The West Bengal Public Libraries Act, 1979

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XXXIX of 1979 
THE WEST BENGAL PUBLIC LIBRARIES 
ACT, 1979. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 7th January, 1980.] 
[7th January, 1980.] 
An Act to provide for the establishment of public libraries in the State 
of West Bengal and to regulate, guide, control, supervise and to grant 
recognition to the existing libraries in the State as also to provide for 
a comprehensive rural and urban library service in the State of West 
Bengal. 
WHEREAS it is expedient to provide for the establishment of public 
libraries in the State of West Bengal, and to regulate, guide, control, 
supervise and to grant recognition to the existing libraries in the State as 
also to provide for a comprehensive rural and urban library service in the 
State of West Bengal; 
It is hereby enacted in the Thirtieth Year of the Republic of India, by 
the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary. 
1. (1) This Act may be called the West Bengal Public Libraries Act, Short title, 
1979. 	 extent and 
commence- 
(2) It extends to the whole of West Bengal. 	 meat. 
(3) This section shall come into force at once and the remaining 
sections shall come into force on such date or dates as the State Government 
may, by notification in the Official Gazette, appoint and different dates 
may be appointed for different sections of this Act. 
2. In this Act, unless the context otherwise requires,— 
(a) "aided library" means a recognised library receiving aid from 
the Government, or from a Local Library Authority; 
(b) "Central Library" means a library declared by the State 
Government by notification as the Central Library; 
Definitions. 
337 
The West Bengal Public Libraries Act, 1979. 
[West Ben. Act 
(Chapter 11.—The State Library Council.—Sections 3, 4.) 
(c) "Director" means the Director of Public Libraries appOinted 
under section 6; 
(d) "district" means a revenue district; 
(e) "District Library" means a library in a district established or 
recognised by the Government as the District Library; 
(f) "Government" means the Government of the State of West 
Bengal; 
(g) 'notification" means a notification published in the Official 
Gazette; 
(h) "prescribed" means prescribed by rules made under this Act; 
(i) "private library" means a library other than an aided, 
recognised or a public library; 
(j) "public library" means a library established or maintained by 
the Government or by a Local Library Authority; 
(k) "recognised library" means a library recognised by the Director 
and declared as such for the purposes of this Act. 
CHAPTER II 
State Library 
Council and 
its functions. 
Composition 
of the 
Council. 
The State Library Council. 
3. (1) The Government shall constitute a State Library Council 
(hereinafter referred to as the Council) for the purpose of advising the 
Government on the management of the Central Library, on matters of 
public library system and on such other matters relating to libraries and 
library service as may be referred to it. 
(2) The Council shall, in consultation with Local Library Authorities 
constituted under Chapter III, also formulate the principles governing the 
eligibility of private libraries to receive recognition or aid under this Act. 
(3) The Council shall exercise such powers and perform such duties 
as may be prescribed. 
4. (1) The Council shall consist of:— 
(a) the Minister-in-charge of Library Services who shall be 
the Chairman of the Council; 
(b) four persons to be elected by the members of the West Bengal 
Legislative Assembly from amongst themselves; 
(c) four persons to be nominated by the Government representing 
the interests of Universities, the West Bengal Board of 
Secondary Education and the West Bengal Council of Higher 
Secondary Education from amongst their members; 
338 
The West Bengal Public Libraries Act, 1979. 
XXXIX of 1979.] 
(Chapter II.—The State Library Council.—Section 5.) 
(d) two representatives of the Bengal Library Association to be 
nominated by the Executive Committee of the said Association 
from amongst its constituted members; 
(e) one representative of the employees of the libraries that will 
come under the purview of this Act to be elected in the 
member prescribed; 
(f) two persons elected by the Local Library Authorities from 
amongst the members of such authorities in the manner 
prescribed; 
(g) one District Library Officer to be nominated by the 
Government; 
(h) one District Librarian to be nominated by the Government; 
(i) the Secretary to the Government in the Education Department 
or his nominee; 
(j) the Director of Public Instruction, West Bengal or his nominee; 
(k) four persons to be nominated by the Government who in its 
opinion are experts in library science and library service; 
(1) the Deputy Director of Public Instruction (Social Education), 
West Bengal; 
(m) the Director of Information and Cultural Affairs or his 
nominee; 
(n) the Librarian, Central Library; 
(0) the Librarian of the National Library, Calcutta; 
(p) the Director who shall be the ex-officio Member-Secretary 
of the Council. 
(2) The members, other than the ex-officio members, shall hold office 
for a period of three years: 
Provided that if a nominated or an elected member ceases to hold the 
position by virtue of which he was so nominated or elected, he shall 
automatically cease to be a member of the Council. 
5. The Central Library shall, in addition to running a library and a 
reading room, perform such other functions as may be entrusted to it from 
time to time by the Government or any other officer authorised by the 
Government in that behalf. 
Functions of 
the Central 
Library. 
339 
The West Bengal Public Libraries Act, 1979. 
[West Ben. Act 
(Chapter 11.—The State Library Council.—Sections 6, 7.) 
Appoint-
inent and 
functions of 
Director. 
Directorate 
of Libraries. 
6. The Government shall appoint a Director of Libraries in accordance 
with the rules made under this Act and the Director shall, subject to the 
control of the Government, discharge the following functions:— 
(a) maintain a register of recognised libraries; 
(b) manage the Central Library together with the branches of 
such library and shall superintend and direct all matters 
relating to the Central Library; 
(c) declare, in accordance with the rules made under this Act, by 
notification, the names and addresses of the recognised 
libraries in the State; 
(d) superintend and direct all matters relating to the work of all 
local library authorities under this Act; 
(e) submit to the Government in accordance with rules made 
under this Act a report on the working of all libraries under 
this Act; 
(f) inspect or cause to be inspected periodically through officers 
authorised in this behalf all the public and recognised libraries; 
(g) take steps for removal of defects in the working of any such 
library as the reports on inspection of the libraries by the 
officers authorised under clause (f) may disclose and take 
measures for enforcing the rules as may be made in this behalf 
and in appropriate cases obtain approval of the Government 
for derecognition of the library or discontinuance of financial 
and other assistance to such library in the event of persistent 
failure to abide by the rules made under this Act or otherwise 
which in his opinion warrants such action; 
(h) guide, control and supervise the functioning of the libraries; 
(i) take appropriate steps for prosecution of persons responsible 
for any loss or injury caused to any library; and 
(j) perform such other duties and exercise such other powers in 
accordance with this Act or the rules made thereunder. 
7. (1) There shall be a "Directorate of Libraries" to be constituted 
by the Government for the puposes of this Act with such number of 
officers and employees as may be prescribed. 
(2) The officers and staff of the Directorate of Libraries shall be 
wholetime Government employees and the terms and conditions of their 
services shall be such as may be prescribed. 
340 
The West Bengal Public Libraries Act, 1979. 
XXXIX of 1979.] 
(Chapter 111.—Local Library Authorities.—Section 8.) 
CHAPTER III 
Local Library Authorities. 
8. (1) For the purpose of organizing and administering pulic libraries 
in the State, there shall be constituted by the Government Local Library 
Authority for each district. 
(2) The Local Library Authority for each district shall consist of:— 
(i) the District Magistrate of the district who shall be the 
Chairman; 
(ii) the District Library Officer, who shall function as ex-officio 
Member-Secretary of the Local Library Authority; 
(iii) the District Social Education Officer; 
(iv) two representatives of the Associations of the employees of 
the different public libraries to be nominated by the 
Government; 
(v) two members to be nominated by the Government from 
amongst the Commissioners of the Municipalities within the 
district; 
(vi) two representatives of the district branch of the Bengal 
Library Association to be nominated by the Executive 
Committee of the said Association; 
(vii) one person to be nominated by the Sabhadhipati from amongst 
the members of the Zilla Parishad in the district; 
(viii) two persons nominated by the Government from amongst the 
members of the Panchayat Samitis in the district; 
(ix) two persons nominated by the Government, of whom— 
(a) one shall be a member of the Governing Bodies of 
recognised libraries in the district, and 
(b) the other from the Advisory Committees, if any, of the 
libraries under the District Library; 
(x) a teacher of a College or Polytechnic in the district to be 
nominated by the Government; 
(xi) a teacher of a High School or a Higher Secondary School in 
the district to be nominated by the Government; 
(xii) a teacher of a Primary School in the district to be nominated 
by the Government; 
(xiii) two M.L.A.s of the district to be nominated by the Government; 
(xiv) the Librarian/Librarians of the District Library/Libraries. 
Constitution 
of Local 
Library 
Authorities. 
341 
The West Bengal Public Libraries Act, 1979. 
[West Ben. Act 
(Chapter 111—State Library Council.—Sections 9-11.) 
(3) The members, other than the ex-officio members, shall hold office 
for a period of three years: 
Provided that if a nominated or an elected member ceases to hold the 
position by virtue of which he was so nominated or elected, he shall 
automatically cease to be a member of the Local Library Authority. 
Local 
Library 
Authority 
shall be a 
body 
corporate. 
Power of a 
Local 
Library 
Authority. 
Vesting of 
properties in 
Local 
Library 
Authorities. 
9. Every Local Library Authority shall be a body corporate, by the 
name of the area for which it is constituted, shall have perpetual succession 
and a common seal, and may sue or be sued in its corporate name, and shall 
have the right of acquiring, holding or transferring property, movable or 
immovable, of entering into contracts and of doing all things necessary, 
proper or expedient, for the purposes for which it is constituted. 
10. A Local Library Authority may— 
(a) provide suitable lands and buildings for public libraries and 
also the furniture, fittings, materials and conveniences 
requisite therefor; 
(b) stock such libraries with books, periodicals, newspapers, 
maps, works and specimens of art and science, lantern slides, 
cinema reels and any other thing suitable for the purpose; 
(c) employ from time to time such officers and staff for such 
libraries in the manner prescribed; 
(d) with the previous sanction of the Government, close or 
discontinue any public library organised or run by it or 
change the site thereof; 
(e) recommend to the Director for withdrawal of recognition of, 
or discontinuance of Government grant to, any public library; 
(f) accept, with the previous sanction of the Director, any gift 
of books, or, with the previous sanction of the Government, 
any other gift or endowment for any purpose connected 
with its activities; 
(g) provide for lectures and seminars on topical subjects and the 
holding of classes; and 
(h) in general, do everything necessary to carry out the purposes 
of this Act. 
11. All property, movable and immovable, acquired or held for the 
purpose of any public library in any area shall vest in the Local Library 
Authority of that area. 
342 
The West Bengal Public Libraries Act, 1979. 
XXXIX of 1979.1 
(Chapter 111.—Local Library Authorities.—Sections 12-14.) 
12. Subject to the provisions of this Act and the rules made thereunder, 
a Local Library Authroity may, with the previous approval of the 
Government, make regulations generally to carry out the purposes of this 
Act and, without prejudice to the generality of this power, such regulations 
may provide for— 
(a) the admission of persons to public libraries in its area on such 
conditions and on payment of such fees as it may specify; 
(b) requiring from persons desiring to use such libraries, any 
guarantee or security against injury to, or misuse, destruction 
or loss of the property of such libraries; 
(c) the manner in which the property of such libraries shall be 
used to ensure the protection of such property from injury, 
misuse, destruction or loss; and 
(d) authorise its officers and employees to exclude or remove 
from any such library any person who contravenes or fails to 
comply with the provisions of this Act or the rules or 
regulations made thereunder. 
13. (1) If, at any time, the Government is of opinion that any 
regulation made under this Act by a Local Library Authority should be 
cancelled or modified either wholly or in part, it shall cause the reasons for 
such opinion to be communicated to such Local Library Authority, and 
shall specify a reasonable period within which such Local Library Authority 
may make any representation with regard thereto which it may think fit. 
(2) After receipt and consideration of any such representation, or, if 
in the meantime no such representation is received, after the expiry of the 
specified period, the Government may, at any time, by notification cancel 
or modify such regulation, either wholly or in part. 
(3) The cancellation or modification of a regulation under sub-section 
(2) shall take effect from such date as the Government may in the said 
notification direct, or if no such date is specified, then from the date of 
publication of the said notification except as to anything done or suffered 
or omitted to be done before such date. 
14. A Local Library Authority may appoint an executive committee 
consisting of such number of its members as it may deem fit and delegate 
to such committee such of its powers or duties under this Act as may be 
prescribed. 
Regulations 
by Local 
Library 
Authorities. 
Power to 
Government 
to cancel or 
modify 
regulations. 
Executive 
Committee. 
343 
The West Bengal Public Libraries Act, 1979. 
[West Ben. Act 
(Chapter 111.—Local Library Authorities.—Sections 15, 16.— 
Chapter IV.—Finance and Accounts.—Section 17.) 
Preparation 
of scheme. 
District 
Library 
Officer and 
District 
Librarian. 
Library 
Fund. 
15. (1) As soon as possible after a Local Library Authority is 
constituted, and thereafter if required by the Director, every Local 
Library Authority shall prepare a scheme for establishing libraries and for 
spreading library service within its area and submit it to the Director for 
sanction. The Director may sanction it with such modifications and 
additions, if any, as he may think fit and the Local Library Authority shall 
give effect to the scheme as may be sanctioned by the Director. 
(2) The Director may suo motu or on an application by the Local 
Library Authority concerned modify any scheme sanctioned under sub-
section (1) or replace it by a new scheme. 
16. (1) The Government shall appoint a person to be called the 
District Library Officer on such terms and conditions as may be prescribed 
and he shall generally, subject to the control of the Director, direct, 
superintend and manage the affairs of the libraries in a district. 
(2) (i) The Government shall, in consultation with the Local Library 
Authority, place a person in charge of a District Library to be called the 
District Librarian with such qualifications and on such terms and conditions 
as may be prescribed; 
(ii) The District Librarian shall, subject to the control of the Local 
Library Authority, manage the affairs of a District Library. 
CHAP 1E,R IV 
Finance and Accounts. 
17. (1) Every Local Library Authority shall maintain a library fund 
out of which payments under this Act shall be met. 
(2) There shall be credited to the library fund the following sums— 
(a) contributions, gifts and income from endowments made 
to the Local Library Authority for the benefit of public 
libraries; 
(b) grants which the Government may make for the general 
maintenance or for any specific purpose connected with 
libraries or social education; 
(c) any amount collected by the Local Library Authority 
under any rules or regulations made under this Act. 
344 
The West Bengal Public Libraries Act, 1979. 
XXXIX of 1979.] 
(Chapter IV—Finance and Accounts.—Section 18.—
Chapter V.—Miscellaneous.—Sections 19-23.) 
18. (1) An account of all assets and liabilities of each Local Library 
Authority and of all contributions, gifts and income from endowments, 
grants made by the Government, any amount collected by the Local 
Library Authority under any rules made under this Act shall be maintained 
in the prescribed manner. 
(2) The account shall be audited annually in such manner and by such 
officer or authority as may be prescribed. A copy of the audit report shall 
be submitted to the Government in the prescribed manner. 
Accounts 
and audit. 
CHAPTER V 
Miscellaneous. 
19. No act of the Council or of a Local Library Authority shall 
be deemed to be invalid by reason only of the existence of any vacancy, 
initial or subsequent, or any defect, in the constitution of the Council or 
the Authority. 
20. Every Local Library Authority and every person-in-charge of a 
public library shall submit such reports and returns and furnish such 
information to the Director or any person authorised by him in this behalf 
as the Director or the person so authorised may, from time to time, require. 
21. The Director or any person authorised by him in this behalf may 
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 duly carried out. 
22. (1) Whoever contravenes any provision of this Act or of any 
rules made thereunder shall, if no other penalty is provided therefor in any 
other Act, be punishable with fine which may extend to two hundred and 
fifty rupees or if having been previously convicted of such offence is again 
convicted of an offence under this Act, with fine which may extend to five 
hundred rupees. 
(2) No court shall take cognizance of any offence under this Act 
except on a written complaint made by the Director or by any person 
authorised by the Director in this behalf. 
23. (1) The Government may, by notification, make rules for 
carrying out the purposes of this Act. 
Validation 
of acts. 
Reports and 
returns. 
Inspection of 
public 
libraries. 
Penalty. 
Power to 
make rules. 
345 
The West Bengal Public Libraries Act, 1979. 
[West Ben. Act XXXIX of 1979.] 
(Chapter V.—Miscellaneous.—Section 24.) 
Amendment 
to the Press 
and 
Registration 
of Books 
Act, 1867. 
(2) In particular and without prejudice to the generality of the foregoing 
power, such rules may provide for all or any of the matters which may be 
or are required to be prescribed or made by rules. 
(3) All rules made under this section shall, as soon as may be, after 
they are made, be laid before the House of the State Legislature for 14 days 
and shall be subject to such modification as the State Legislature may 
make during the session in which they are so laid. 
24. The Press and Registration of Books Act, 1867, shall, in its 25 of 1867. 
application to the State of West Bengal, be amended as follows:— 
(1) for clause (a) of the first paragraph of section 9, the 
following clause shall be substituted:— 
"(a) in any case, within one calendar month after the day 
on which any book shall first be delivered out of the 
press, three such copies and"; 
(2) in section 11, for the first paragraph, the following 
paragraph shall be substituted:— 
"Out of the three copies delivered pursuant to clause (a) .  
of the first paragraph of section 9 of this Act, one copy shall 
be sent to the Central Library, and the remaining copies 
shall be disposed of in such manner as the Government may 
from time to time determine.". 
346 

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