)a library declared to be eligible for aid and receiving aid from the State
Government; and includes, any other library notified by the State
Government as a public library for the purposes of this Act;
(15) 'State Central Library' means the library declared to be the State Central
Library under Chapter VI;
(16) 1[Director of Public Libraries] 1 means the 1[Director of Public Libraries] 1
appointed under this Act;
1. Substituted by Act 30 of 1984 w.e.f. 22.5.1984
(17) 'State Library Authority' means the Authority constituted under section 3;
(18) 'year' means the financial year.
CHAPTER II
THE 1[KARNATAKA STATE LIBRARY AUTHORITY]1
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
3. Constitution and composition of the State Library Authority. - (1) As soon
as may be after the commencement of this Act, the State Government shall, by
notification, constitute for the purposes of this Act, an authority to be called the State
Library Authority. Such authority shall be a body corporate having perpetual
succession and a common seal with power, subject to the provisions of this Act, to
acquire, hold and dispose of property, and to contract, and may by the same name
sue and be sued.
(2) The State Library Authority shall consist of,-
(a) 1[the Minister in charge of Public Libraries] 1 who shall ex-officio
be the President of the Authority;
1. Substituted by the Act 45 of 1976 w.e.f. 5.6.1976
(b) four persons elected by the 1[Karnataka Legislative Assembly] 1 from
among its members;
(c) two persons elected by the 1[Karnataka Legislative Council] 1 from
among its members;
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(d) one person elected by the Syndicate of each of the Universities
in the State from among the members of the Syndicate;
1. Adaptation of the Ka rnataka Laws Order 1973 w.e.f. 1.11.1973
Explanation.- For purposes of this clause, in respect of the University of
Agricultural Sciences, "Syndicate" means the Board of Regents.
(e) one person elected by the Executive Committee of the 1[Karnataka
Library Association]1 from among the members of the Association;
1. Adaptation of the Karnataka Laws Order 1973 w.e.f. 1.11.1973
(f) one person elected by the City Library Authority of the City of
Bangalore from among its members;
(g)one person elected by the City Library Authority of one of the
cities in the State other than the City of Bangalore for which a City Library
Authority is established, from among the members of such Authority,
subject to the condition that such election shall be made by each City
Library Authority for one term in such order or rotation as the State
Government may by order determine;
(h)one person elected by the District Library Authority of one of the Districts
in each Revenue Division of the State from among
the members of such Authority, subject to the condition that such election
shall be made by each District Library Authority in every Revenue Division
for one term in such order of rotation as the State Government may by
order determine;
(i) the Secretary to the Government, Education Department;
(j) the 1[Director of Public Instruction in Karnataka]1 ;
(k)three persons nominated by the State Government who in the opinion of
the State Government are experts in library science:
1. Adaptation of the Ka rnataka Laws Order 1973 w.e.f. 1.11.1973
Provided that at the first constitution of the Authority for purposes of clauses (f), (g)
and (h), six persons ordinarily resident in the cities and districts of the Revenue
Divisions for which the Library Authorities may be established, shall be nominated by
the State Government.
(3) The 1[Director of Public Libraries]1 shall ex-officio be the Secretary of the State
Library Authority.
1. Substituted by Act 30 of 1984 w.e.f. 22.5.1984
4. Functions of the State Library Authority.- The State Library Authority shall
advise the State Government on all matters connected with the administration of this
Act, shall be the managing authority for the State Central Library, and shall exercise
and perform such powers and duties conferred and entrusted to the said Authority by
this Act, and such other powers and duties as may be prescribed.
5. Nomination of members in default of election.- If any of the bodies
referred to in sub-section (2) of section 3 does not, by such period as may be
prescribed, elect a person to be a member of the State Library Authority, the State
Government shall, by notification, nominate to the vacancy a person qualified for
election thereto; and the person so nominated shall be deemed to be a member of
the Authority as if he had been duly elected by the said body.
6. Term of office.- (1) Save as otherwise provided in this Act, the term of office
of members of the State Library Authority, other than ex-officio members, shall be for
7
a period of three years commencing from the date on which the first meeting of the
Authority is held after the election or nomination of the members under section 3.
(2) An outgoing member shall continue in office until the election or nomination of
his successor.
(3) An outgoing member shall be eligible for re-election or re-nomination.
7. Vacancies.- In the event of a vacancy arising out of death, resignation,
disability or otherwise, previous to the expiry of the term of office of any member of
the State Library Authority, the vacancy shall be filled by election or nomination, as
the case may be, of another person in the manner provided in sub-section (2) of
section 3, and any person elected or nominated to fill the vacancy shall hold office
only so long as the member in whose place he is elected or nominated would have
held office if the vacancy had not occurred.
8. Disabilities for continuing as member.- If any member other than an ex-
officio member of the State Library Authority, during the period for which he has
been nominated or elected,-
(a) absents himself without excuse sufficient in the opinion of the Authority, from
three consecutive meetings of the Authority; or
(b) in the case of a member elected by any body referred to in sub-section (2) of
section 3, ceases to be a member of the body concerned,
his office in the Authority shall become vacant.
9. Disqualifications.- A person shall be disqualified for being chosen as, and for
being, a member of the State Library Authority,-
(a) if he has been sentenced by a criminal court for an offence involving moral
turpitude and punishable with imprisonment fo r a term exceeding three months, such
sentence not having been subsequently reversed, quashed or remitted, unless he
has, by order, which the State Government is hereby empowered to make in this
behalf, been relieved from the disqualification arising on account of such sentence;
(b) if he is an undischarged insolvent;
(c) if he is of unsound mind and stands so declared by a competent court.
10. Meetings of the State Library Authority.- (1) The State Library Authority
shall meet at least twice a year on dates to be fixed by the President. One of such
meetings shall be the annual meetings.
(2) The President may also, whenever he thinks fit, convene a special meetings
of the Authority for the transaction of urgent business.
(3) Subject to prescribed conditions special meetings shall be convened by the
President to discuss matters of urgent importance upon a requisition by the members
of the Authority.
(4) Two-fifths of the total number of members of the Authority, shall be the
quorum for a meeting of the State Library Authority.
(5) The President, if present, shall preside at every meeting of the Authority. In
the absence of the President, the members present at the meeting shall choose one
from among themselves to preside.
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11. Procedure of State Library Authority.- The State Library Authority shall
transact business in such manner and in accordance with such procedure as may be
prescribed.
CHAPTER III
DEPARTMENT OF PUBLIC LIBRARIES
12. Department of Public Libraries.- For the purposes of this Act, a
Department of Public Libraries shall be constituted with a 1[Director of Public
Libraries]1 as its head and such other officers and servants as the Government may
by order specify.
1. Substituted by Act 30 of 1984 w.e.f. 22.5.1984
13. Functions of the Department.- (1) Subject to the control of the State
Government, the Department of Pubic Libraries shall be responsible for the
administration of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the
Department shall,-
(a) superintend and direct all matters relating to all public libraries;
(b) promote the establishment of public library service so as to achieve the
purposes of this Act;
(c) supervise and direct all matters relating to libraries receiving aid from the
State Government;
(d) maintain State Registers of Libraries and of Librarians;
(e) superintend, direct, and deal with the exercise of powers and
the performance of duties by Local Library Authorities under this Act;
(f) ensure the proper utilisation of the Library Funds and library man-power of
the State;
(g) perform such other functions as may be entrusted to the
Department by or under the provisions of this Act.
14. 1[Director of Public Libraries] 1.- (1) A whole-time officer having the
prescribed qualifications to practise the library profession shall be appointed by the
State Government as the1[Director of Public Libraries]1.
1. Substituted by Act 30 of 1984 w.e.f. 22.5.1984
(2) The 1[Director of Public Libraries]1 shall,-
(a) function as the Librarian of the State Central Library;
(b) superintendent, direct, and deal with all matters relating to the Press and
Registration of Books Act, 1867 (Central Act 25 of 1867) and to the
maintenance and service of the books sent under the said Act;
(c) control the appointments, postings, and transfers of officers and servants
in the State Library Service;
(d) generally assist the State Library Authority in performing its functions;
(e) exercise such other powers and performs such other duties as may be
conferred or imposed on him by or under this Act.
1. Substituted by Act 30 of 1984 w.e.f. 22.5.1984
15. State Library Service.- (1) Notwithstanding anything contained in any
other law, all posts in the Department of Pubic Libraries, the State Central Library
9
and every Local Library Authority shall be filled by appointment of persons belonging
to the 1[Karnataka State Library Service]1.
1. Adapted by the karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) The 1[Karnataka State Library Service]1 shall consist of the 2[Director of Public
Libraries]2, Chief Librarians of Cities and Districts, Librarians and such other classes
and categories of posts as the State Government may from time to time determine.
All members of the said service shall be Government servants, and their recruitment
and conditions of service shall, subject to the provisions of Article 309 of the
Constitution, be regulated by such rules as may be prescribed.
1. Adapted by the karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
2. Substituted by Act 30 of 1984 w.e.f. 22.5.1984
3) The salary, allowances, gratuity, pension and other benefits of the members
of the
1[Karnataka State Library Service]1 shall be met from the Consolidated Fund of
the State.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
CHAPTER IV.
LOCAL LIBRARY AUTHORITIES
16. Constitution of Local Library Authorities.- (1) For the purpose of
organising and administering Public Libraries in the State, there shall be constituted
Local Library Authorities,-
(a) for the Cities of Bangalore, Hubli-Dharwar, Mangalore, Mysore and
Belgaum, and for such other urban area having a population of more than
one lakh, as the State Government may by notification specify, called the
City Library Authority; and
(b) for each revenue district, excluding the area for which a City Library
Authority is constituted, called the District Library Authority;
1[Proviso x x x]1
1. Omitted by Act 45 of 1976 w.e.f. 5.6.1976
(2) Every Local Library Authority shall by the name of the area for which it is
constituted, be a body corporate having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire, hold and dispose of
property, and to contract, and may by the same name sue and be sued.
17. Composition of City Library Authorities. - (1) Every City Library Authority
shall consist of,-
(a) the Mayor of the municipal corporation or the President of the municipal
council or other municipal body of the City who shall ex-officio be the
Chairman of the Authority;
(b) a principal of a First Grade College in the city nominated
ex-officio by the State Government, who shall be the Vice-Chairman of
the Authority;
(c) two persons elected by the municipal corporation, municipal council or
other municipal body of the city from among its members;
(d) one person nominated by the State Government from among the
members of governing bodies of aided libraries in the city;
(e) a Headmaster of a High School in the city nominated
ex-officio by the State Government;
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(f) one person nominated by the council of the city branch, if any, of the
1[Karnataka Library Association]1;
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(g) an officer of the Department of Public Instruction having jurisdiction over
the city, nominated ex-officio by the State Government.
(h) two persons nominated by the State Government from among persons
ordinarily resident in the city.
(2) The Chief Librarian of the city shall ex-officio be the Secretary of the City
Library Authority and of the Committees of the said Authority.
18. Composition of District Library Authorities.- (1) Every District Library
Authority shall consist of,-
(a) the Deputy Commissioner of the district who shall ex-officio be the
Chairman of the Authority;
1[(b) the Deputy Director of Public Instructions incharge of the district;]1
1. Substituted by Act 45 of 1976 w.e.f. 5.6.1976
(c) two persons elected from among its members by the District Development
Council;
(d) one person elected from among its members by each municipal council or
other municipal body in the district wi th jurisdiction over a municipal area
other than an area for which a City Library Authority is established having
a population of not less than fifty thousand;
(e) two persons nominated by the State Government from among the
members of municipal councils or other municipal bodies in the district
with jurisdiction over a municipal area having a population of less than fifty
thousand;
(f) one person nominated by the council of the District Branch, if any, of the
1[Karnataka Library Association]1;
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(g) one person nominated by the State Government from among the
members of the Taluk Development Boards in the district;
(h) two persons nominated by the State Government from among the
members of the village panchayats and town panchayats in the district;
(i) two persons nominated by the State Government from among the
members of the governing bodies of aided libraries in the district;
(j) a Principal of a First Grade College in the district nominated ex-officio by
the State Government ;
(k) a Headmaster of a High School in the district nominated ex-officio by the
State Government ;
(l) an officer of the Department of Public Instruction having jurisdiction over
the district or a part thereof nominated ex-officio by the State
Government;
(m) three persons nominated by the State Government from among persons
ordinarily resident in the district;
(2) The Vice-Chairman of the District Library Authority shall be elected by the
members from among themselves.
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(3) The Chief Librarian of the district shall ex-officio be the Secretary of the
District Library Authority and of the Committees of the said Authority;
19. Nomination of members in default of election.- If any of the bodies
referred to in section 17 or 18 does not by such period as may be prescribed elect or
nominate a person to be a member of the City Library Authority or the District Library
Authority, as the case may be, the State Government shall, by notification, nominate
to the vacancy, a person qualified for election thereto; and the person so nominated
shall be deemed to be a member of the Authority as if he had been duly elected by
the said body.
20. Term of office.- (1) Save as otherwise provided in this Act, the term of office
of members of a Local Library Authority, other than ex-officio members, shall be for a
period of three years commencing from the date on which the first meeting of the
Authority is held after the election or nomination of the members under sections 17,
18 and 19.
(2) An outgoing member shall continue in office until the election or nomination of
his successor.
(3) An outgoing member shall be eligible for re-election or re-nomination.
21. Vacancies.- In the event of a vacancy arising out of death, resignation,
disability or otherwise, before the expiry of the term of office of any member of a
Local Library Authority, the vacancy shall be filled by election or nomination, as the
case may be, of another person in the manner provided in section 17 or section 18,
as the case may be, and any person elected or nominated to fill the vacancy shall
hold office only so long as the member in whose place he is elected or nominated
would have held office if the vacancy had not occurred.
22. Disabilities for continuing as member.- If any member other than an ex-
officio member of a Local Library Authority, during the period for which he has been
nominated or elected,-
(a) absents himself without excuse sufficient in the opinion of the Authority, from
three consecutive meetings of the Authority; or
(b) in the case of a member elected by any body referred to in section 17 or
section 18 ceases to be member of the body concerned, his office in the Authority
shall become vacant.
23. Disqualifications.- A person shall be disqualified for being chosen as, and
for being, a member of the Local Library Authority,-
(a) if he has been sentenced by a criminal court for an offence involving
moral turpitude and punishable with imprisonment for a term exceeding three
months, such sentence not having been subsequently reversed, quashed or remitted,
unless he has, by order, which the State Government is hereby empowered to make
in this behalf, been relieved from the disqualification arising on account of such
sentence;
(b) if he is an undischarged insolvent;
(c) if he is of unsound mind and stands so declared by a competent court.
24. Meetings of Local Library Authorities.- (1) Every Local Library Authority
shall meet at least twice a year on dates to be fixed by the Chairman. One of such
meetings shall be the annual meeting.
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(2) The Chairman may also, whenever he thinks fit, convene a special meeting of
the Authority for the transaction of urgent business.
(3) Subject to prescribed conditions, special meetings shall be convened by the
Chairman to discuss matters of urgent importance upon a requisition by the members
of the Authority.
(4) A Local Library Authority shall transact business in such manner and in
accordance with such procedure as may be prescribed.
25. Powers and duties of Chairman and Vice-Chairman.- (1) The Chairman of
a Local Library Authority shall,-
(a) preside at the meetings of the Authority;
(b) watch over the financial and executive administration of the Authority and
exercise general supervision and control.
(2) The Vice-Chairman of a Local Library Authority shall,-
(a) in the absence of the Chairman, preside at the meetings of the Authority;
(b) exercise such powers and perform such duties of the Chairman as the
Chairman may, from time to time, delegate to him.
26. Powers and functions of Local Library Authorities.- (1) It shall be the duty
of every City Library Authority and every District Library Authority to provide library
service to the persons residing in the area within its jurisdiction. The Library
Authority shall in every City establish a City Central Library and Branch Libraries and
in every district establish a District Central Library and branch libraries.
(2) For purposes of sub-section (1), a Local Library Authority may,-
(a) provide suitable lands and buildings for public libraries, and the furniture,
fittings, equipment and other conveniences necessary for the purpose;
(b) provide such libraries with books, periodicals, newspapers, maps,
gramophone records, manuscripts, works and specimens of art and
science, lantern slides, films, cinema projectors, recorders and the like;
(c) with the previous sanction of the Government shift or close any public
library;
(d) accept any endowment or gift for any purpose connected with its
activities;
Provided that no gift or endowment of an immovable property shall be accepted
without the previous sanction of the State Government;
(e) provide for lectures and conduct other activities as may be conducive to
the carrying out of the purposes of this Act;
(f) with the consent of the management and the previous sanction of the
State Government acquire any library on such conditions as may be
approved by the State Government ;
(g) with the sanction of the State Government do any other thing that may be
conducive to the furtherance of the purposes of this Act;
(h) exercise such other powers and perform such other duties as may be
conferred or imposed by or under this Act.
27. Library Development Plan. - (1) Subject to the general or special orders of
the State Government , as soon as possible after a Local Library Authority is
13
constituted and thereafter as often as may be required by the 1[Director of Public
Libraries]1
every Local Library Authority shall, and whenever it considers it necessary
so to do, a Local Library Authority may, prepare a plan (hereinafter referred to as the
'Local Library Development Plan') for establishing libraries and spreading library
service within the jurisdiction of such Authority in such form and manner and
containing such particulars as may be prescribed.
1. Subsituted by Act 30 of 1984 w.e.f. 22.5.1984
(2) The salient features of every Local Library Development Plan prepared
under sub-section (1) shall be published in such manner as may be prescribed along
with a notice inviting objections and suggestions from all persons interested in the
Plan within such period as may be specified in the notice. Any objection or
suggestion which may be received from any person with respect to the Local Library
Development Plan shall be considered by the Local Library Authority and such
modifications in the Plan shall be made as the Authority deems fit.
(3) The Local Library Development Plan shall thereafter be sent to the
1[Director of Public Libraries] 1 along with a copy of the objections and suggestions
received under sub-section (2). The 11[Director of Public Libraries] 1 shall with his
comments on the Local Library Development Plan submit it to the State Government
for sanction.
1. Subsituted by Act 30 of 1984 w.e.f. 22.5.1984
(4) The State Government may if it deems fit after ascertaining the views of the
State Library Authority sanction the Local Library Development Plan with such
alterations as it considers necessary. The State Government may on application by
the Local Library Authority concerned, modify any Local Library Development Plan
sanctioned under this sub-section.
(5) (a) As soon as may be after the State Government sanctions a Local Library
Development Plan under sub-section (4), the 1[Director of Public Libraries] 1 shall in
conformity with the provisions of the said Plan make an order called the Local Library
Order for the area, specifying the Central Library and the Branch Libraries including
branches, to be located in educational institutions, prisons and hospitals and the
service stations, which shall be established and maintained by the Local Library
Authority, the measures to be taken by the Local Library Authority for providing
adequate library service to the people in the area and the stages in which such
measures shall be taken.
1. Subsituted by Act 30 of 1984 w.e.f. 22.5.1984
(b) A Local Library Order made under clause (a) may be amended in
consultation with the Local Library Authority, whenever the 1[Director of
Public Libraries]1
considers it expedient to do so.
1. Subsituted by Act 30 of 1984 w.e.f. 22.5.1984
(6) Every Local Library Authority shall give effect to the Local Library
Development Plan as sanctioned by the State Government and the Local Library
Order made under sub-section (5).
28. Local Library Authority to appoint committees. - (1) Every Local Library
Authority shall constitute the following committees by election from among its
members, namely:-
(i) the Executive Committee; and
(ii) the Finance Committee.
14
(2) A Local Library Authority may constitute committees for such other purposes
as it deems fit.
(3) The Chairman of the Local Library Authority shall ex-officio be a member and
Chairman of the Executive Committee, and the Finance Committee.
(4) (a) The Executive Committee shall be responsible for the executive functions
of the Local Library Authority.
(b) The Finance Committee shall scrutinise proposals for increase of
revenue, examine the receipts and expenditure statements, consider all
new propositions affecting finance and shall generally supervise the
revenue and expenditure of the Local Library Authority.
29. Advisory Library Committees.- (1) For the purpose of advising on local
requirements relating to library service of each branch library and each service
station in a village served by travelling libra ry service, Advisory Committees shall be
constituted in accordance with the provisions of this section.
(2) Every Branch Library Committee shall consist of,-
(a) the Branch Librarian who shall ex-officio be the Chairman and convener of
the Committee;
(b) one person representing the area which the Branch Library serves, on the
municipal council or other munici pal body or the panchayat having
jurisdiction over that area, elected by the body concerned;
(c) three teachers of educational institutions in the area in which the branch
library is located, nominated by the Chief Librarian of the City or the Chief
Librarian of the district, as the case may be;
(d) three persons from among the registered borrowers of the branch library
nominated by the Chief Librarian of the City or the Chief Librarian of the
district, as the case may be.
(3) Every Village Service Library Committee shall consist of,-
(a) the Travelling Librarian visiting the service station in the village who shall
ex-officio be the Chairman and convener of the Committee;
(b) two teachers of educational institut ions in the area served by the service
station, nominated by the Chief Librarian of the District;
(c) two persons from among the regi stered borrowers in the area served by
the service station, nominated by the Chief Librarian of the district.
(4) The nominated members of the Branch Library Committee and the Village
Service Library Committee shall hold office for a period of three years or until their
successors are nominated.
CHAPTER V
FINANCE AND ACCOUNTS
30. Library Cess.- (1) With effect from the date of commencement of this Act,-
(a) a library cess in the form of a surcharge on,-
(i) tax on lands and buildings;
(ii) tax on entry of goods into the local area for consumption,
use or sale therein;
15
(iii) tax on vehicles;
(iv) tax on professions, trades, calling and employments;
shall be levied in the area within the jurisdiction of every City Library Authority under
the relevant laws relating to local authorities providing for the levy of such taxes, at
the rate of three paise for every rupee of the taxes so levied;
(b) a library cess in the form of a surcharge on tax on lands and buildings
shall be levied in the area within the jurisdiction of every District Library
Authority, under the relevant laws relating to local authorities providing for
the levy of such tax at the rate of three paise for every rupee of the tax so
levied.
(2) A City Library Authority or District Library Authority may, with the previous
sanction of the State Government , by notification, increase the rate of library cess
levied on any item of tax specified in clause (a) or (b) of sub-section (1), subject to
the condition that the rate shall not exceed six paise for every rupee of the tax levied.
(3) The cess levied under clause (a) or clause (b) of sub-section (1) or increased
under sub-section (2) shall be collected by the municipal corporation, municipal
council or other municipal body, or the v illage panchayat or other local authority
having jurisdiction over the area as if the cess were a tax referred to in the said
clause payable under the relevant laws for the time being in force in the area, and all
the provisions of the said laws relating to the levy and collection of the said tax shall
apply subject to such modifications as may be prescribed.
1[(4) Out of the cess collected by it under sub-section (3) every local authority
shall be entitled to retain ten per cent of the amount collected towards the cost of
collection and the balance shall be paid to the City Library Authority or the District
Library Authority, as the case may be.]1
1. Substitued by Act 45 of 1976 w.e.f. 1.4.1969
31. Government grant to District Library Authority of a portion of land
revenue.- (1) The State Government shall make annually a grant to every District
Library Authority of an amount equal to 1[six per cent]1 of the land revenue collection
of the district.
1.Substituted by Act 31 of 1998 w.e.f. 24.11.1998
(2) The amount granted to a District Library Authority under sub-section (1) shall
be credited to the District Library Fund at such times and in such manner as may be
prescribed.
(3) Land Revenue collection of a district for the purposes of sub-section (1) shall
mean,-
(a) until the revision settlement of land revenue under Chapter X of the
1[Karnataka]1 Land Revenue Act, 1964, the land revenue determined on
the basis of the average land revenue collection of the district for a
period of three years preceding the date of such determination;
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(b) after the determination of land revenue on the basis of the aforesaid
revision settlement, the land revenue collected during the year preceding
the year for which the grant is made.
32. City and District Library Fund. - (1) Every City Library Authority and District
Library Authority shall maintain a Fund called the City Library Fund and the District
16
Library Fund, as the case may be, from which all its payments under this Act shall be
met.
(2) There shall be credited to the City Library Fund and the District Library Fund,
as the case may be, the following sums, namely :-
1[(a) the amount of cess paid by the local authority under sub-section (4) of
section 30;]1
1. Substituted by Act 45 of 1976 w.e.f. 1.4.1969
(b) the grant under section 31;
(c) contributions, gifts, and income from endowments, made to the Library
Authority for the benefits of public libraries;
(d) grant which the Central Government or the State Government may make;
(e) funds and other amounts collected by the Local Library Authority under
rules or bye-laws made under this Act.
33. State Library Fund.- (1) The State Library Authority shall maintain a
Fund called the State Library Fund from which all its payments under this Act shall be
met.
(2) There shall be credited to the State Library Fund the following sums, namely :-
(a) the grants made by the State Government to the State Library Authority
to perform the duties entrusted to it;
(b) grants which the Central Government may make;
(c) contributions and gifts made to the State Library Authority;
(d) funds and other amounts collected by the State Library Authority under
the rules or bye-laws made under this Act.
34. Accounts.- (1) An account shall be kept of the receipts and expenses of the
State Library Authority and of each City Library Authority and District Library
Authority.
(2) The accounts shall be open to inspection, and shall be subject to audit,
disallowance and surcharge and shall be dealt with in all other respects in such
manner as may be prescribed.
CHAPTER VI
STATE CENTRAL LIBRARY
35. Vesting of Bangalore Public Library in the State Library Authority.- (1)
With effect from such date as the State Government may, by notification appoint
(hereinafter referred to in this Chapter as the appointed day), the entire management
and control of the Public Library, Bangalore, now vested in the Committee of
Management of the Public Library, Bangalore, shall be vested in the State Library
Authority.
(2) As from the appointed day, the Committee of Management of the Public
Library, Bangalore, a society registered under the Mysore Societies Registration Act,
1904, now deemed to be registered under the 1[Karnataka]1
Societies Registration
Act, 1960, shall stand dissolved and all property, movable and immovable, and all
rights, powers and privileges of the said society which immediately before the
appointed day belonged to or vested in the said society shall vest in the State Library
Authority and shall be applied for the purposes specified in this Act and such other
purposes as may be prescribed.
17
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(3) As from the appointed day, all debts and liabilities of the said society shall
stand transferred to and vest in the State Library Authority.
(4) Every employee of the said societ y shall, as from the appointed day, become
an employee of the State Government and shall hold his office under the State
Government as a member of the 1[Karnataka State Library Service] 1 on the same
tenure, at the same remuneration, and upon the same terms and conditions, and with
the same rights and privileges as to provident fund, gratuity and other matters, as he
would have held the same, as an employee of the said society, and shall continue to
do so unless and until his Excerpt shown. Open the full act in Lexace.