LexThe Uttar Pradesh Public Libraries Act, 2006
Uttar Pradesh · state statute
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No. 1020/VII-V-I-1(Ka)-26-2006
Dated Lucknow, September 04, 2006
IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India the Governor is
pleased to order the publication of the following English translation of the Uttar Pradesh Sarwjan ik Pustakalaya
Adhiniyam, 2006 (Uttar Pradesh Adhiniyam Sankhya 21 of 2006) as passed by the Uttar Pradesh Legislature and
assented to by the Governor on September 01, 2006.
Short title and
commencement
Definitions
TTHHEE UUTTTTAARR PPRRAADDEESSHH PPUUBBLLIICC LLIIBBRRAARRIIEESS AACCTT,, 22000066
(U.P. Act No. 21 of 2006)
(As passed by the Uttar Pradesh Legislature)
AN
ACT
to provide for the establishment, organization, maintenance and development of Public
Libraries.
WHEREAS it is expedient to provide for the establishment, o rganization,
maintenance and development of free and effective rural and urban Public Libraries
and other allied services in the State of Uttar Pradesh;
IT, IS HEREBY, enacted in the Fifty -seventh Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Uttar Pradesh Public Libraries Act, 2006.
(2) It shall be deemed to have come into force on August 11, 2006.
2. In this Act,-
(a) ‘Book’ includes,-
(i) every volume, a part or division of a volume and pamphlet, in any
language, newspapers, periodicals, serial publications and manuscripts;
(ii) sheet of music, map, chart or plan separately printed or lithographed;
mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006 11
(iii) Audio-visual, Audio and Visual materials such as tapes,
cassettes, films, filmstrips, micro card, microfilm, computer floppy, compact
disk, photograph etc. ;
(b) ‘Chairman’ means the Chairman of the State Library Council
constituted under this Ordinance;
(c) ‘Council’ means the ‘State Library Council’ constituted under
this Ordinance;
(d) ‘Director’ means the Director of Public Libraries, referred to in
section 6;
(e) ‘District‘ means a Revenue District of the State;
(f) ‘Officer on Special Duty(Libraries)’ means an officer having
professional qualification in Library Science not below the rank of Deputy
Director appointed by the State Government to look after the affairs of
Libraries;
(g) ‘Public Library’ means a library established, maintained and
managed by the State Government, a local body or other organisation
receiving aid from State Government and declared open to the public and
shall include any other library recognized by notification by the State
Government;
(h) ‘Aided Library’ means a Library declared as such by the State
Government;
(i) ‘Year’ m eans a period of twelve months commencing on the first
day of April of a calendar year.
CHAPTER II
ADVISORY COMMITTEES
3. (1) As soon as may be after the commencement of this Act, the State Government
shall by notification, constitute for t he purpose of this Act, a Council to be called the State
Library Council.
Constitution and
function of the
State Library
Council
(2) The State Library Council shall consist of :-
1. the Minister, Secondary Education Department,
Government of Uttar Pradesh;
Chairperson
2. the Principal Secretary or the Secretary as the case may
be, to the Government of Uttar Pradesh, Secondary Education Department;
Vice-Chairperson
3. the Principal Secretary to the Government of Uttar
Pradesh, Finance Department, or his nominee not below the rank of
Special Secretary;
Member
4. the Principal Secretary to the Government of Uttar Pradesh,
Culture Department or his nominee not below the rank of Special
Secretary;
Member
5. the Principal Secretary to the Government of Uttar Pradesh,
Planning Department or his nominee not below the rank of Special
Secretary;
Member
6. the Special Secretary, to the Government of Uttar Pradesh,
Secondary Education Department nominated by the Secretary, Secondary
Education;
Member
7. the Director, Secondary Education Department, Uttar
Pradesh;
Member
8. the Librarian, Central State Library, Secondary Education
Department, Uttar Pradesh;
Member
12 mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006
9. One person nominated by the Uttar Pradesh
Library Association ;
Member
10. One Library Officer nominated by the State
Government ;
Member
11. One person nominated by the Chairman Raja
Ram Mohan Roy Library Foundation, Kolkata ;
Member
12. the Officer On Special Duty (Library Cell),
Secondary Education Department, Government of Uttar Pradesh.
Member/
Secretary
(3) The Council shall advise the State Government on all matters arising in the
administration of this Act. It shall exercise such powers and perform such functions as
may be prescribed.
(4) The tenure of the members specified at serials 9 to 11 shall be two years.
(5) The Headquarters of the Council shall be at Lucknow.
Constitution and
functions of the
State Standing
Committee
4. (1) There shall be a State Standing Committee consisting of,-
1. the Principal Secretary or the Secretary as the case may be, to
the Government of Uttar Pradesh, Secondary Education
Department;
Member
2. the Principal Secretary, to the Government of Uttar Pradesh,
Finance Department, or his nominee not below the rank of
Special Secretary;
Member
3. the Principal Secretary, to the Government of Uttar Pradesh,
Planning Department or his nominee not below the rank of
Special Secretary;
Member
4. the Special Secretary, to the Government of Uttar Pradesh,
Secondary Education Department nominated by the Secretary,
Secondary Education;
Member
5. the Director, Secondary Education Department, Uttar
Pradesh;
Member
6. the Officer On Special Duty (Library Cell), Secondary
Education Department, Government of Uttar Pradesh;
Member/
Secretary
(2) The State Standing Committee shall ensure the implementation of the decisions
and suggestions made by the State Library Council. It shall plan, monitor and execute plans
and projects in connection with the Public Library Development in the State. It shall also look
after the Library work entrusted to it by the Ministry of Education, Government of India,
Department of culture, the State Library Council or any other outside agency connected with
the Public Library Development.
(3) Without prejudice to the provisions contained in sub section (2) the functions of
state standing committee shall also be,-
(a) to enunciate and promote public library policy and system;
(b) to process, plan and prepare budget and other financial proposals in connection
with the development of public libraries;
(c) to monitor and evaluate the growth of public libraries and library system;
(d) to plan, supervise, control and coordinate central acquisition, procurement and
distribution of books and other material;
mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006 13
(e) to recognize voluntary public libraries and library associations;
(f) to coordinate and supervise the activities of the public libraries of the State;
(g) to process matters concerning the library council and the standing committee;
(h) to adopt measures for establishing cooperation and liaison among library
services rendered by other departments;
(i) to process matters concerning other library services under the Education
Department;
(j) to establish liaison with professional bodies and associations within and
outside the State;
(k) to advise on matters concerning libraries under other departments of the State
Government;
(l) to organize “continuing education programs” for librarians in public library
system such as refresher course etc.;
(m) to perform such other functions as may be assigned to it by the State
Government from time to time.
5. (1) There shall be a District Library Committee in each district of the State
consisting of,-
Constitution and
functions of a
District
Library
Committee
1. the District Magistrate Chairperson
2. the Chief Development Officer Vice-Chairperson
3. the Principal, District Institute for
Education & Training
Member
4. the Secretary, District Literacy
Committee
Member
5. the District Yuva Kalyan Adhikari Member
6. one person nominated by the Pensioners
Association
Member
7. the District Inspector of Schools. Member
8. the District Information Officer or the
Assistant Director Information
Member
9. the Nominee of Chairman, Zila Panchayat Member
10. the Chairman, Nagar Panchayat or his
Nominee.
Member
11. the Librarian of a Degree College of the
district to be nominated by the District
Magistrate.
Member
12. the Principal of a Government Inter
College to be nominated by the District
Magistrate.
Member
13. One representative of Mahila Mangal Dal Member
14. One Representative of District Library
Association
Member
15. the Coordinator, Nehru Yuva Kendra Member
16. The Librarian District Government
Library, if any
Member/
Secretary
(2) Where there is no Librarian of District Government Library in any district the
member specified at serial 12 shall be the Member- Secretary.
14 mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006
(3) The District Library Committee shall prepare plans for the development
of Public Library System in the District and monitor the progress thereof. It shall also
perform such other functions as may be prescribed.
The Director of
Public Libraries
Functions of the
Director
CHAPTER- III
DIRECTOR OF PUBLIC LIBRARIES
6. The Director of Secondary Education, Uttar Pradesh shall be the Director
of Public Libraries and be responsible for the proper administration and operation of
the provisions of this Act.
7. Subject to the control of the State Government, the Director shall,-
(a) prepare and submit to the Government the annual budget, annual
and five year plans for the development of public library system
and services in the State;
(b) collect descriptive and stati stical report and data on the working
of all Public Libraries, including Government aided Public
Libraries;
(c) fix minimum standards of library and information services by
various Public Libraries and ensure that the public libraries of the
State maintain such standards;
(d) ensure, organize, support the in -service training of various types
of library workers;
(e) ensure the proper inspection of the Public Libraries in the State;
(f) supervise and coordinate the performance of all public libraries;
(g) ensure proper fun ctioning of the Library Committees at District
level;
(h) prepare and submit annual report in connection with the
development of Public Library Services;
(i) exercise such other powers and perform such other duties as may
be conferred on or assigned to him by th e State Government from
time to time.
State Level
Libraries
Functions of the
State Central
Library
CHAPTER-IV
STRUCTURE OF THE PUBLIC LIBRARY SYSTEM AND FUNCTIONS OF
VARIOUS STATE CENTRES and LIBRARIES
8. There shall be two State level libraries in the State, of which one shall be the State
Central Library at Allahabad and the other shall be the State Reference Library at
Lucknow.
9. The functions of the State Central Library shall be,-
(a) to procure and organize all reading material useful for the general public;
(b) to provide facility of self-reading to the general public;
(c) to act as a supplement to other public libraries in the State;
(d) to organize book exhibitions, lectures, seminars and other activities, etc. for
promoting reading habits among public at large;
(e) to act as an agency to disseminate information relating to various development
schemes/welfare programmes of the State and the Central Government;
(f) to provide book lending services to the general public in such manners as may be
prescribed;
(g) to plan and co -ordinate library co -operation among public libraries in the State
including inter-library loan service;
mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006 15
(h) to provide reading facilities and special services to handicapped;
(i) to work as an apex institution in public library system of the State;
(j) to procure and make available literatures suitable for neoliterates as
a support system for various adult education programmes in the State;
(k) to promot e Computerization in Public Libraries of the State and
organize training programmes for the benefit of professionals working
in Public Libraries;
(l) to carry out such other work as may be entrusted to it by the State
Library Council or the Director for the Development of Public
Library system and service in the State.
10. The functions of the State Reference Library shall be,-
(a) to procure all useful material published in the State;
(b) to compile a computerized union catalogues of Public Libraries in
the State;
(c) to compile and publish comprehensive bibliographies on various
subjects for the benefits of scholars and researchers, especially in the
field of “humanities” and “social sciences”;
(d) to provide reading facilities to general public for re ference and
research purposes;
(e) to acquire the handwritten rare manuscripts available at different
places in the State and to compile and publish comprehensive
bibliographies of such rare manuscripts;
(f) to preserve rare manuscripts with the help of chemical treatment
or/and microfilming;
(g) to compile a union catalogue of manuscripts available in different
libraries of the State;
(h) to carry out various documentation activities and news paper
clippings on important aspects of general interest;
(i) to examine and evaluate the old and unuseful collection of
public libraries for declaring such material unuseful after identifying
the material having permanent significance;
(j) to promote library co-operation on different aspects of library
operations including inter -library lending for the benefit of readers in
other public libraries;
(k) to participate, in various existing computerized library network
such as “DELNET” etc. for the benefit of users;
(l) to carry out any work entrusted by State Library Council or
Director for the development of public library system in the State;
Functions of the
State Reference
Library
11. There shall be a Government District Library in each District. A District
Library shall f unction as an apex library for the district library system in addition to
functioning as a lending and reference library for the district. The District Library shall, -
(a) collect useful and standard literature and other reading material,
audio- visual equipment for the use of the public;
(b) collect material of regional/local interest;
(c) provide reference, information and lending services and help in
promotion and extension of reading habits;
(d) supplement the collection of branch/ tehsil/ block/ village libraries
and libraries run by other agencies;
(e) encourage and supervise inter library cooperation in the district;
District Libraries
16 mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006
(f) provide mobile library services and establish book delivery
centers wherever necessary;
(g) coordinate and supervise the activities of other Government
branch/ Tehsil/ Block/ Village libraries of the district and mobile
library services;
(h) inspect periodically the other government libraries and other aided
libraries in the district;
(i) provide assistance to the district library committee in the task of
preparation of development plans for the district library system;
(j) perform such other functions as may be entrusted to it by the
District Library Committee.
Finance
CHAPTER-V
FINANCE
12. The library development plan shall form an integral part of the centralized
and decentralized annual and five year plan and non plan budget of the State. The
State Government, if it consider s necessary may also find means and ways to raise
additional resources to support and develop the Public Library System.
Recognition of Public
Libraries and Public
Library Associations
CHAPTER-VI
RECOGNITION
13. (1) The State Governme nt may recognize any library run by the
voluntary organizations registered under the Societies Registration Act, 1860, or any
library run by local authority open for use to the public, as public library for the
purpose of payment of grant-in-aid or other financial assistance to it.
(2) The State Government may, in accordance with the rules, recognise any
public library association in the State registered under the Societies Registration Act,
1860 for the purpose of payment of grant-in-aid or other financial assistance to it.
Reports and
Inspections
CHAPTER-VII
REPORTS AND INSPECTIONS
14. (1) Every person who is in -charge of the management of a public library
and every person who is in charge of public library association shall submit such
reports and returns and furnish such information as the State Government, may from
time to time require.
(2) The Director or an officer authorized by him in this behalf shall have
powers to inspect public libraries and public li brary associations or any institution
attached thereto or any institution conducting the training courses in library service
and library and information science receiving financial assistance, for the purpose of
satisfying himself that the provisions of th is Ordinance and the rules made thereunder
are being carried out.
(3) Within six months from the close of every year, the director shall prepare
an annual report on the working and administration of and the progress made by,
public libraries and public library associations in that year together with such
information and particulars as may be prescribed and submit the same to the State
Government.
Members of the
Council shall be
public servants
CHAPTER VIII
MISCELLANEOUS
15. All the members of the Council while acting or purporting 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.
mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006 17
16. No suit, prosecution or other legal proceedings shall lie against the Council
or any member or servant thereof for anything done or intended to be done in good faith in
pursuance of the provisions of this Act or the rules and regulations made there under.
17. No act or proceeding of the Council or any of its committees shall be invalid
merely by reason of, -
a) any vacancy therein or any defect in constitution thereof, or
b) any irregularity in its procedure.
Protection of
action taken in
good faith
Acts and
proceedings of
the council
presumed to
be valid
18. (1) The State Government may, by notification make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may be made to provide for all or any of the following matters,
namely:-
(a) manner for electing representatives from public library associations
or Library Officers;
(b) the powers, duties and function to be performed by the Chairperson;
(c) such other powers and functions as may be exercised and performed
by the Council;
(d) the allowances payable to the members of the Council and its
Committees and the rates at which they shall be payable;
(e) other powers, functions and duties to be exercised and performed by the
Director or the Library Cell;
(f) the functions to be performed by the district library committees;
(g) recognition of public libraries and public library associations;
(h) the information and particulars to be included in the annual report;
(i) any other matter which is to be or may be prescribed.
Power to make
rules
19. (1) The Council may make regulations not inconsistent with the provisions
of this Act and the rules made thereunder to discharge its function under this Act.
(2) In particular and without prejudice to the foregoing 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 .
(b) other committees which c ouncil may constitute, the number of members
therein and the functions which may be performed by such committees.
Power to make
regulatioins
U.P.
Ordinance
no. 7 of
2006
20. (1) The Uttar Pradesh Public Libraries Ordinance, 2006 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
Ordinance referred to in sub -section(1) shall be deemed to have been done or taken under
this act as if the provisions of this Act were in force at all material times.
Repeal and
savings
18 mRrj izns”k vlk/kkj.k xtV] 4 flrEcj] 2006
STATEMENTS OF OBJECTS AND REASONS
The State Government had been considering for the last ten years to make a law to provide for
regulating, strengthening and extending library services in the State. Requests for such action have also been made
from the Government of India and other sources but due to additional financial implications it could not be done.
Meanwhile enactment on said subject had be en enforced in several states and continued demands for the
enforcement of Library Act were being made from various spheres. After due consideration it was decided to
make a law to provide for the establishment. organization, maintenance and development of public Libraries in the
State.
Since the State Legislature was not in session and immediate legislative action was necessary to
implement the aforesaid division the Uttar Pradesh Public Libraries Ordinance, 2006 (U.P. Ordinance no. 7 of
2006) was promulgated by the Governor on July 31, 2006
This Bill is introduced to replace the aforesaid Ordinance.
By order,
R.M. CHAUHAN,
Pramukh Sachiv.