Keywords : Affiliated Library, Book, Children’s Library, District Library Council, Granthasala Sanghom, State Library, Taluk
Amendments appended: 27 of 1991, 1 of 1997, 1 of 1998, 20 of 1998
Qomposition of Taluk Library Unions
- Term of office
- Vacancies . .
- Meetings of the Taluk Library Unions :
- Powers and duties of President and Vice-President of the Taluk =,
Library Union - Secretary of the Taluk Library Union
95, Powers and functions of Taluk Library Unions
CHAPTER V
Disqualification and Affiliation - No person to be a member of more than one Council or Union
- Disqualification of members of State Library Council, District Library Gouncil and Taluk Library Union
- Affiliation of Libraries.:
OQHAPTER VI
Development Plan and Funds - Library Development Plan
- Government grant to the State Library Councils
- State Library Fund ;
- Distribution of funds to the District Library Councils and Taluk “
| . Library Unions : - Accounts 34. Inspection of Libraries
- Grants to affiliated Libraries
GHAPTER VII
4 Reports and Returns - District Library Councils and Taluk Library Unions to submit
reports etc. - Annual report ; .
- Short title, extent and commencement.—(1) This Act may be called the Kerala Public Libraries (Kerala Granthasala Sanghom) Act, 1989.
{2) It extends to the whole of the State of Kerala.
(3). It shall come into force on such date as the Government may, by notification in the Gazette, appoint and different dates may be fixed for different provisions of this -Act. - Defimitions—In this Act, unless the context otherwise requires,—— = (a) “affiliated library’? means a library affiliated to the Kerala State Library Council; – a
- .(b) “book” includes every volume, part or division of a volume, and\er” pamphlet in any language; Me
(c} “Children’s library” means a library established by the State . Library Gouncil for the benefit of children;
(d) “district?? means a Revenue District;
. (e} “District, Library Council’? means a District Library Council
eonstituted under section 10; : .
(f) “Granthasala Sanghom’? means the Kerdla Granthasala Sanghom;
“notification”? means a notification published in the Gazette; g P Faz
(h) “prescribed” means prescribed by rules made under this Act;
fi) “President of the State Library Council’? means the President of the Kerala State Library Council elected by the State Executive ‘Committec; . ‘
_ (j) “President of the District Library Council’? means the President
of the District Library Council elected by the members of the District Library Council;
(k) “President of the Taluk Library Union” means the President of
the Taluk Libra#y Union elected by the members of the General Body;
(]} “public library”? means a library established or maintained or run directly by the State Library Council, a District Library Council or a Taluk Library Union under this Act;
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(m) “representative of affiliated library’? means a member elected by the general body of an affiliated library from among its members;
(n) “section? means a section of this Act;
{o) “State’? means the State of Kerala;
(p) “State Library Council?? means the Kerala State Library – Council constituted under section 3; . ‘ .
. {q) “State Executive Committee’ means the Executive Committee of the State Library Council; .
ir) “State Library?” means a State Library established under this . Act; –
(s} “Taiuk’? means Revenue, Taluk:
(t) “Taluk Library Union” means a Taluk Library Union consti- tuted under this Act;
(u) “year? means the financial year.
CHAPTER II
“The Kerala State Library Council
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‘ 8. Constitution and composition of the Kerala State Library Council.—(1) As soon as may be after the commencement of this Act, the Government may, by notification, constitute a Library Council for the State to be called the Kerala State Library Council which shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject ot the provisions ofthis Act and the rules made thereunder, to acquire hold and dispose of property, both movable and immovable, and to enter into contracts, and shall by the said name sue and be sued.
(2) The State Library Council shall consist of one member each from a Taluk elected by the general body of the District Library Councils, and five members, of whom one shall be a librarian, another a person belonging to the scheduled caste or scheduled tribe and another, a woman nominated by the Government. . a :
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(3) There shall be an Executive Committee for the State Library Council consisting of twenty-five members of whom fifteen shall be elected by the elected members of the State Library Council from among themselves,
five non-officials nominated under sub-section (2) and five officials, namely the Seerctary to Government, Higher’Education Department, the Secretary to
Government, General Education Department, the Secretary to Government,
Finance Department, the Secretary to Government, Cultural Affairs Department and the .Sceretary to Government, Local Administration
Department. ,
(4) The Executive Committee shall meet at such times and at such places as the Predident of the State Library Council may decide and exercise
such powers and functions as may be prescribed.
(5) The clected members of the Executive Committee shall elect a President, Vice-President, Secretary and Joint Secretary fromt among themselves to be the President, Vice-President, Secretary and Joint Secretary
respectively of the State Library Council and of the Executive Committee.
- “Term of Office-—(1) Save as otherwise provided in this Act, the term of office of the members of the State Library Council, other than the
ex-officio members, shall be three years from the date on which the Government notifies the constitution of the State Library Council in the
Gazette:
Provided that every member, other than an ex-officio member, shall
continue to hold office until his successor assumes office.
(2) A member of the State Library Council shall not-be eligible for ‘
re-election’ or re-nomination, as the case may be, for more than two terms
consecutively.
. * - Vacancies.—-(1} A casual vacancy caused by death, resignation or
” disability of a member, or otherwise, in the State Library Council shall be Med as carly as possible by election or nomination, as the case may be.
(2)- Any person so elected or nominated to fill a casual vacancy shal
hold office only so long as “the member in whose place he is eleeted’or nontinated would have held office if the vacancy had not occured. : ae - Meeting of the State Library Council. _1y The State Library Council
shall meet at least thrice a year on dates to be fixed by the President and one
of such meetings shali be the annual meeting.
(2) The President may, whenever he thinks fit, convene a special meeting of the State Library Council for the transaction of urgent business.
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(3} Subject to such conditions as may be prescribed, a special meeting shall be convened by the President to discuss matters of urgent importance upon a written requisition by not jess than one-third of the total number of members of the State Library Council,
(4) One-third of the total number of the members of the State Library Council shall be the quorum for a meeting of the Council.
(5) The President or, in his absence, the Vice-President or, in the
absence of both, any member chosen by the members present from among themselves, shail preside over a meeting of the State Library Council.
(6) The President and the Vice-President sbali exercise such other powers and perform such other duties as may be prescribed. | - Procedure of State Library Council—(1) The State Library Council shall transact business by resolutions passed in such manner and in
accordance with such procedure as may be prescribed.
(2) Copy of every resolution shall be forwarded to the Government within fifteen days of the passing of that resolution. ’
(3) The Government may call for any record or information regarding any resolution from the State Library Council and the Council shall be bound to furnish such record or information.
\ (4) The Government may, after giving reasonable notice to the State Library Council and after hearing its objections if any, suspend or cancel or modify any resolution passed by the Council, - Powers and functions of the State Library Council.—(1) Subject to the other provisions of this Act and the rules made thereunder, ihe State Library:
Council may,—
{a} advise the Government on all matters connected with the administration of this Act;
(b) advise the Government on all matters connected with the overall] library policy of the State;
{c) co-ordinate the working .of the District Library Councils, and the Taluk Library Unions;
(d) supervise and direct al! matters relating to library service in. the State; , : , .
(e) re-organizc in a phased manner the library service in ihe State into an integrated library system with close linkages between the several limits as also to comprise book-banks arid mutual loaning;
3/408 /94/MC.
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(f) with the prior concurrence of the Government establish one or more State’ Libraries or Children’s Libiarics at such place or places in the
State as “may be considered necessary :
Provided that the Triv andrum Public Library shalt be deemed to be a State Library established by the State Library Council under this clause:
Provided further that ihe Trivandrum Public Library shall continue
to be a Department of the Government;
- (2) organise children’ s section in. affiliated libraries wherever it is not
in existance; - (h) ‘appoint and control such officers and servants as may be necessary for the efficient performance’ of its duties and functions under ‘this
Act and the rules made thereunder;
“ay (i) ‘carry ” on propaganda on the importance of library
development in the: State by ‘providing lectures, conferences, ete.,
and using any media‘as appropriate from time ta time ;
Gi) conduct such other activities asi may be conducive to
creating favourable atmosphere in the State for the organisation.
of. new Ubraries and. for the better functioning of thie existing
libraries;
(iii) impart. training to librarians; or other library staff; (iv) organise activities for promoting distance education, adult education and eradication, of illiteracy; (wv) cultivate reading habit and foster book mindedness. among the public; ; . (vi) with the prior concurrence of the Government establish and conduct schools for | promoting adult education and. non-formal educatidn; (vii) maintain and preserve useful published and other records relevant to the cultural her: itage of the people at large; . (viii) provide in the Trivandrum Public Library or in such other State Libraries, books, periodicals, newspapers, maps, radios, manuscripts, works and specimens of art and science, lantern slides, films… cinema . projectors, – recorders, ~- television sets, charts, vedeo cassette players; video -.cassettee recorders and computer and the like;
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(ix) provide mobile’ Libraries ‘to District Library Council
which can give book service. to each. Panchayat; – –
(x) prepare project reports and seek financial..assistance |
from the Central Government, Trusts or any charitable. institutions for the implementation of the same; og ont fe
(j) do any other act that may be conducive to the furtherance. of the objects of this Act with the ‘Previous, sanction. of the Government; mote
{(k) exercise such other powers and perform such other duties
as are conferred on it by this. Act and the Tules made. thereunder, .
(2) The State Library Coineil may give. te, ‘the District Library
Councils and the Taluk Library Unions directions in the performance –
of their functions under this Act and the District Library Councils
and the Taluk Library Unions shall not im the discharge of their
functions under this Act depart from the- directions: given by ‘the said Council.
- Secretary of the State Librar “y Council —-(1) – The: – Secretary
of the State Library Council shall be the chief executive authority of
the State Library Council. oo, ;
(2) It shall be the duty of the ‘Secretary of the State Library
Council to give effect ito the resolutions of the said Council unless they are suspended or cancelled or. modified by the Government under
sub-section (4) of section 7. ;
(3) Where a resolution passed. by the’ State Library Council
is modified by the Government under sub-section (4) of’ section 7,
the Secretary of the State Library Council shall give effect to the resolution as so modified by the Government. ;
(4) ‘The Secretary of the State Library Council shall 1 exercise such other powers and perform such other. duties as are, or may be,
conferred or imposed on fin by. the President « ‘OF the ‘Slate Library
Council. ot t.
(5) Suits by or against the. State Library Council.shali be instituted by or against the Secretary: of. the. State Library Council:
(6) The Joint Secretary shall assist. ‘the ‘Secretary and shall . perform such other ‘functions as may he entrusted to him bythe. Executive Committee, .
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CHAPTER Iii
District Library Councils - Constitution of District Library Councils—{1) For the purpose of organising, administering and developing Nbrary service
at the district level, the Government may, by notification, constitut a District Library Council for each District in the State. ——
(2) Every District Council shall be a body corporate, by the
name of the district for which it is constituted, having, perpetual succession and a common seal with power, subject to the provisions of this Act and the rules made thereunder, to acquire, hold and
dispose of prceperty, both movable and immoable, to enter into
contracts, and to do all things necessary, proper or expedient for the
purpose for which it is constituted and shall, by the said name sue
and be sued. .
_ Lh. Composition of District Library Councils (1) Every District Library Council shall consist of—
(a) the Presidents and Secretaries of the Taluk Library
Unions.in the district;
(b) seven persons to be elected by the General Body of each
of the Taluk Library Unions in the district of whom one shall be
a woman, avid one shall be a person belonging to the Scheduled
Castes or Scheduled Tribes; and
(c} the President or any other office bearer of any affiliated
library in the district headquarters nominated by the Government.
(2) The elected members of every District Library Council
shall elect from among themselves a District Executive Commititee –
consisting of eleven members including a President, a Vice-President,
a Secretary and a Joint Secretary. –
(3) The District Executive Committee shall exercise such
powers as are determined by the Staite Library Council and perform
such functions as may be prescribed from time to time. - Term of office-—(i) Save as otherwise provided in this Act, the term of office of the members of a District Library Council
shall be three years commencing from the date on which the Government notified the constitution of the District Library Council in the
Gazette: ‘
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Provided that every member hall continue in office until his
successor assumes office. .
(2) A. member of a District Library Council shall be eligible .
for re-election to the Council. ; ; - Vecancies,—A casual vacancy caused by death. resignation or
disability of a member or otherwise, in the District Library Council shall
be filled as carly as possible by. election of a suitable person, in accordance with the provisions of section [f{ and any person so elected _
to fill a vacancy shail hold office only so long as the member in whose
place he is elected would have held office if the vacancy had not
occurred, - Meetings of the District Councils—() Every District
Library Couneil shall meet at least once in every three monhs on —
dates to be fixed by the President of the Council and onee of such
meetings shall be the annual meeting. –
(2) The President may, whenever he thinks fit, convene a
special meeting of the District Library Council for the transaction
of urgent business…
(3) Subiect to such conditions as may be prescribed, a special
meeting shall be convened by the President to discuss matters of
urgent importance upon. a written requisition by not less than onethird of the number of members of the District Library Council.
-(4) One-third of the total number of members of the District
Library Council shall be the quorum for a meeting of the Council.
(5) A District Library Council shail transact business by
resolutions passed in such manner and in accordance with such
procedure as may be prescribed.
(6) Copy of every resolution shall be forwarded to the State
Library Council within fifteen days of the passing of that resolution. - Pawers and duties of President and Vice-President of District
Library Councii-—(1) The president. of a District Library. Council
may preside over the meetings of the Council and exercise such
powers and perform such duties ‘as may be prescribed.
(2) The Viee-President may in the absence of the President,
preside over the meetings of the Council and exercise such powers
and perform such duties of the President as the President. may,
from time to time, delegate to him,
14 - Secretary of the District Library Council) The Secre- tary of the District Library Council shall be the chief executive authority of the District Library Council.
(2) It shail be the duty of the Secretary of the District Library Council to give effect to the resolutions of the said council.
{3} The Secretary of the District Library Council .— shall
exercise such other powers and perform such other duties us are,
or may he, conferred or imposed on him by the President or the
District Library Council.
(4) Suits by or against the District Library Council, shall be instituted by or against the Secretary of the District Library Council,
(5) The Joint, Secretary shall assist the Secretary and shall
perform such cther functions as may be entrusted to him by the Executive Committee. . - Powers and functions of the District Library Councils. (1) Save as otherwise provided in this Act, every District Library Council shall have power—
(a) to elect members to the State Library Council to the extent of one for each taluk in the district;
(b) to establish new libraries within its jurisdiction with the previous sanction of the State Library Council;
(c) to supervise, co-ordinate and control the library service under its jurisdiction in the district and to promote co-operation between libraries and cultural and educational institutions in. the country;
(d) to provide library service and mobile library service to the persons residing in the district;
(e) to provide suitable Jands and buldings for public libraries and furniture, fittings, equipment and other conveniences necessary for the purpose; ; .
(f) to provide such libraries with books, periodicals, newspapers, maps, radios, manuscripts, works and specimens of art and science,. lantern slides, films, video films,. cinema projectors, recorders, cassettes, television . sets, charts, tape recorders, video cassette: players, video cassctte recorders and the like; , +
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(g) to shift, reorganise, or close or amalgamate any public library
established or maintained or run directly by the District Library. Council;
{h) to appoint and contro! such officers and servants as imay be
necessary for the efficient performance of its duties and functions under this
Act and the rules made thereunder:
(i}-to accept any endowment or gift for any purpose connected
with its activities;
(j) to provide for lectures seminars, syraposia, conferences and conduct study classes to strengthen the functioning of the Libraries and
conduct other activities as may be conductive to the carrying out of the purposes of this Act;
(k}.with the sanction of the State Library Council to do any
other thing that may be conducive to the furtherance of the purposes of this
Act; and
(1) to’exercise such other powers and perform such other duties
as-may be conferred oO imposed on it by or under this Act or the rules made
thereunder.
(2) The District Liorary Cotncil may give to the Taluk Library
Unions directions not contrary to the directions, if any, issued by the State
Library Council in the performance of their functions under this Act and the
unions shali not in the discharge ef their functions under this Act depart
from the directions given by the Council.
CHAPTER IV
-Tatak Library Unions
18.Constitution of T auk Library Unions-—(1} For the purpose or
organising and administering library service at the taluk level the Government
may, by notification, constitute a Taluk Library Union for each Taluk in
the State. ‘
(2) Every Talak Library Union shail be a body corporate by the
name of the Taluk for which it is constituted having perpetual succession
and a common seal with power, subject to the provisions of this Act and the rules made thereunder, to accquire, hold and dispose of property both
movable and immovable, io enter inio contracts, and to do all things
necessary, proper er expedient for the pur pose tor which it is constituled and shall, by. the said name sue and be sued. ~
16.
- Composition of Taluk Lidvary Unions.-—(1) Every Talak Library
Union shall consist of two representatives of each affiliated library in che
Taluk. ,
(2) Every Taluk Library Union shall elect an Executive Committee
of the Union consisting of ninc members including President, a Vice- President @ Secretary and a Joint Sec:etary:
Provided that if there is no woman or person belonging’ to the Scheduled
-Castes or Scheduled Tribes in the Taluk Library Union, then one woman and
one person, belonging to the Scheduled Castes or Scheduled Tribes shalt be nominated by the Execuiive Comniittec, in which case the Executive Committee shall consist of eleven members.
-(3) Every Taluk Library Union shall seven persons as members
to the District Library Council under clause (b) of sub-section (i) of
section J{ of wham one siali be a woman and one shall be a person
belonging to the Scheduled Casles or Scheduled Tribes. - Term of office-—(1)} Save as otherwise provided in this Act, the
term of office of ihe members of a Taluk Library Union shal! be tiiree years
, commencing from the date on which the Government notifies the constitution of the Taluk Union in the Gazette:
Provided that every member shall continuc in office until his successor assumes office.
(2) A member of a Faluk Library Union shall be eligible for
re-election. - Vacancies——A -casual vacancy caused by- death, resignation or disability of a member or otherwise in the Taluk Library Union shall be
filled as early as possible in accordance with the provisions, of section 19 and
any person so taken shall Jiold office only so long as the member in whose
place he is taken would have held otftce if the vacancy had not occurred. = - Meetings of the Taluk Library Unions—(1) Every Taluk Library
Union shail meet at least once in every two months. on dates to be fixed by the President of the Union and one of such meetings shall be the annual theeting. a
(2) The President may, whenever he thinks fit, convene a. special meeting of the ‘Taluk Library Union for the transaction of urgent business.
(3) Subject to such conditions as may be prescribed, special
‘meeting shall tbe convened by the President ‘to discuss matters of urgent
_importance upon a written requisition by not less than one-third of * the number of members of the Taluk Library Union.
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(4) One-third of the total number of members of the Taluk Library * Union shall be the quorum for a mecling of the Unidn.
— (5) A Talik Library Union shail transact business by resolutions passed in such imanner and in accordance with such procedure as may be prescribed.
(6) Copy of every resolution shall be forwarded to the District Library Council within fifteen days of the passing of that resolution.
- Powers and duties vf President and Vice-President of the Taluk Library Union—(t) Vhe President of a Taluk Library Union may presicic over the nicetings of the Union and exercise such powers and perform such duties as may be prescribed.
(2) The Vice-President of a Taluk Library Union may, in the absence of the President, preside over the meetings of the Union and exercise such powers and perform such duties of the President as the President may, from time to time, delexate to him.
(3)’In the absence of beth the President and Vice-President any member chosen by the members present from among themselves shall preside over a meeting of the Taluk Library Union. - Secretary of the Talux Library Union—(t) The Secretary cf the Taluk Fibrary Union. shall be the chief executive authority of the Taluk Library Union. 1, .
(2) It shall be the duty of the Secretary of the Taluk Library Union to give effect to the resolutions ci the said Union.
(3) The Secretary of the Taluk Library Union shall exercise such other powers and perform such other cuties as are, or may be, conferred or imposed on him by the President or the Taluk Library Union.
. (4) Suiis.by er agains? the Taluk Library Union shall be instituted by or against the Secretary of the Taluk Library Union.
(5) The Joint Secretary shall assist the Secretary and shall perforin such other funcitons as may be entrusted to him by the Executive Committec. - Powers and functions of Taluk Library Unions.—Save as other- ‘wise provided in this Act, every Taluk Library Union shall have power —
(a} to elect members 1o the District Library Council -under sub-section (3) of section 19; . 3’408/94IMC,
18 .
Do (b) fo supervise, co-ordinate and control the library service under its Jurisdiction in the Taluk and to give directions and advice to the affliated libraries in regard to their day to cay funciions and management;
(c). to provide library service including mobile library service to the persons residing in the taluk und to esiatlish new libraries within
that area; ,
_(d) to provide suitable lands and buildings for affiliated libraries
and furniture, fittings, equipment and other conveniences necessary for the
purpose; ,
(¢) to provide such libraries with books, periodicals, news papers,
maps, Manuscripts, works and specimens of ari and science, Jatitern slides,
films, cinema projectors, radios, recorders, television sets, charts, video
cassette players, tape recorders, video cassette recorders and the like;
(f) to provide for lectures, seminars, symposia conferences and
conduct other activities as may be conducive to the carrying out of the
purposes of this Act; .
{g) to accept any endowment or gift! or contribution for any
purpose connected with its activities;
(h) ¢o appoint and control such officers and servants as may be
necessary for the efficient performance of its duties and functions under
this Act and the rules made thereunder; .
- (i) with the sanction of the District Library Council, to do any other thing that may be conducive to the furtherance of the purposes of this
Act; and
qj) to exercise such other powers and perform such other duties as
may be conferred or imposed on it or delegated to it by or under this Act or
the rules made thereunder.
CHAPTER’ V
Disqualification and Affiliation
- Ne person ta be a member of more than one Councii or Union—
Notwithstanding unything contamed in the foregoing provisions, no person
shall be a member of more than one District Library Council or of more
than one Valuk Library Union and if a person is chosen as a member of more than one District Library Council or Taluk Library Union and he. does
not specify the Council or Union of which he desires to be a member within thirty days from the date of last election or nomination, as the case may be,
then on ihe expiration of such period his membership in all the Councils andjor Unions shall cease.
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19 - Disqualification of members of State Library Council, District Library Council and Taluk Library Union —A person shall be disqualified
for being chosen as, or for being, a member of the State Library Council, the District Library Council or the Taluk Library Union —
_ (a) if he absents himself without leave bemg granted by the
State Library Council or the District library Council or the Taluk Library
Union, as the case may be, from three consecutive meetings of the Council ° or Union; or | –
_ (bo) if he ceases to hold the office or be a member of the body or authority by virtue of which he has been elected; or .
(c) W he has been sentenced by a crimmal court for an offence
involving moral turpitude and punishable with imprisonment for a term
exceeding three months, such sentence not having been subsequently reversed, quashed or remitted; or ‘
(d) ifhe js of unsound mind and stands so declared by a competen court, - Affiliation of Libraries—(1}) Apy library other thana library
established or maintained by the State Library Council or.a District Library
Council or a Taluk Library Union may apply, in such form as may be prescribed, to the Taluk Library Union of the Taluk in which it is situated
for recognition as an affiliated library under this Act.
(2) The Talak Library Union shall consider the application and if it is satisfied that the conditions prescribed for granting affiliation have
been. complied with,recommend the application through the District Library Counejl to the State Library Council for affiliation and on such affiliation being granted,.the library shall be treated as an affiliated library. mo
(3) A person. aggrieved by any decision of the Taluk Library Union
with regard ¢o the affiliation of library may appeal to the State Library
Council in writing through the District Library Council within thitty days
of such decision, and the decision of the State Library Council after obtaining
the opinion of the District Library Council thercon shall be finat
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CHAPTER VI
Development Plan and Funds
29, Library Development Plan.—(1) Subject to the provisions of this
Act and the rules made thereunder and any general or special orders of the Government, if dny, in this behalf, a District Library Council may prepare
a District Library Development Plan. for establishing, co-ordinating and spreading library service within the entire district or part thereof, in such
form and manner and- containing such particulars as may be prescribed.
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(2} The District Library Development Plan shall thereafter be forwarded to the President of the State Library Council who shall submit it to the Government with the views of the State Library Council.
(3) The Government may, if they deem fit, sanction District Library Development Plan with or without alterations.
(4) The Government may, on application by the District Library Council, modify any District Library Development Plan sanctionéd under sub-section (3). ,
{5} As soon as may be after the sanctioning of a District Library ‘Development Plan, the President of the State Library Council shall, in conformity with the provisions of the said plan, make an order called the District Library Development Order, specifying the extent and nature of the Library service which shall be established and maintained by the District Library Council, the measures tc be taken by the District Library Council | fer providing adequate library service to the people in the area and the stages in which such measures shall be taken.
(6) Every District Library Council shall give effect to the District Library Development Plan as sanctioned by the Government vader sub- ‘section (3) and the District Library Development Order made under
sub-section (5). :
! 30. Government grant to the State Library’ Council-—(1) The Government may make every year a grant to the State Library Council of a sum which shall not be more than one per cent of the amount allotted for- education in the State budget for the year, taking into account the programmes and projects of the State Library Council for that year.
(2) The amount of such erant shall be credited to the State Library
Fund: maintained under section 31 at such times and in such manner as may
be prescribed. . , - State Library Fund.—(1) The State Library Council shail maintain a fund called the State Library Fund from which all the expenses of the State Library Council, District Library Councils and Taluk Library
Unions shall be met. >
(2) The following sums shall be credited to the State Library
Fund:— :
{a) grants which the State Government or Central. Government may make to the State Library Council;
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(b) contributions and gifts made to the State Library Council by
any other person, body or authority;
(c) Provident Fund, Superannuation Fund, Welfare Fund and
other funds of the Granthasala Sanghom transferred under sub-section (2)
of section 38;
(d) cess collected under section 48, - Distribution of finds to the District Library Councils and Taluk Library Unions.-—The State Library Council shall distribute from the State
Library fund such amounts as may be required for each of the District
Library Councils and the Taluk Library Unions. - Accounts.—(1) The State Library Council and every District
Libcary Council and Taluk Library Union shall keep complete accounts of
their financial transactions in such form as may be prescribed.
(2} The Accounts.shall be open to inspection and shall be subject
to audit, disallowance and surcharge and shall be dealt with in all other respects in such manner as may be prescribed.
(3) The State Library Council shall, with the prior concurrence of
the Government, appoint an officer not below the rank of a Deputy Secretary in the Finance Department to be the, Accounts Officer of the State Library
Council who shall exercise such powers and perform such functions relating to the accounts of the State Library Council, District’ Library Councils and
Taluk Library Unions, as may be prescribed.
(4) The State Library Council shall appoint auditors to audit the
accounts of the State Library Council, District Library Councils and the
Taluk Library Unions.
(5) The audited annual statement of accounts shall be forwarded
te the Government.
(6) The Government shall on receipt of the audited annua] accounts
cause the same to be laid on the table of the State Legislative Assembly. - Tuspection of Libraries—(1) The President of the State Library
Council may inspect any library under his jurisdiction for verifying whether
the provisions of this Act and the rules and bye-laws made thereunder are
duly observed by it:
Provided that the President of the State Library Council may delegate
the power of inspection to any office bearer of the Council.
22
(2) Jn all cases where such inspections are made, the person con- ducting the inspection shall furnish a deiailed report of his inspection to the State Library Council and the concerned Districy Library Council.
{3) The concerned District Library Council may consider the report furnished under sub-section (2) and pass such resolution in regard thereto as-it may deem fit and the library concerned shall be bound to comply with such resolution unless itis suspended or cancelled or modified by the Government,
(4) Where a resolution referred to in sub-section (3) is modified by the Government, the library shall be bound to comply with such resolution as modified by the Government. ,
(5) The State Library Council may, from time to time, direct the District Library Council fo prepare a gradation. list of affiliated Hbraries functioning in the District in conformity with the principles to be laid down by the State Library Council ip that behalf from time to time and forward such -lists to the State Library Council for approval. - Grants to affiliated libraries —(1) Every affiliated library shall be entitled to receive grant‘ from the Taluk Library Union based on .the gradation list prepared under sub-section (5) of section 34 af such rates as may be prescribed. ,
(2) The State Library Council] shall provide necessary funds to the Taluk Library Unions for the payment of the grant under sub-section (1).
CHAPTER VII
Reports and Returns - District Library Councils and Taluk Library Unions to submit reports etc.—Every District Library Council ant! Taluk Library Union shail submit such reports and returns and furnish such information to the President ° of the State Library Council or any person authorised by him in that behalf,
as the President of the State Library Council or the person so authorised
may, from time to time, require. - Annual reporr—(1) The President of the State Library Council shall in respect of each year, prepare a report of the working of the State- Library Council during that year along with such information and _parti- culars as may be prescribed and submit! such report to the Government before
such date as the Government may, by order, specify.
~
ur
23
(2) The President of the State Library Council shall in respect of
each year, prepare a report of working of the District Library Councils and
Taluk Library Unions during that year along with such mformation and
particulars as may be prescribed and submit the report to the Government
before such date as the Government may, by order, specify.
(3) The Government shall on receipt of the annual reports cause
the same to be laid on the Table of the State Jegislative Assembly.
= , a vad!
CHAPTER VIII
Kerala Granthasala Sanghom - Merger of the Kerala Grantheasala Sanghom and transfer of its
assets and liabilities —_(1) Notwithstanding ‘anything contained in the –
Kerala Non-trading Companies Act, 1961 (42 of 1961), with effect on and trom the date on which this section comes into force, the-Kerala Granthasala
Sanghom shall, by virtue of this section, be deemed to have been merged in
the Kerala State Library Council.
‘ (2) All properties and all rights of whatever kind used, enjoyed or
possessed by andvall interests of whatever kind owned or vested or held by the
Granthasala Sanghom. and all liabilities legally subsisting against the Grantha- sala Sanghoni inchiding the abilitics towards the dues to the employees
at the commencement of the Kerala Granthasala Sanghom (Yaking Ovér
of Management} Act, 1977 (19 of 1977), shail, with effect on and from
the commencement of this section and subject to such directions as may be issued by Government in this behelf, vest in the State Library Couneil and
the State Library Council shell discharge such Habilities in the order of
priority specified in the Schedule to this Act, ,
(3) Every Officer or other employce employed immediuiely “before
the commencement of this section, in connection with the affairs of — the
Granthasala Sanghom shall, as from such conimeucenient become an cficer
or other employee of the State Library Council and shall hold his office by the tenure, remuneration and terms and conditions of cmpioyment as may
be altered as per the provisions in the Industrial Disputes Act, 1947 (Central
Act 14 of 1947), and with the same rights and privileges as to pension,
gratuity and. other matters as he would have held under the Granthasala
- Sanghom if this section had not been enacted and shall continue to-do so
unless and Gatil his employment under the State Library Council is terminated or until his rermuneration, terms and conditions are duly altered by
the State Library Council:
24
Provided that if the alteration so made is not acceptable to any office: or other employee, his employment shall be terminated on payment to him by the State Library Council of an amount equivalent to three months’ remuneration in the case of permanent employees and one month’s remune- ‘ ration in the case of other employees: os ‘
-Provided further that nothing contained in this sub-section shall apply to any officer or other employee who has, by notice in writing given to the State Library Council within thirty days from the commencement of _ this section, intimated his intention of not becoming an officer or other employee.
of the said Council. – , :
(4) Notwithstanding anything contained in the Industrial Disputes
Act, 1947 (Central Act 14 of 1947), or in any other law for the time. being
in force, the transfer of the services of any officer or other employce of the
Granthasala Sanghom tothe State Library Council under sub-section (3) shall not entitle any such officer or other employee to any compensation
under that Act or other law, and no such claim shali be entertained. by any
Court, Tribunal or authority.
CHAPTER 1X
Transitory Provision
- Board of conirol to remain in office fer certain period —Till the
. State Library Council, District Library Councils and Taluk Library Unions
are constituted and the Councils and the Unions assume charge, the Board
of Control] of the Kerala Granthasala Sanghom constituted by notified order
made under the Kerala Granthasala Sanghom (Taking over of Management)
Act, 1977, shall continue to be in charge and the Roard of Control shalt
arrange for conducting first election to the State. Library Council, District Library Councils and Taluk Library Unions in such manner and subject to
such conditions as may be prescribed. »
- ‘CHAPTER X
Miscellaneous
- Power to make rules—(1) The Government may, after previous
publication, make rules, cither prospectively or retrospectively, to carry our the purposes of this Act.
(2) In particular, and without prejudice to the generality of the |
Toregoing power, such rules may provide for— .
(a) all matters connected with election or nomination of members
to the State Library Council, the District Library Councils and the Taluk
Library Unions; 25
{b) the administration, inspection and management of State
Libraries, District Libraries and Taluk Libraries;
(c) the maintenance of-accounts by the State Library Council,
the District Library Councils and the Taluk Library Unions and the publication of audited statement of accounts and the reports of auditors;
(d) ‘the erading of libraries, the grants to libraries and the standards
to be maintained by such libraries;
(ec) the maintenance of State Registers of Libraries and of
Librarians;
(f} the restrictions and conditions subject to which the State
Library Council or a District Library Council or a Taluk Library Union
may enter into contract or hold or dispose of property;
(g) conditions of service of the. officers and servants of the State Library Council, the District Library Councils and the Taluk Library
Unions and of the persons employed in the Libraries established or maintained by them;
ch) the powers, duties and functions of the Executive | Committee of the Siate Library Council] and the Executive Committees of District
Library Councils and Taluk Library Unions;
{i) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be alter it is made, before the Legislative Assembly while it is in session for a
total period of fourteen days which may be comprised in one session or in
two successive sessions and if before the expiry of the sessign in which it
is so laid or the session immediately following, the Legislative Assembly
makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so however that any such modificaiion or
- annulment shall be without prejudice to the validity of anything previously
done under that rule.
- Powers of the State Library Council to make bye-laws—(1) The State
Library Council may, subject to the. provisions of this Act and the rules made thereunder and with the previous approval of the Government, by noti- fication, make bye-laws generally to carry out the purposes of this “Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such bye-laws may provide for all or any of the following matters, namely ;— ; 3:408/94/MC.
26 oe
(a) the admission as members of the libraries under the control
of the State Library Council or the District Library Councils or the Tahrk Library Unions; .
fb} the puarantee or security to be furnished by the persons desiring to use such libraries, against injury to, or misuse, destruction or loss of the property of such Hbraries;
(c) the manner in which the properties of such libraries may be
used and the protection of such properties from injury, misuse, destruction
or loss; .
(d) the powers to be exercised by the officers and servants of the State Library Council or the District Library Councils or the Taluk Library Unions for the purpose of exclusion or removal from any such library of any person who contravenes any provision of this Act or any rule or bye-law
made thereunder.
(3) The power to make bye-laws under this section shall be subject to the condition of previous publication of the bye-laws in the Gazette for
a period of not less than forty-five days. ‘ - Supersession of the State Library Council or a District Library Council or
a Taluk Library Union by the Government. —-(1} If at any time, it appears to the Government that the State Library Council or a District Library Council
or a Taluk Library Union has failed to perform any of its functions or has
exceeded or abused any of the powers conferred upon it by or under this Act,
the Government may communicate the particulars thereof to the State
Library Council or to the District Library Council or to the Taluk Library
Union, as the case may be, and if the State Library Council or the District
Library Council or the Taluk Library Union omits to remedy such failure, excess or abusefor gives an explanation which in the opinion of the Govern:
ment is unsatisfactory, the Government may supersede the State Library
Council or the District Library Council or the Taluk Library Union, as the
case may be, for such period as the Government may direct.
(2) On the supersession of the State Library Council or a District
Library Council or a Taluk Library Union under sub-section (1)
fa) all the powers and duties of that Council or Union shall,
during the period of supersession, be exercised and performed by such
“body-or officer or officers of the Government, as the Government may,
_ from time to time, appoint in this behalf;
(b) all properties vested’ in that Council or Union shall, during the period of supersession, vest in the Government; and .
27
- (ce) on the expiry of the period of supersession, the Council or Union shall be reconstituted in the manner provided in this Act.
- Remougl af members-—(1) Where the State Library Council or a District Library Council or a Taluk Library Union is staised on a complaint or otherwise that a member of the respective council or union has acted in .
contravention of the provisions of this Act or‘the rules made thereunder or
has acted adversely against the interests of the Council or the Union, such member may, by a resolution passed in such manner as may be prescribed, be removed from membership-—- “
(a) by the State Library Council,in the case of membership in
4 that Council; 4
(b) by the District Library Council, in the case of membership . in that Council; and ,
{c) by the Taluk Library. Union, in the case of membership
in that Union.
{2} No member shall be removed under sub-section {1} unless he has
been given an opportunity of being heard. _
(3) A copy of the resolution passed under sub-section (1} shall be
comununicated to the member removed either in person or by registered post.
(4) A member removed under sub-section (1) shall not be eligible for re-election or renomination, until he is declared by a resolution passed by the respective Council or the Union, as the case may be, to be no longer ineligible. - Validity of acts and proceedings.—No act done, or proceedings taken, under this Act, shall be questioned merely on the ground—
(ay of any vacancy or defect in the constitution of any Council or
Union or any committee thereof; or . .
(b) of any defect or irregularity in such act or proceedings not
affecting the merits of the case, - Affiliation of existing léraries—On and from such date as the
‘Government -may fix, all the libraries, affiliated to the Granthasala Sanghom
and the Public Libraries established or maintained by aLoéal Library
Authority in erstwhile Malabar area, under. the provisions of the Madras
Public Libraries Act, 1948 (Madras Act XXIV of 1948) and the libraries which are not affiliated to the Granthasala -Sanghom but which receive grant direct from the Government as well as-the State Libraries shall be deemed to be affiliated to the State Library Council and the provisions of . this Act and the rules and bye-laws made thereunder shall apply to those
libraries. ,
28
46, Transfer of Public Libraries established or maintianed bya Local Library
Authority under the Madras Public Libraries Act, 1948.—(1) On and from such date as the Government may fix for each district after the constitution of the District Library Council for that district all properties movable and immovabic
and all assets and liabilites in existence of all Local Library Authorities
constituted under the Madras Public Libraries Act, 1948 (Madras Act
XXIV of 1948) in the Malabar District referred to in sub-section (2) of
section 5 of the States Re-organisation Act, 1956 (Central Act 37 of
1956) and all the public libraries in that district established or maintained
by a Local Library Authority under the Madras Public Libraries Act, 1948 (Madras Act XXIV of 1948) along with their services, delivery centres and
other matters and things connected therewith shall stand transferred to, and vested in, the District Library Council of that district.
(2) All properties movable or immovable and all assets and liabi- lities of such Local Library Authority and public libraries in existence
immediately before the date fixed under sub-section (1) for the purposes
of the libraries shall vest in, and be deemed to be the properties, asscts and
liabilities of the District Library Council of that district.
(3) All persons employed for the purposes of the libraries referred
to in sub-section (1) and in service immediately before the date fixed’ under
that sub-section shall, as from that date, stand transferred to the control and
supervision of the District Library Council concerned and be in the service
of that District Library Council.
(4) The persons referred to in sub-section (3) shall be subject to the
conditions of service which were applicable to them immediately before the
date of the transfer by that sub-section until they are altered in accordance
with law.
Explanation:-—For the purposes of this section, “Public Library” includes
a library established or maintained by a Local Library Authority under the Madras Public Libraries Act, 1948 (Madras Act XXIV of 1948) and
includes the branches and delivery stations of such a library.
47, Categorisation of Libraries. —The libraries cligible for grant wader
this Act shall be categorised as follows :-—
(a) libraries which were in existence before the commenccimnent
of this Act,—
(i) affiliated to the Kerala Granthasala Sanghom, .
(ii) established or maintained by the Local Library Authorities
of the erstwhile Malabar District referred to in sub-section (2) of section 5
of the States Re-organisation Act, 1956 (Central Act 37 of 1956}, and
29
| (iii) not affiliated to the Granthasala.Sanghom or established _
or maintained by the Local Library Authorities of the erstwhile
Malabar area, but receiving grant direct from the Government, .
(b) Public Libraries,
(c) the State Library, and
(a) Children’s Library. - Library Cess—(1) The State Library Council shall levy a
library cess in the form of a surcharge on the building tax levied
under the Kerala Panchayats Act, 1960 (32 of 1960) or the property
tax levied under the Kerala Municipalities Act, 1960 (14 of 1961)
or the Kerala Municipal Corporations Act, 1961 (30 of 1961) .at
the rate of five paise for the whole rupee in the building tax or
property tax, as the case may he, so levied.
(2) The cess levied under sub-section (1) shall be collected,—
(a) in an area within the jurisdiction of a Panchayat, by
the Panchayat; . ,
(b) in an area within the jurisdiction of a Municipal Council,
‘by the Municipal Council; and
(c) in an area within the jurisdiction of a Municipal Corporaticn, by the Municipal Corporation,
as if the cess were a building tax payable under the Kerala
Panchayats Act, 1960 (32 of 1960) or a property tax payable under
the Kerala Municipalities Act, 1960 (14 of 1961) or the Kerala
Municipal Corporations Act, 1961 (380 of 1961), as the case may
be, and all the provisions of the said Acts shall apply accordingly:
Provided that the Government may, by notification, direct that
for the purposes of the collection of the cess, the provisions of
the Kerala Panchayats Act, 1960, the Kerala Municipalities Act,
1960 and the Kerala Municipal Corporations Act, 1961, as the case .
may be, shall apply subject to such modifications as may he specified in the notification.
(3) The cess collected under sub-section (2)° shalt be paid to the State Library Council by the Panchayait, Municipal Council
or the Municipal Corporation, as the case may be.
30
49, Removal uf difficulties —-(1} If any difficulty arises in giving
effect to the provisions of this Act, the Government may by order, do anything not inconsistent with such provisions which appear to
them to be necessary or expedient for the purpose of removing the difficulty :
Provided that no order shall be made under this section after
the expiry of two years from the commencement of this Act.
{2) Every order made under this section shall be laid, as
soon aS may be after it is made, befcre the Legislative Assembly.
50, Repeal and saving.–(1} The Madras Public Libraries Act,
1948 (Madras Act XXIV of 1948), as in force in the Malabar District
referred to in sub-section (2) of section 5 of the State Reorganisation
Act, 1956 (Central Act 37 of 1956), and the Kerala Granthasala Sanghom (Taking over of Management) Act, 1977 (19 of +1977),
are hereby repealed.
(2) Notwithstanding stich repeal, the Board of Control
‘ constituted by notified order made under the Kerala Granthasala
Sanghom (Taking over of Management) Act, 1977 shall remain in office till the State Library Council, District Library Councils and Taluk Library Unions are constituted by Government and those bodies
assume office.
- ’ SCHEDULE
| See Section 38 (2)]
Liabilities of the Kerala Granthasala Sanghom
Order of priority:
- Liabilities to employees of the Granthasala Sanghom, namely, arrears of pay and allowances, provident fund
contribution, gratuity ete. - Arrears of pay and allowances etc., of the Harijan Welfare Libraries on the pay rolis of the Granthasala Sanghom.
Amount of security deposit of Librarians.
- Wndowment Fund (Jayasankar Smaraka Nidhi).
- Unspent balance of grant received from Government (to be
refunded).
Receipts from member libraries for purchase of hooks. - Other outstanding expenses. i oo a ‘ a1
GOVERNMENT OF KERALA
Law (Legislation-C) Department
NOTIFICATION *
7
; No, 14827-Leg. Ci/91’Law.
Lo Dated, Thiruvananthapuram, 13th November, 1991}
ok ; 2and Karthika 1913.
—? The following Act of the Kerala State Legislature is hereby
published for gereral information. The Bill as passed by the Legislative Assembly received the assent of the Governor on the
12th day of November, 1991. ,
By order of the Governor,
G. SASIDHARAN,
Law Secretary.
D ACT 27 OF 1991.
—’ THE KERALA PUBLIC LIBRARIES (KERALA GRANTHASALA SANGHOM) AMENDMENT ACT, 1991
An Act to amend the Kerala Public Libraries (Kerala Granthasala
Sanghom) Act, 1989.
er Preamble WHEREAS it is expedient to amend the kerala
- Public Libraries (Kerala Granthasala Sanghom) Act, 1989, for the -#
purposes hereinafter appearing ;
BE it enacted in the Forty-second Year of the Republic of India
. a8 follows:— ,
= l. Short title and canmencement,—t(l) This Act may be called
the Kerala Public Libraries (Kerala Granthasala Sanghom) Amendment Act, 1991. .
(2) It shall come inte force at once. .
- Substitution of section 39.—-In the Kerala Public ‘ Libraries
(Kerala Granthasala:Sanghom) Act, 1989 (15 of 1989) (hereinafter
referred to as the principal Act), for section 39, the following section
shall be substituted, namely :-—
“30, Board of Control to remain in Office for certain period -—
(1) The Board of Control of the Kerala Granthasala Sanghom appointed by notified order made under the Kerala Granthasaia
~ “= Published as Gazette Extraordiary No. 1368 dated 13th
November 1991.
°°
32
Sanghom (Taking Over of Management) Act, 1977 shall continue in
office till a Committee consisting of a Chairman and such other
members not exceeding ten, is appointed by the Government, by
notification, to arrange for and conduct the first election to the
State Library Council, District Library Councils and Taluk Library
Unions and attend to other matters incidental thereto.
(2) On. the issue of a notification appointing the Committee,—
- (a) the Board of Control referred to in sub-section (1)
shall stand dissolved and ali the members thereof shall be deemed
to have vacated their offices, as such members;
; (b) all the powers and duties which may be exercised or performed by the Board of Ccntrol shall, subject to such directions
as may be issued by the Government in this behalf, be exercised
or performed by the Committee; .
(c) all properties vested in the Board of Control shall
vest in the Government and, subject to such directions as may be
issued by the Government, from time to time, in this behalf, be .
administered by the Committee ; g
. {d) agtion, if any, initiated or taken by the Board of
Control in respect of the first election to the said Councils and
Unions referred to in sub-section (1) shall stand cancelled.
(3) Subject to the other provisions of this Act, the Committee
shall, in such manner and subject to such conditions as may be prescribed, arrange for conducting the first election to the Councils
and Unions referred to in. sub-section (1).
(4) The term of office of the members of the Committee,
the procedure to be followed In the discharge of their functions,
their salaries; allowances and other conditions of service shall be such as may be determined by the Government.”. _
3, Amendment of section 50—In the principal Act, in’ section
50, for sub-section (2), the following sub-section shall be substituted, namely :-—
“(2) Notwithstanding such repeal, the Board of Control
appointed by notified order made under the Kerala Granthasala
Sanghom (Taking over of Management) Act, 1977, shall remain
m office till a Committee under su
