The Maharashtra Public Libraries Act, 1967.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1967 : Mah. XXXIV] 1
THE MAHARASHTRA PUBLIC LIBRARIES ACT, 1967
[Text as on 16th November 2023]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STATE LIBRARY COUNCIL
3. Constitution of State Library Council.
4. Function of Council.
5. Term of office of and allowances to members of Council.
6. Casual vacancies in Council.
7. Meetings of Council.
CHAPTER III
DEPARTMENT OF LIBRARIES
8. Department of Libraries.
9. Functions of Director.
10. State Library Service.
CHAPTER IV
PUBLIC LIBRARIES
11. Establishment and maintenance of public libraries.
12. Functions of Public libraries.
CHAPTER V
LIBRARY COMMITTEES
13. Constitution of Library Committees.
14. Term of office of, and allowances to members of Committees.
15. Casual vacancies in Committee.
16. Functions of Committee.
17. Manner of transaction of business by Committee.
2 The Maharashtra Public Libraries Act, 1967 [1967 : Mah. XXXIV
CHAPTER VI
FINANCE AND ACCOUNTS
18. Library Fund.
19. Application of Library Fund.
20. Contribution by State Government.
21. Special grants by State Government.
22. Vesting of properties held for purpose of Government Public Libraries.
CHAPTER VII
REPORTS AND INSPECTION
23. Reports and returns.
24. Inspections of public libraries.
25. Submission of annual report by Director.
CHAPTER VIII
MISCELLANEOUS
26. Rules.
SCHEDULE.
1967 : Mah. XXXIV] The Maharashtra Public Libraries Act, 1967 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 11 of 1998
2. Amended by Mah. 27 of 2005
4 The Maharashtra Public Libraries Act, 1967 [1967 : Mah. XXXIV
1967 : Mah. XXXIV] The Maharashtra Public Libraries Act, 1967 5
MAHARASHTRA ACT No. XXXIV OF 19671
[THE MAHARASHTRA PUBLIC LIBRARIES ACT, 1967.]
[20th December 1967]
[This Act received the assent of Governor on the 17th December 1967; assent was first published
in the Maharashtra Government Gazette on the 20th December 1967.]
An Act to provide for the establishment, maintenance, organisation and
development of public libraries in the State of Maharashtra.
WHEREAS, it is expedient to provide for the establishment, maintenance, organisation and
development of public libraries in the State of Maharashtra and for purposes connected with the
matters aforesaid; It is hereby enacted in the Eighteenth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Maharashtra Public
Libraries Act, 1967.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into fo rce on such date 2 as the State Government may, by notification in the
Official Gazette, appoint in that behalf; and different dates may be appointed for bringing this Act into
force in different areas of this State.
2. Definitions.— In this Act, unless the context otherwise requires,—
(i) ―book‖ includes every volume, part or division of a volume and pam phlet in any
language, and every sheet of music, map, chart or plan separately printed or lithographed,
newspapers, periodicals, paintings, films, slides, discs or tapes used for audio -visual information
and such other materials ;
(ii) ―Committee‖ means a Library Committee appointed under section 13 ;
(iii) ―compensatory allowance‖ means the travelling allowance, the daily allowance or such
other allowance which is paid to the members of the Council or Committee for the purpose of
meeting the personal exp enditure incurred by them in attending the meetings of such Council or
Committee or in performing any other functions as such members for the purposes of this Act ;
(iv) ―Council‖ means the State Library Council constituted under section 3 ;
(v) ―Director‖ means the Director of Libraries appointed under section 8 ;
(vi) ―district‖ means a revenue district ;
3[(vii) ―Division‖ means a revenue division specified under clause ( i) of sub -section (1) of
section 4 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) ;]
(viii) ―municipal corporation‖ means a municipal corporation constituted under the
4[Mumbai] Municipal Corporation Act (Bom. III of 1888) or the Bombay Provincial Municipal
Corporations Act, 1949 (Bom. LIX of 1949) or the City of Nagpur Corporation Act, 1948 (C.P &
Berar II of 1950);
1 For Statement of Objects and Reasons. see Maharashtra Government Gazette, 1967. Part V, Extra, Page 144.
2 1st day of May 1968 (in the whole State)-(vide G. N., E. & S. W. D., No. LIB-2567-A, dated 27th April 1968).
3 Clause (vii) was substituted by Mah. 11 of 1998, s. 2 (a).
4 This word was substituted for the word ―Bombay‖, ibid, s. 2 (b).
6 The Maharashtra Public Libraries Act, 1967 [1967 : Mah. XXXIV
1[(ix) ―Municipal Council‖ means a Municipal Council constituted or deemed to be
constituted under the Maharash tra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965) ;]
(x) ―prescribed‖ means prescribed by rules made under this Act ;
(xi) ―public library‖ means,—
(a) a library established and maintained by the State Government for the use of the
public ;
(b) a library recognised by the Director for the purposes of grant -in-aid from the
Library Fund; and
(c) any other library which the State Government by notification in the Official Gazette
declares to be a public library for the purposes of this Act;
(xii) ―year ‖ means the financial year.
CHAPTER II
STATE LIBRARY COUNCIL
3. Constitution of State Library Council.— (1) As soon as may be, after the commencement of
this Act, the State Government shall, by notification in the Official Gazette, constitute for the purposes
of this Act a Council to be called the State Library Council.
(2) The Council shall consist of the following members, that is to say,—
(i) the Minister for 2[Higher and Technical Education,] who shall be ex-officio President of
the Council;
(ii) the 3[Minister of State for Higher and Technical Education,] who shall be ex-officio
Vice-President of the Council;
4[(iii) the Principal Secretary or Secretary to the Government of Maharashtra, Higher and
Technical Education Department ;]
(iv) the Charity Commissioner or his nominee not below the rank of Assistant Charity
Commissioner;
(v) 5[ the Director of Higher Education,] Maharashtra State for the time being in office;
6[(vi) two members of the Maharashtra Legislative Assembly nominated by the Speaker of
the Maharashtra Legislative Assembly;
(vii) one member of the Maharashtra Legislative Council nominated by the Chairman of the
Maharashtra Legislative Council;]
(viii) one perso n nominated by the State Government to represent Municipal Corporations
functioning in the State of Maharashtra;
(ix) one person nominated by the State Government to represent 7[Municipal Councils]
functioning in each of the Divisions;
(x) one member from each Division nominated by the State Government to represent the
Zilla Parishads functioning in that Division;
(xi) the President of the body known as the Maharashtra Rajya Granthalaya Sangha;
1 This clause was substituted by Mah. 11 of 1998, s. 2 (c).
2 These words were substituted for the words ―the Minister for Education of the State,’’ ibid., s. 3(a).
3 These words were substituted for the words ―the Deputy Minister for Education of the State,’’ ibid., s. 3(b).
4 This clause was substituted, ibid., s. 3(c).
5 These words were substituted for the words ―the Director of Education,’’ ibid., s. 3 (d)
6 These clauses were substituted by Mah. 27 of 2005.
7 These words were substituted for the word ―Municipalities’’ by Mah.11 of 1998, s.3 (e).
1967 : Mah. XXXIV] The Maharashtra Public Libraries Act, 1967 7
(xii) one member nominated by the said Maharashtra Rajya Granthalaya Sangha from each
Division to represent that Division;
(xiii) the Chairman of the body known as the Sahitya Mahamandal, a Society registered
under the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950);
(xiv) four members nominated by the State Government from amongst persons who, in its
opinion, have special knowledge or interest or practical experience in mat ters connected with
library service;
(xv) the Director of Libraries who shall also be the Secretary of the Council.
(3) A per son so elected under paragraphs ( vi) and ( vii) of sub -section ( 2) shall cease to be a
member of the Council if he cease to be a member of the Maharashtra Legislative Assembly or the
Maharashtra Legislative Council.
4. Function of Council.— It shall be the function of the Council to advise the State Government
on all matters connected with the administration of this Act.
5. Term of office of and allowances to members of Council. — (1) Save as otherwise provided
in this Act, at the members of the Council, not being members ex-officio, shall hold office for a term of
three years commencing on the date on which the first meeting of the Council is held after the
nomination of the members under sub-section (2) of section 3.
(2) The members of th e Council shall be entitled to such compensatory allowances and at such
rates as may be prescribed.
6. Causal vacancies in Council.— A vacancy in the office of a nominated or elected member of
the Council occurring otherwise than by efflux of time shall be filled by nomination or election, as the
case may be, and the person nominated or elected to fill the vacancy shall hold office only for the
remainder of the term for which the member whose place he takes was nominated or elected.
7. Meeting of Counci l.— (1) The Council shall meet not less than twice in every year, on such
dates and at such hours as may be fixed by the President; and six months shall not intervene between
two successive meetings.
(2) The President of the Council may, whenever he think s fit, and shall, upon the written request
of not less than one -third of the total number of members of the Council, and on a date not later than
thirty days after the receipt of such request, call a special meeting of the Council.
(3) One-third of the total number of members of the Council shall form the quorum.
(4) The Council shall transact business in such manner and in accordance with such procedure as
may be prescribed.
CHAPTER III
DEPARTMENT OF LIBRARIES
8. Department of Libraries.— (1) For the purposes of this Act, a Department of Libraries shall
be constituted by the State Government with a Director of Libraries as its head and with such other
officers and servants as the State Government may think fit.
(2) The State Government shall appoint a whole-time officer having the prescribed qualifications
to be the Director of Libraries.
9. Functions of Director.— (1) Subject to the superintendence, direction and control of the State
Government, the Director shall be responsible for the administration of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provision, the
Director shall—
8 The Maharashtra Public Libraries Act, 1967 [1967 : Mah. XXXIV
(a) be responsible for the planning, maintenance, organisation and development of public
libraries and public library system;
(b) superintend and direct all matters relating to public libraries;
(c) promote the establishment of public libraries to achieve the purposes of this Act;
(d) recognise, in accordance with the rules made under this Act, public libraries and State,
Divisional and other public library associations for the purposes of grant -in-aid from the Library
Fund and sanction and disburse grants to them ;
(e) maintain accounts of the Library Fund and ensure its proper utilisation;
(f) publish annually a bibliography of all the books published in the State;
(g) submit to the State Government every year, a report on the working of public libraries
under this Act;
(h) collect and preserve old and rare books, periodicals, manuscripts and other documents of
educative value in public libraries;
(i) organise programme for training candidates in library science and conduct examinations
for the candidates of recognised library training courses; and
(j) exercise such other powers and perform such other duties as may be conferred or
imposed on him by rules made under this Act.
10. State Library Service. — (1) The State Government shall establish a Maharash tra State
Library Service, and appoint persons thereto.
(2) The Maharashtra State Library Service shall consist of such 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 be regulated by such rules as
may be made by the State Government from time to time.
(3) The salaries, allowances, gratuity, pension and other emoluments of the members of the
Maharashtra State Library Service, shall be paid from the Consolidated Fund of the State.
CHAPTER IV
PUBLIC LIBRARIES
11. Establishment and maintenance of public libraries. — (1) The State Government may
establish a State Central Library for the whole of the State, and a Divisional Library for every Division.
(2) Where in any local area, provision for library service to the public is not made to the
satisfaction of the Director by any local authority, or any society registered under the Societies
Registration Act, 1860 (XXI of 1860) or any trust registered under the Bombay Public Trusts Act,
1950 (Bom. XXIX of 1950) or where the State Government is of the opinion that any such local
authority, society or trust is not willing or is incompetent to provide library service to the public to the
satisfaction of the Director in an y local area, the State Government may establish a library for the use
of the public in that area:
Provided that, no such library shall be established without giving an opportunity to the local
authority, society or, as the case may be, the trust to show cause why the State Government should not
establish a library in the said local area.
(3) All libraries established under this section shall be maintained, organised and developed by
the State Government through the Department of Libraries.
12. Functions of public libraries.— The functions of the public libraries shall be such as may,
on the advice of the Council, be prescribed.
CHAPTER V
1967 : Mah. XXXIV] The Maharashtra Public Libraries Act, 1967 9
LIBRARY COMMITTEES
13. Constitution of Library Committees. — (1) For every district, the State Government shall
appoint a District Library Committee.
(2) The Committee shall consist of the following members, that is to say,––
(i) The Chairman for the time being of the Education Committee of a Zilla Parishad
functioning in the district, who shall be ex-officio President of the Committee;
(ii) the President of the District Library Association of the district (if any);
(iii) one of the Chairman of the Managing Committees of recognised public libraries
functioning in each taluka of the district nominated by the State Government;
(iv) five persons nominated by the State Government, one of whom shall be a librarian
possessing the prescribed qualifications and two shall be persons representing libraries in the
areas within the limits of a 1[Municipal Council] or municipal corporation in the district;
(v) one of the Presidents of the municipalities in the district nominated by the State
Government;
(vi) the Education Officer for the time being of the Zilla Parishad functioning in the district,
who shall also be ex-officio Secretary of the Committee.
(3) The State Government shall appoint a Library Committee for 2[Brihan Mumbai]
consisting of ––
(i) the Chairman for the time being of the Education Committee of the municipal
corporation of 3[Brihan Mumbai] who shall be the ex-officio President of the Committee;
(ii) five persons nominated by the State Government one of whom shall be a librarian
possessing the prescribed qualifications and two shall be persons representing libraries in
4[Brihan Mumbai];
(iii) Education Officer for the time being of the municipal corporation of 5[Brihan Mumbai];
Mumbai];
(iv) Educational Inspector, 6[Brihan Mumbai], who shall also be the ex-officio Secretary of
the Committee.
14. Term of office and allowances to, members of Committee. — (1) Save as otherwise
provided in this Act, the nominated members of the Committee shall hold office for a term of three
years commencing on the date on which the first meeting of the Committee is held after their
nomination.
(2) The members of the Commi ttee shall entitled to such compensatory allowances and at such
rates as may be prescribed.
15. Casual vacancies in Committee. — A vacancy in the office of a nominated member of the
Committee occurring otherwise than by efflux of time shall be filled by no mination and the person
nominated to fill the vacancy shall hold office only for the remainder of the term for which the member
whose place he takes was nominated.
16. Functions of Committee.— It shall be the function of a Committee,—
1 These words were substituted for the word ―Municipality‖ by Mah. 11 of 1998, s. 4(a).
2 These words were substituted for the words ―Greater Bombay‖, ibid, s. 4(b).
3 These words were substituted for the words ―Greater Bombay‖, ibid, s. 4(b).
4 These words were substituted for the words ―Greater Bombay‖, ibid, s. 4(b).
5 These words were substituted for the words ―Greater Bombay‖, ibid, s. 4(b).
6 These words were substituted for the words ―Greater Bombay‖, ibid, s. 4(b).
10 The Maharashtra Public Libraries Act, 1967 [1967 : Mah. XXXIV
(i) to advise the State Government on all matters relating to development of library service
in the district or, as the case may be, 1[Brihan Mumbai] on proper lines;
(ii) to ensure that the prescribed function of the public libraries are performed by them
satisfactorily; and
(iii) to perform such other duties as may be prescribed.
17. Manner of transaction of business by Committee. — The Committee shall transact
business in such manner, and in accordance with such procedure, as may be prescribed.
CHAPTER VI
FINANCE AND ACCOUNTS
18. Library Fund.— (1) The State Government shall constitute a fund called the Library Fund.
(2) The Library Fund shall consist of—
(a) contribution made by the State Government under section 20;
(b) any special grants given by the State Government under section 21;
(c) any grants given by the Government of India to State Government for develop ment of
public libraries; and
(d) any contributions or gifts made by the public for development of public libraries.
19. Application of Library Fund.— (1) The moneys in the Library Fund shall be utilized by the
State Government for carrying out the purposes of this Act.
(2) Without prejudice to the generality of sub-section (1), the moneys in the Library Fund may be
utilized by the State Government to defray expenditure on the following :—
(a) establishment, maintenance and development of public libraries;
(b) compensatory allowances payable to members of the Council and of the Committee ;
(c) grants-in-aid to public libraries and library associations recognised for the purpose by the
Director of Libraries.
20. Contribution by State Government.— The State Government shall, after due appropriation
made by law in this behalf, contribute to the Library Fund ever y year, a sum not less than twenty -five
lakhs of rupees.
21. Special grants by State Government. — The State Government may make special grants to
the Library Fund.
22. Vesting of properties held for purpose of Government public libraries. — All property,
movable and immovable, acquired or held for the purpose of any public library maintained by the State
Government shall vest in the State Government.
CHAPTER VII
REPORTS AND INSPECTION
23. Reports and returns. — Every person who is in charge of the management of a public
library shall submit such reports and returns and furnish such information as the Director may from
time to time require, to the Director or any person authorised by him in this behalf.
1 These words were substituted for the words ―Greater Bombay ‖, by Mah. 11 of 1998, s. 5.
1967 : Mah. XXXIV] The Maharashtra Public Libraries Act, 1967 11
24. Ins pection of public libraries. — The Director or any person authorised by him in this
behalf shall have power to inspect any public library or any institution attached thereto for the purpose
of satisfying himself that the provisions of this Act and the rules made thereunder are carried out.
25. Submission of annual report by Director.— Within six months from the end of every year,
the Director shall prepare an annual report on the progress made by public libraries in that year and
submit it to the State Gov ernment together with such information and particulars as may be
prescribed :
Provided that, no such report shall be submitted to the State Government unless it is approved by
the Council.
CHAPTER VIII
MISCELLANEOUS
26. Rules.— (1) The State Government may, by notification in the Official Gazette, and subject
to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely :—
(i) under sub -section (2) of section 5 and sub -section (2) of section 14, the compen satory
allowances payable to members of the Council and of the Committees and the rates at which such
allowances shall be payable;
(ii) under sub-section (4) of section 7 and section 17, the manner in which and the procedure
in accordance with which the Council and a Committee shall transact their business;
(iii) under sub-section (2) of section 8, the qualifications required for being appointed as the
Director;
(iv) under clause ( d) of sub -section ( 2) of section 9, rules in accordance with which the
Director shall recognize public libraries and State, Divisional and other public library associations
for the purposes of grant-in-aid from the Library Fund;
(v) under clause ( j) of sub -section (2) of section 9, the other powers and duties which the
Director may exercise or perform;
(vi) under sub -section ( 2) of section 10, the requirement and conditions of service of
members of the Maharashtra State Library Service;
(vii) under section 12, the functions of public libraries;
(viii) under section 13, the qualifications of a librarian to be nominated on a Committee;
(ix) under section 25, the information and particulars to be submitted to the State
Government.
(3) Every rule made under this section shall be laid as soon as may be after it is made before each
House of the State Legislature while it is in session for a total period of thirty days which may be
comprised in one session or in two successive sessions, a nd if before the expiry of the session, in
which, it is so laid or the session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, and notify such decision
in the Official Gazette, the rule shall, from the date of publication of such notification, 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 anyth ing previously done or omitted to be done
under that rule.
1[ * * * ]
1 Schedule was deleted by Mah. 11 of 1998, s. 6.
12 The Maharashtra Public Libraries Act, 1967 [1967 : Mah. XXXIV
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