Keywords : Aided Library, Book, City Library, District Library, Gandhi Pathagar, Library Fund, Library Services, Public Library, Public Library System, Raja Ram Mohan Roy Library Foundation, State Library
*THE ORISSA PUBLIC LIBRARIES ACT, 2001
Orissa Act 3 of 2002
No. 4623-Legis. -The following Act of the Orissa Legislative Assembly having
been assented to by the Governor on the 28th February 2002, is hereby published for
general information
.AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A NETWORK OF
PUBLIC LIBRARIES IN THE STATE OF ORISSAAND TO MAINTAIN,
REGULATE, GUIDE, CONTROL, SUPERVISE, INTEGRATE AND
CONSOLIDATE THE LIBRARIES IN THE STATE AS ALSO TO
PROVIDE FOR A COMPREHENSIVE RURALAND
URBAN LIBRARY SERVICE IN THE STATE AND
FOR MATTERS CONNECTED THEREWITH
OR INCIDENTALTHERETO
Be it enacted by the Legislature of the State of Orissa in the Fifty second
year of the Republic of India as follows:
- (1) This Act may be called in Orissa Public Libraries Act, 2001.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date at the State Government may, by
notification, appoint. - In this Act, unless the context otherwise requires
(a) “aided library” means a library which is open to public and declared
by the Director to be eligible for grant-in-aid from the Library Fund in
the accordance with the rules made under this Act, and includes a
library which is receiving grant-in aid from Government; “book”
includes
(b) every volume, part of division of a volume, and pamphlet, in any
language;
(ii) every sheet of music, map, chart or plan separately printed
or lithographed; and
(iii) newspapers, periodicals, paintings, film slides paper
- Published vide Orissa Gazette Ext. No. 368 dt. 11.3.2002
The Odisha Gazette
EXTRAORDINARY
PUBLISHED BYAUTHORITY
No. 368 Date : 11th March, 2002
Short title and
commencement
Definition
2
manuscripts, plan leaf manuscripts, micro-films and discs
or tape used for audio-visual information or electronic
information for the purpose of providing services to the public;
(c) “City Library” means a public library established or declared as a
City Library under Sub-section (2) of Section 10;
(d) “Council” means the Orissa Public Library Council constituted under
Section 3;
(e) “Director” means the Director of Public Library referred to in Section
7;
(f) “Director, Culture” means Director of Culture Government of Orissa;
(g) “District Library” means a public Library established as a District
Library under Sub-section (1) of Section 10;
(h) “District Library Committee” means as the District Library Committee
constituted under Section 11;
(i) “Gandhi Pathagar” means a library established by Government at
Block level;
(j) “Government” means the State Government
(k) “Library Fund” means the Orissa Public Library Fund maintained
under Section 4;
(l) “Library Fund” means the Orissa Public Library Fund maintained
under Section 12;
(m) “Library services” means the services provided by a Public Library
in relation to lending of books and references, abstracts,
bibliographies and indexes of books and access to information
recorded by electronic media;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “Public Library” means
(a) a library which is open to public and established or maintained
by the Government;
(b) an aided library such as libraries functioning under or other
departments of Governments open to the public and includes
a Gandhi Pathagar with is branches and delivery stations, if
any, and, any other library which may be declared by
Government from time to time, as a Public Library.
(p) “Public Library System” means an organic interlinking of all Public
Libraries in the State into a network to facilitate library services in a
systematic and organized manner;
(q) “Raja Ram Mohan Roy Library Foundation” means the / Raja Ram
Mohan Roy Library Foundation established by the Government of
India for expansion of public library services in the country;
3
(r) “State Library” means the library established by Government at the
State Capital which has been named as Hare Krushna Mahatab
State Library;
(s) “Year” means the financial year.
- (1) For the purpose of advising the Government on matters concerning
the management and development of public library system and library services
in the State formulation of training policies and programmes in relation to such
system and services and such other matters relating thereto as may be prescribed,
the Government may, by notification, constitute a Council to be called the Orissa
Public Library Council.
(2) The Council shall consist of the following members namely;
(a) the Minister-in-Charges of the Department of Tourism and Culture
(Culture) who shall be Chairperson of the Council;
(b) Secretaries to Government in the Departments’ of Tourism and
Culture (Culture), Higher Education, School and Mass Education,
Revenue, Information and Public Relations, Panchayati Raj, Finance
and Information Technology;
(c) Director, Public Libraries who shall be the Member Secretary; and
(d) fifteen other members to be nominated by Government as follows:
(i) one from amongst the members of the Orissa Legislative
Assembly.
(ii) one from amongst the members of Parliament representing
the State of Orissa or any Constituency thereof;
(iii) one from amongst the Chairpersons of Zilla Parishads in the
State:
(iv) one who, in the opinion of Government is an expert in public
library system and library services;
(v) one who is the President of Secretary of any library
association in the State and has rendered valuable service
for the development of library movement and education;
(vi) one from amongst the teachers of Post-graduate Teaching
Department of Library and Information Science of different
University in the State:
Provided that the members specified in Sub-clause (iii) and (vi) shall be
nominated on rotation basis in the manner as may be prescribed.
(iv) one who, in the opinion of Government is an expert in public
library system and library services;
(v) one who is the President of Secretary of any library
association in the State and has rendered valuable service
for the development of library movement and education;
(vi) one from amongst the teachers of Post-graduate Teaching
Constitution of
Orissa Public
Library Council
4
Department of Library and Information Science of different
University in the State:
Provided that the members specified in Sub-clause (iii) and (vi) shall be
nominated on rotation basis in the manner as may be prescribed.
(vii) three representative of rural aided libraries from three Revenue
Divisions of the State of may be nominated by concerned
Revenue Divisional Commissioner;
(viii) three eminent writers, of whom two shall be women, as may
be nominated by the Government;
(ix) two eminent persons from outlying Oriya speaking tracts
across the State border; and
(x) one representative of the book publishers as may be
nominated by the Government.
(3) The term of office of, the procedure to be followed in discharge of their
functions by, and the manner of filing casual vacancies among members of the
Council shall be such as may be prescribed. - (1) The Government shall, as soon as may be, after the commencement
of this Act, by notification, constitute a body to be called the Orissa Public
Library Authority which shall be a body corporate having perpetual succession
and a common seal with power, subject to the provisions of this Act and the rules
made there under, to acquire hold and dispose of property and to enter into
contracts and shall, by the said name, Sue and be sued.
(2) The Library Authority shall consist of
(a) the Minister-in-Charge of the Department of Tourism and Culture (Culture),
who shall be the Chairperson;
(b) The Secretary to Government in the Department of Tourism and Culture
(Culture), who shall be the Working Chairperson; and
(c) Director, who shall be the Member-Secretary; - Subject to the provisions of this Act, the rules, made there under and
the general or special direction, if any, of the Government, the Library Authority
shall exercise the following powers and perform the following functions, namely:
(a) to evolve, and, subject to the approval of Government, finalise
perspective plans for the developments of public library system and
library services in the State which shall be executed by it through
the Director and to co-ordinate, and determine the standard of library
services form village level to State level;
(b) to sanction the opening of Public Libraries subject to availability of
funds;
(c) to decide policy for the selection and purchase of books required
by Public Libraries in the State and, for that purpose, constitute
sub-committed in such manner and consisting of such persons as
Constitution of
Public Library
Authority
Powers and
functions of Library
Authority
5
may be prescribed;
(d) to set up such other sub-committees may be necessary from time
to time to regulate its work;
(e) to approve and submit to Government every year, the audited
statements of accounts and utilization certificates of its funds;
(f) to accept endowments, be quests, donations, grants, and transfer
of any movable and immovable properties made over to the Library
Authority; and
q(g) to exercise such other powers and perform such other functions as
may be prescribed. - (1) The Chairperson shall be the head of the Library Authority and he, or
in his absence the Working Chairperson shall preside over the meetings of the
Library Authority.
(2) The Chairperson shall supervise the implementation of policies and
programmes of the Library Authority and exercise such other powers and perform
such other functions as may be prescribed.
(3) The Chairperson may, in writing delegate such of his powers and
functions as he may consider necessary, to the Working Chairperson. - (1) The Government shall, for the purpose of carrying out the objects of
this Act. constitute a separate Directorate to be called the Directorate of Public
Libraries which shall be headed by the Director of Public Libraries referred to in
Sub-section (2) and shall consist of such other Officers and employees as may
be prescribed by way of restructuring the post attached to the Library Section of
the Existing Directorate of Culture of the Government and State Library with the
staff continuing against those posts in the prescribed manner.
(2) The Director. Culture shall be the Director of Public Libraries. - Subject to the control of the Government, the Director shall (a) be
responsible to implement the plans policies schemes and programmes of the
Library Authority; and
(b) subject to the provision of this Act, exercise such powers and perform
such functions as may be prescribed. - (1) The State Library shall be headed by the Director of Public Libraries
who shall be not below the rank of a Class-I Officer.
(2) The State Library shall function as a reference library and not as a
lending library in respect of the books therein except in cases of inter-library
loans. - (1) The Government may, by notification establish a District Library in
the headquarters of every district and, for the purpose of this section, a District
Library established by Government prior to the commencement of this Act, shall
be deemed to be a District Library established under this Act.
(2) Where the population of any- city, town or any other urban area is two
lakhs or more, the Government may, by notification establish in that area a City
Powers and
functions of
Chairperson and
Working
Chairperson of
Library Authority
Constitution of
Directorate
Powers and functions
of Director
State Library
District and City
Libraries
6
Library or declare an existing library, which is established by it, to be a City
Library, notwithstanding that a District Library already exists in the concerned
district.
Q(1) The Government may, by notification, constitute in the prescribed
manner, a Committee in each district to be called the District Library Committee
to look after the management of library services in the district.
(2) The term of office of, the procedure to be followed in discharge of its
functions by, and the manner of filling casual vacancies among, members of the
District Library Committee shall be such as may be prescribed. - (1) The Library Authority shall have a fund called the Orissa Public
Library Fund to which shall be credited
(a) grants made by Government, Raja Ram Mohan Roy Library
Foundations and other sources of the purpose of Library services in
the State;
(b) contributions, donations and gifts made by any person;
(c) endowments, donations and bequests as may be made by any
non-resident Indian any Corporate House; and
(d) interest on fixed deposits and receipts form any other source.
(2) All moneys credited to the Library Fund shall be deposited in such
Nationalized or Scheduled Banks or invested in such manner and shall be operated
in such manner, as may be prescribed.
(3) The money in the Library Fund shall be utilized for carrying out the
purpose of this Act.
(4) The Director shall keep a proper account of the receipts and expenditure. - (1) The Director shall keep regular accounts of receipts to, and
disbursements from, the library Fund, under the direction of the Chairperson of
the Library Authority, in such manner may be prescribed.
(2) The accounts of the Library Authority and the Library Fund shall be
subject to audit under the Orissa Local Fund Audit Act, 1948.
(3) The Audit report shall be presented by the Director to the Chairperson
and copy of the same shall be sent to the Government with a note of action taken
on the report. - 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 other officer authorised by
him in this behalf. - The Director or any other officer authorised by him or by Government
in this behalf shall have power to inspect any Public Library or any institution
attached thereto, for the purpose of satisfying him that the provisions of this Act
and the rules or orders made there under are carried out.
Orissa public
Library Fund.
Accounts
and Audit.
Reports and
Returns
Inspection of
Public Libraries
Orissa Act
5 of 1948
7 - The Director ˜shall, within six months from the end of every year,
prepare an annual report and the progress made by the Library Authority in
providing library services in the State in that year and submit it to Government
together with such information and particulars as may be prescribed which shall
be laid on the Table of the Orissa Legislative Assembly. - On and after the commencement of this Act, the Government may, for
the purpose of proper and effective management of Public Libraries in the State,
by notification.
(a) transfer any Gandhi Pathagar to a suitable registered voluntary
organization and make provision for grant-in-aid in respect thereof; and
(b) amalgamate two or more Public Libraries into a single Public Library,
in accordance with the rules made under this Act. - No Act or proceedings of the Council, Library Authority or a District
Library Committee shall be invalid on the ground only of the existence of any
vacancy amongst its members, or any defect in the constitution thereof. - (1) The Government may, by notification, make rules of carrying out
the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters, namely:
(a) other matter relating to public library system and library services in
the State on which the Council may advise the Government under
Sub-section (1) of Section 3;
(b) the manner of nomination on rotation basis under the proviso to
Clause (d) of Sub-section (2) of Section 3;
(c) the term of office of the Council procedure to be followed by it and
the manner of filing casual vacancies therein under Sub-section (3)
of Section 3;
(d) Proviso, if any, subject to which the Library Authority shall exercise
its powers and perform its functions, manner and composition of
sub-committees and other powers and functions of the Library
Authority under Section 5;
(e) other powers and functions of Chairperson of Library Authority under
Sub-section (2) of Section 6;
(f) other officers and employees of the Directorate of Public Libraries,
the manner of restructuring the posts and staff of the Directorate of
Culture and the State Library under Sub-section (1) of Section 7
and the qualification and experience of other officers and employees
of the Directorate;
(g) powers and functions of the Director, under Clause (b) of Section 8;
(h) the manner of constitution of District Library Committee the term of
office of its members, the procedure to be followed in discharge of
Annual Report
Transfer of
management and
amalgamation of
Public Libraries
Vacancies
etc. not to
invalidate
proceedings
Power to
make rules
8
its functions and the manner of filling casual vacancies therein under
Section 11;
(i) the Banks in which the money of the Library Fund shall be deposited,
the manner in which such moneys may be invested including the
manner of operation of such deposits and investments, under
Subsection (2) of Section 12;
(j) the manner of keeping accounts of receipts to, and disbursements
form, the Library Fund under Sub-section (1) of Section 13;
(k) the information and particulars to be accompanied with the annual
report of Library Authority under Section 16;
(I) the manner of transfer of Gandhi Path agar and amalgamation of
Public Libraries under Section 17;
(m) the provisions governing the grant-in-aid to aided libraries and the
eligibility ˜thereof under Clause (a) of Section 2 and Section 17; and
(n) any other matter which is required to be, or may be, prescribed. - (1) If any difficulty arises in giving effect to the provisions of this Act
the Government may, by order published in the Gazette, make such provisions
not inconsistent with the provisions of this Act, as appear to it to be necessary or
expedient for removing the difficulty:
Provided that no order shall be issued under this, section after the expiry
of a period of two years from the date of commencement of this Act. (2) Every
under made under this section shall as soon as may be after it is made, be laid
before the Orissa Legislative Assembly.
Power to
remove
difficulties
