LexThe rajasthan publlc libraries act, 2006
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Hkkx 4 ¼d½ jktLFkku jkt&i=] vizsy 24] 2006 11(19)
Law ( LEGISLATIVE DRAFTING) DEPARTMENT
(Group-II)
NOTIFICATION
Jaipur, April 22, 2006
No. F.2(20)Vidhi-2/2006.-In pur suance of clause (3) of Article
348 of the constitution of India, the governor is pleased to Authorize the
publication in the Rajasthan Gazette of the following Translation in the
English language of the Rajasthan Sarvajanik Pustkalaya Adhiniyam,
2006(2006 ka Adhiniyam Sankhyank 11):-
(Authorized English Translation)
THE RAJASTHAN PUBLIC LIBRARIES ACT,2006
(Act No. 11 of 2006)
[Received the assent of the Governor on the 20th day of April,2006]
An
Act
To provide for the promotion and development of public libraries in the State and
for that purpose to constitute State library Council And for the matters connected
therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Fifty-seventh year of
the Republic of India, as follows :-
CHAPTER 1
Preliminary
1. Short title, extent and commencement. – (1) This Act May be called the
Rajasthan Public Liabraries Act, 2006
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by
notifications in the Official Gazette ,appoint.
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2.Definitions.- In this Act, unless the context otherwise requires,-
(a) ’’book’’ includes-
(i) every voiume,part or division of a volume and pamphlet in any
language;
(ii) manuscript in any from;
(iii) every sheet of music,map,graph,chart or plan separately printed or
lithographed;
(iv) newspapers, periodicals, paintings, posters, photographs,
Photographic, reproduction, gramophonic, records, audio - video
tapes, floppy, compact discs, slides, microfilms and film scripts for
audio visual information and such other materials;
(v)computer output in any from and computer programmes;
(b) ”book deposit center” means a center where books are deposited and
members of the public can borrow;
(c) “book service center” means a center where mumbers of the library can
borrow books through a mobile library;
(d)” chairperson” means the chairperson of the Council;
(e)” Council” means the Rajasthan State Library Council constituted under
section3;
(f)”Director” means the director of public libraries;
(g)” Disteict” means a revenue district constituted under the provision of
Rajasthan Land revenue Act, 1956 (Act no.15 of 1956);
(h)” Division” means a revenue division constituted under the provisions of
the Rajasthan Land revenue Act, 1956 (Act no.15 of 1956);
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(i) “extension service” menas and includes the activities pertaining to
preservation and promotion of cultural heritage and encouraging the
intellectual, literary and scientific character of the community;
(j) “library” means and includes collection of books, book deposit center or
book service center providing library service or extension service;
(k) “library service” means and includes providing reading, facilities, lending
out books to the members of the library and assisting the readers to
procure books and relevant information;
(l) “Local authority” means a municipality constituted under the provisions
of the Rajasthan a municipalities Act,1959 (Act No.38 of 1959) or a
Panchayati Raj Institution constituted under the provisions of the
Rajasthan Panchayati Raj Act,1994 (Act No.13 of 1994);
(m) “member of the library” means registered member of the library;
(n) “prescribed” means prescribed by rules;
(o) “public library” means-
(i) a library within the public library system of the state;
(ii) a library recognized by the Director under section 18; and
(iii) any other library which the State Government may, by notification
in the Official Gazette, declare to be a public library for the
purpose of this Act ;
(p) “Panchayat Samiti” means a Panchayat Samiti constituted under the
provision of the Rajasthan panchayati Raj Act, 1994 (Act no.13 of 994);
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(q) ”public library system” means a set up of pub lic libraries in the State with
the State central library at the apex and village libraries at the bott om;
(r) ”public library association” means a public library association recognized
under section 19;
(s) ”rules” or ” regulation” means the rules or regulation made under this
Act;
(t) ”year” means a period commencing on 1 st April and ending on 31 st March
next following.
CHAPTER II
State Library Council
3. Constitution of the 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 Rajasthan state Library Council with e ffect from such
date as may be specified in the notification.
(2) The Council shall consist of the following member, namely: -
(a) EX-officio member –
(i) The Minister In-charge of libraries – Chairperson;
(ii) The Secretary to the Government responsible for the libraries – Vice
– Chairperson;
(iii) The Secretary to the Government, Finance Department or his
nomiee not below the rank of Deputy Secretary;
(iv) The Director , College Education;
(v) The Director , Elementary Education ;
(vi) The Director , Secondary Education ;
(vii) Thr Director , Panchayati Raj ;
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(viii) The Director, Local Self Government ;
(ix) The Chairman , Board of Secondary Education , Rajasthan
(x) The Secretary , Rajasthan State Text Book Board;
(xi) The librarian,State Central Library ;
(xii) The Director, Public Libraries -Member Secretary;
(b) Nominated members-
(i) Three members nominated by the Chairperson from
amongst person having specialized knowledge and
interest in matters relating to library services, among
whom one should be a woman;
(ii) One Librarian of District Library to be nominated by the
State Government ;
(iii) Two eminent scholars nominated by the Chairperson;
(iv) Two members of the Rajasthan Legislature Assembly to
be nominated by the Speaker of the Rajasthan Legislature
Assembly.
(3) The power, duties and functions of the Chairperson of the counc il
shall be such as may be prescribed.
4. Headquarters of the Council. - the Headquarters of the council shall
be at Jaipur or at such other place as the State Government may, by
notification in the Official Gazette, specify.
5. Powers and functions of the Council.- The powers and functions of
the council shall be as follows, namely:-
(i) to advise the State Government on a reference made to it or on its
own motion, in regard to all matter connected with the
administration of this Act and the rules;
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(ii) To approve the expenditure out of the state library Development
fund in accordance with the rules;
(iii) to direct the measures to be taken for promotion of use of books
and to cultivate the reading habits among the community ;
(iv) To consider the annual report on the working ,administration and
progress of public libraries prepared under section 22 and to
make suggestions and recommendations thereon;
(v) to review from time to time , based upon the reports and
inspections made under sections 20 and 21 respectively , the
working and administration of all public libraries and public
library associations and to su ggest ways and means to remove
difficulties in becoming more useful and effective instruments of
public education and library service ;
(vi) to make recommendations to the State Government as regards the
measure to be taken for the improvement of the administr ation of
public libraries;
(vii) to suggest the norms and standards performance as criteria for
eligibility for the purpose of grant -in-aid or other financial
assistance to public libraries and public library associations ;
(viii) to suggest the formula for fixing the quantum of grant-in-aid ;
(ix) to advise the State Government with regard to the objects and
purposes for financial assistance other than grant -in-aid and the
terms and conditions to be fulfilled for such assistance;
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(x) to make suggestions and recommendat ions for annual
development plan for libraries;
(xi) to organize and conduct library seminars , meetings and
conferences;
(xii) to prepare consolidated programme in the sphere of library service
in accordance with the guidelines issued by the State Government
from time to time;
(xiii) to suggest for organisation and promotion of efficient library
service in the State;
(xiv) to suggest for raising finances and for promotion of library
service;
(xv) to prepare long term and short term plans for improving the
library service in the State ;
(xvi) to exercise such powers, and to perform such function s, as are
conferred on, or entrusted to it by or under this Act or the rules
made thereunder;
6.Term of office of members. -(1) The nominated member of this council
shall hold office for a period three years from the date of his nomination.
(2) when a member ceases to hold the post by virtu e of which he was
so nominated, he shall ceases to be a member of the Council.
7. Filling up of vacancy. - If any vacancy arises in the office of a nominated
members of the council on account of death, resignation or otherwise the
same shall be filled up, as soon as possible.
8. Meeting of the Council. - (1) The Council shall meet on such dates, at
such time and places and shall observe such rules of procedure in regard
to the transaction of business at its meeting (including the quorum of
such meeting) as may be provided by regulations;
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Provided that the council shall meet at least twice in a year but six
months shall not intervene between two successive meetings.
(2) The Chairperson of the Council may , whenever he thinks
fit ,call a meetings of the Council ; and shall , upon written
request of not less than one -third of the total number of members
of the Council ,call a special meeting of the Council on a date not
later than thirty days after the receipt of such request :
Provided that no special meetin gs shall be demanded within
a period of two months from the date of last meetings of the
Council.
(3) the Chairperson or in his absence , the Vice –
Chairperson or in absence of both , any member chosen by the
members present from among themselve s shall preside over a
meeting of the Council.
9. Constitution of Committees. -The Council may
constitute such committees consisting of such number of members
of the Council for performing such functions , as may be provided
by regulations .
10. Payment of allowances to members of Council. -For
the performance of their duties under this Act, the members of the
Council or its committees shall be paid such allowances and at
such rates ,as may be prescribed .
CHAPTER III
Director of Public Libraries
11.Director of public Libraries. - For the purposes of this Act,
the existing Director of Language and Libraries shall be the
Director of Public libraries.
12. Function of Director -(1) Subject to 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
provision contained in sub-section (1),the Director shall-
(a) supervise all matters relating to public libraries;
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(b) promote the establishment and development of
public libraries;
(c) be responsible for planning , maintena nce,
promotion and development of public libraries ,
organisation of public library system;
(d) recognize any inst itution or service conducting
the training courses in library service and
library and i nformation science, and organize
programmes for training of the staff of public
libraries and other persons;
(e) maintai n a register of recognized libraries and
publish names and addresses of such libraries ;
(f) administer and maintain accounts of the State
Library Development Fund and ensue its proper
utilization;
(g) arrange for collecting and preserving old and rare
books, manuscripts and other documents of
educative value in public libraries;
(h) conduct inspection of and render advisory
service to the public libraries and public library
associations;
(i) implement recommendations of the Counc il as
have been approved by the State Government ;
(j) administer the schemes and rules and regulations,
for grant-in-aid and other financial assistance to
public libraries, public library associations and
recognized training institutions and sanction and
disburse such grant -in-aid and other financial
assistance in accordance with the scheme, rules
and guidelines made in this behalf from time to
time;
(k) prepare and submit report as required under
section 22;
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(l) exercise such other powers and perform such
other functions and duties, as may be
conferred or imposed on him by or under this
Act and the rules .
CHAPTER IV
Public Library System
13. Establishment And Management of Public
Libraries.-(1) The State Government may establish and maintain
State Central Library for the State and Divisional Library for a
division , District Library for a district , Panchayat Samiti Library
for a Panc hayat Samiti and such other village libraries as it may
think necessary .
(2) Every library establishment under sub -section (1) shall be
managed , organised and developed by the Director.
14. Constitution of Library advisory Committee. -(1)
There shall be constituted for each library a Library Advisory
Committee.
(2) Library Advisory Committee for the State Central
Library, Divisional Library and District Library shall be constituted
by the State Government .
(3) Library Advisory Committee for the Libraries other than
those mentioned in sub -section (2) shall be constituted by the
Director.
(4) The constitution and functions of the Library Advisory
Committees shall be such as may be prescribed.
CHAPTER V
Finance for Public Libraries
15. Budget for Public Libraries . -(1) The Director shall
prepare , every year, the annual budget proposal for the Directorate of
Public Libraries for plan and non -plan expenditure and submit it to
the State Government .
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(2) The Director shall utilise the grant so sanctioned to defray
the expenditure for the following purposes , namely:-
(a) to carry out the purposes of this Act and rules;
(b) to establish new public libraries in the State ;
(c) to maintain and develop the public libraries in the
State ;
(d) for the payment of grant -in-aid and other
financial assistance to the public libraries.
public library associations;
(e) for such other purposes as may be prescribed.
16. State Library Development Fund. -(1) There shall be a
fund to be called the State Library Development Fund for
modernization and development of public in the State .
(2) The State Library Development Fund shall consist of –
(a) grant received from the State Government other
than the grant specified in sub -section (2) of
section 15;
(b) any contributions or special grants from the
Central Government for modernization and
development of public libraries ;
(c) all money received by way of contributions or
gifts made by the public or any other agency for
modernization and development of public
libraries .
(3) The money in the State Library Development Fund
shall be utilize by the Director in consul tation with the Council to
defray the expenditure for the following purposes , namely:
(a) modernization and development of public
libraries in the State;
(b) payment of allowances to the members of the
Council under section 10;
(c) such other purposes as may be prescribed .
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17.Vesting of property held for purpose of public
libraries.-All property movable and immovable held or acquired
for the purpose of any public library established and maintained by
the State shall vest in the State Government
CHAPTER VI
Recognition of Public Libraries and
Public Library Associations
18. Recognition of public libraries. -The Director may , in
accordance with the rules and subject to any general of special orders
of the State Governmen t made in this behalf , recognize any library
run by any voluntary agency registered under the Rajasthan Societies
Registration Act, 1958 (Act No.28 of 1958) or under the Rajasthan
Public Trust Act,1959 (Act No.42 of 1959) or any library run by
local authority , open for use to the public, as a public library for the
purpose of payment of grant-in-aid or other financial assistance to it
19. Recognition of public library association. -With a
view to providing an incentive to library activities in the Sta te, the
Director may , in accordance with the rules, recognize any public
library association in the State, registered either under the Rajasthan
Societies Registration Act,1959 (Act no.28 of 1958) or the Rajasthan
Public Trust Act,1959 (Act No.42 of 1959) for the purpose of
payment of grant-in-aid or other financial assistance to it.
CHAPTER VII
Reports and Inspection
20. Reports and returns.- Every person who is incharge of
the management of a public library and every person who is
incharge of public libraries association shell submit such reports and
returns and furnish such information as the Director may, from time
to time require, to the Director or any pers on authorised by him in
this behalf.
21. inspection of pubic libraries and public library
association.- The Director or an officer authorised by him in this
behalf shall have power to inspect public libraries and public libraries
associestion or any ins titution attached thereto or any institution
conducting the training courses in libeaey service and library and
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information sciense receving financil assistance ,for the purpose of
satisfying himself that the provisions of th is Act and the rules made
thereunder are carried out.
22. Submission of Annual Report.- within six months
from the end of every year, the Di rector shall prepare an annual
report, on the working and administration of ,and the progress made
by, public libraries and public li brary association in at year to gather
with such information and particulars as may be prescribed and
submit the same to the State Government.
Chapter viii
Miscellaneous
23. Member of the Council to be public serv ant.-All the
members of the Council shall ,while acting or purpo rting to act in
pursuance of the provisions of this Act or any rules and regulations
made thereunder, be deemed to be public servants within the meaning
of section 21 of the Indian penal code,1860 ( Central Act No.45 of
1860).
24. Protection of action taken in good faith. - No suit,
prosecution or other legal proceedings shall lie against the Council or
any member and officer or servant for anything which is in good faith
done or intended to be done in pursuance of the provisions of this Act
or any rules and regulations made thereunder.
25. Acts and proceedings of the Council presumed to be
valid,- No act or proceeding of the Council or of any of its
committees shall be invalid merely by reasons of –
(a)any vacancy therein or a ny defect in constitution thereof ;
or
(b) any irregularity in its procedure not affecting the merits of
the case.
26. Power to make rules. -(1) The State Government may,
by notification in the Official Ga zette,make rules for carrying out the
purposes of this Act.
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(2) In particular and with out prejudic e to the generality of
the forgoing power, such rules may be made to provide for all or any
of the following matters namely:-
(a) the powers, duties and functions to be performed by the
Chairperson under sub-section (3) of section 3;
(b) the expenditure out the State Library Development
Fund to be approved under clause (ii) of section 5;
(c) such other powers and functions which may be
exercised and performed by the Council under clause (xvi) of section
5;
(d) the allowances payable to members of the Council and
its committee and the rates at which they shall be payable under
section 10;
(e) other powers, functions and duties to be exercised and
performed by the Director under clause (1) of sub -section (2) of
section 12;
(f) constitution and function of the Library Advisory
Committee tobe constituted under Section 14;
(g) other purposes for which the sanctioned grant may be
utilized under clause(e) of sub-section (2) of section 15;
(h) other purposes for which State Library Development
Fund may be utilized under clause (C) of sub-section (3) of section
16;
(i) rules for recognition of public libraries under section
18;
(j) rules for recognition of public library associations
under section 19;
(k) the information and particulars to be included in the
annual report under section 22;
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(l) any other matter which is to be or may b e prescribed
under this Act,
(3) All rules made under this Act shall be laid,as soon as may
be after they are so made, before nthe House of the St ate Legislature,
while it is in session, for a period of not less then fourteen days
which may be comprised in one session or in two successive sessions
and if befor e the expire of the session in which they are so laid or
the session immediately following, the House of the State Legislature
makes any modification in any such rules or resolves that any such
rules should not be made,such rule shall there after have effect only in
such modified from or be of no effect, as the case may be, so
however, that any such modificat ion or annulment shall be with out
prejudice to the validity of anything previously done there under.
27. Power to make regulations .-(1) The Council may
make regulations not inconsistent with the provisions of this Act and
the rules made the reunder enabling it to discharge its functions under
this Act.
(2) In particular and without prejudice to the fore going
powers, such regulations may provide for all or any of the following
matters, namely:-
(a) the time, date and place at which the Council shall meet
and the rules of procedure the Council shall observe in
regard to transaction of its business at its meeting under
sub-section(1) of section 8;
(b) Committees which the Council may constitute, the
number of member which the committee may consi st
of and functions wh ich may be performed by such
committee under section 9.
Xkqeku flag]
Secretary to the Government.
Government Central Press, Jaipur