Karnataka Public Libraries Act, 1965 Chapter IV - Bare Act |
| State | Karnataka Government |
| Year | 1965 |
| Section Title | Local Library Authorities |
(1) For the purpose of organising and administering Public Libraries in the State, there shall be constituted Local Library Authorities,-
(a) for the Cities of Bangalore, Hubli-Dharwar, Mangalore, Mysore and Belgaum, and for such other urban area having a population of more than one lakh, as the State Government may by notification specify, called the City Library Authority; and
(b) for each revenue district, excluding the area for which a City Library Authority is constituted, called the District Library Authority;
1[Proviso x x x]
(2) Every Local Library Authority shall by the name of the area for which it is constituted, be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and to contract, and may by the same name sue and be sued.
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1. Omitted by Act 45 of 1976 w.e.f. 5.6.1976
(1) For the purpose of organising and administering Public Libraries in the State, there shall be constituted Local Library Authorities,-
(a) for the Cities of Bangalore, Hubli-Dharwar, Mangalore, Mysore and Belgaum, and for such other urban area having a population of more than one lakh, as the State Government may by notification specify, called the City Library Authority; and
(b) for each revenue district, excluding the area for which a City Library Authority is constituted, called the District Library Authority;
1[Proviso x x x]
(2) Every Local Library Authority shall by the name of the area for which it is constituted, be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and to contract, and may by the same name sue and be sued.
________________________
1. Omitted by Act 45 of 1976 w.e.f. 5.6.1976
(1) Every City Library Authority shall consist of,-
(a) the Mayor of the municipal corporation or the President of the municipal council or other municipal body of the City who shall ex-officio be the Chairman of the Authority;
(b) a principal of a First Grade College in the city nominated ex-officio by the State Government, who shall be the Vice-Chairman of the Authority;
(c) two persons elected by the municipal corporation, municipal council or other municipal body of the city from among its members;
(d) one person nominated by the State Government from among the members of governing bodies of aided libraries in the city;
(e) a Headmaster of a High School in the city nominated ex-officio by the State Government;
(f) one person nominated by the council of the city branch, if any, of the1[Karnataka Library Association];
(g) an officer of the Department of Public Instruction having jurisdiction over the city, nominated ex-officio by the State Government.
(h) two persons nominated by the State Government from among persons ordinarily resident in the city.
(2) The Chief Librarian of the city shall ex-officio be the Secretary of the City Library Authority and of the Committees of the said Authority.
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1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(1) Every City Library Authority shall consist of,-
(a) the Mayor of the municipal corporation or the President of the municipal council or other municipal body of the City who shall ex-officio be the Chairman of the Authority;
(b) a principal of a First Grade College in the city nominated ex-officio by the State Government, who shall be the Vice-Chairman of the Authority;
(c) two persons elected by the municipal corporation, municipal council or other municipal body of the city from among its members;
(d) one person nominated by the State Government from among the members of governing bodies of aided libraries in the city;
(e) a Headmaster of a High School in the city nominated ex-officio by the State Government;
(f) one person nominated by the council of the city branch, if any, of the1[Karnataka Library Association];
(g) an officer of the Department of Public Instruction having jurisdiction over the city, nominated ex-officio by the State Government.
(h) two persons nominated by the State Government from among persons ordinarily resident in the city.
(2) The Chief Librarian of the city shall ex-officio be the Secretary of the City Library Authority and of the Committees of the said Authority.
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1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(1) Every District Library Authority shall consist of,-
(a) the Deputy Commissioner of the district who shall ex-officio be the Chairman of the Authority;
1[(b) the Deputy Director of Public Instructions incharge of the district;]
(c) two persons elected from among its members by the District Development Council;
(d) one person elected from among its members by each municipal council or other municipal body in the district with jurisdiction over a municipal area other than an area for which a City Library Authority is established having a population of not less than fifty thousand;
(e) two persons nominated by the State Government from among the members of municipal councils or other municipal bodies in the district with jurisdiction over a municipal area having a population of less than fifty thousand;
(f) one person nominated by the council of the District Branch, if any, of the2[Karnataka Library Association];
(g) one person nominated by the State Government from among the members of the Taluk Development Boards in the district;
(h) two persons nominated by the State Government from among the members of the village panchayats and town panchayats in the district;
(i) two persons nominated by the State Government from among the members of the governing bodies of aided libraries in the district;
(j) a Principal of a First Grade College in the district nominated ex-officio by the State Government ;
(k) a Headmaster of a High School in the district nominated ex-officio by the State Government ;
(l) an officer of the Department of Public Instruction having jurisdiction over the district or a part thereof nominated ex-officio by the State Government;
(m) three persons nominated by the State Government from among persons ordinarily resident in the district;
(2) The Vice-Chairman of the District Library Authority shall be elected by the members from among themselves.
(3) The Chief Librarian of the district shall ex-officio be the Secretary of the District Library Authority and of the Committees of the said Authority;
________________________
1. Substituted by Act 45 of 1976 w.e.f. 5.6.1976
2. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(1) Every District Library Authority shall consist of,-
(a) the Deputy Commissioner of the district who shall ex-officio be the Chairman of the Authority;
1[(b) the Deputy Director of Public Instructions incharge of the district;]
(c) two persons elected from among its members by the District Development Council;
(d) one person elected from among its members by each municipal council or other municipal body in the district with jurisdiction over a municipal area other than an area for which a City Library Authority is established having a population of not less than fifty thousand;
(e) two persons nominated by the State Government from among the members of municipal councils or other municipal bodies in the district with jurisdiction over a municipal area having a population of less than fifty thousand;
(f) one person nominated by the council of the District Branch, if any, of the2[Karnataka Library Association];
(g) one person nominated by the State Government from among the members of the Taluk Development Boards in the district;
(h) two persons nominated by the State Government from among the members of the village panchayats and town panchayats in the district;
(i) two persons nominated by the State Government from among the members of the governing bodies of aided libraries in the district;
(j) a Principal of a First Grade College in the district nominated ex-officio by the State Government ;
(k) a Headmaster of a High School in the district nominated ex-officio by the State Government ;
(l) an officer of the Department of Public Instruction having jurisdiction over the district or a part thereof nominated ex-officio by the State Government;
(m) three persons nominated by the State Government from among persons ordinarily resident in the district;
(2) The Vice-Chairman of the District Library Authority shall be elected by the members from among themselves.
(3) The Chief Librarian of the district shall ex-officio be the Secretary of the District Library Authority and of the Committees of the said Authority;
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1. Substituted by Act 45 of 1976 w.e.f. 5.6.1976
2. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
If any of the bodies referred to in section 17 or 18 does not by such period as may be prescribed elect or nominate a person to be a member of the City Library Authority or the District Library Authority, as the case may be, the State Government shall, by notification, nominate to the vacancy, a person qualified for election thereto; and the person so nominated shall be deemed to be a member of the Authority as if he had been duly elected by the said body.
(1) Save as otherwise provided in this Act, the term of office of members of a Local Library Authority, other than ex-officio members, shall be for a period of three years commencing from the date on which the first meeting of the Authority is held after the election or nomination of the members under sections 17, 18 and 19.
(2) An outgoing member shall continue in office until the election or nomination of his successor.
(3) An outgoing member shall be eligible for re-election or re-nomination.
In the event of a vacancy arising out of death, resignation, disability or otherwise, before the expiry of the term of office of any member of a Local Library Authority, the vacancy shall be filled by election or nomination, as the case may be, of another person in the manner provided in section 17 or section 18, as the case may be, and any person elected or nominated to fill the vacancy shall hold office only so long as the member in whose place he is elected or nominated would have held office if the vacancy had not occurred.
If any member other than an ex-officio member of a Local Library Authority, during the period for which he has been nominated or elected,-
(a) absents himself without excuse sufficient in the opinion of the Authority, from three consecutive meetings of the Authority; or
(b) in the case of a member elected by any body referred to in section 17 or section 18 ceases to be member of the body concerned, his office in the Authority shall become vacant.
A person shall be disqualified for being chosen as, and for being, a member of the Local Library Authority,-
(a) if he has been sentenced by a criminal 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, unless he has, by order, which the State Government is hereby empowered to make in this behalf, been relieved from the disqualification arising on account of such sentence;
(b) if he is an undischarged insolvent;
(c) if he is of unsound mind and stands so declared by a competent court.
(1) Every Local Library Authority shall meet at least twice a year on dates to be fixed by the Chairman. One of such meetings shall be the annual meeting.
(2) The Chairman may also, whenever he thinks fit, convene a special meeting of the Authority for the transaction of urgent business.
(3) Subject to prescribed conditions, special meetings shall be convened by the Chairman to discuss matters of urgent importance upon a requisition by the members of the Authority.
(4) A Local Library Authority shall transact business in such manner and in accordance with such procedure as may be prescribed.
(1) The Chairman of a Local Library Authority shall,-
(a) preside at the meetings of the Authority;
(b) watch over the financial and executive administration of the Authority and exercise general supervision and control.
(2) The Vice-Chairman of a Local Library Authority shall,-
(a) in the absence of the Chairman, preside at the meetings of the Authority;
(b) exercise such powers and perform such duties of the Chairman as the Chairman may, from time to time, delegate to him.
(1) It shall be the duty of every City Library Authority and every District Library Authority to provide library service to the persons residing in the area within its jurisdiction. The Library Authority shall in every City establish a City Central Library and Branch Libraries and in every district establish a District Central Library and branch libraries.
(2) For purposes of sub-section (1) , a Local Library Authority may,-
(a) provide suitable lands and buildings for public libraries, and the furniture, fittings, equipment and other conveniences necessary for the purpose;
(b) provide such libraries with books, periodicals, newspapers, maps, gramophone records, manuscripts, works and specimens of art and science, lantern slides, films, cinema projectors, recorders and the like;
(c) with the previous sanction of the Government shift or close any public library;
(d) accept any endowment or gift for any purpose connected with its activities;
Provided that no gift or endowment of an immovable property shall be accepted without the previous sanction of the State Government;
(e) provide for lectures and conduct other activities as may be conducive to the carrying out of the purposes of this Act;
(f) with the consent of the management and the previous sanction of the State Government acquire any library on such conditions as may be approved by the State Government ;
(g) with the sanction of the State Government do any other thing that may be conducive to the furtherance of the purposes of this Act;
(h) exercise such other powers and perform such other duties as may be conferred or imposed by or under this Act.
(1) Subject to the general or special orders of the State Government , as soon as possible after a Local Library Authority is constituted and thereafter as often as may be required by the1[Director of Public Libraries] every Local Library Authority shall, and whenever it considers it necessary so to do, a Local Library Authority may, prepare a plan (hereinafter referred to as the 'Local Library Development Plan') for establishing libraries and spreading library service within the jurisdiction of such Authority in such form and manner and containing such particulars as may be prescribed.
(2) The salient features of every Local Library Development Plan prepared under sub-section (1) shall be published in such manner as may be prescribed along with a notice inviting objections and suggestions from all persons interested in the Plan within such period as may be specified in the notice. Any objection or suggestion which may be received from any person with respect to the Local Library Development Plan shall be considered by the Local Library Authority and such modifications in the Plan shall be made as the Authority deems fit.
(3) The Local Library Development Plan shall thereafter be sent to the1[Director of Public Libraries] along with a copy of the objections and suggestions received under sub-section (2) . The 11[Director of Public Libraries] shall with his comments on the Local Library Development Plan submit it to the State Government for sanction.
(4) The State Government may if it deems fit after ascertaining the views of the State Library Authority sanction the Local Library Development Plan with such alterations as it considers necessary. The State Government may on application by the Local Library Authority concerned, modify any Local Library Development Plan sanctioned under this sub-section.
(5) (a) As soon as may be after the State Government sanctions a Local Library Development Plan under sub-section (4) , the1[Director of Public Libraries] shall in conformity with the provisions of the said Plan make an order called the Local Library Order for the area, specifying the Central Library and the Branch Libraries including branches, to be located in educational institutions, prisons and hospitals and the service stations, which shall be established and maintained by the Local Library Authority, the measures to be taken by the Local Library Authority for providing adequate library service to the people in the area and the stages in which such measures shall be taken.
(b) A Local Library Order made under clause (a) may be amended in consultation with the Local Library Authority, whenever the1[Director of Public Libraries] considers it expedient to do so.
(6) Every Local Library Authority shall give effect to the Local Library Development Plan as sanctioned by the State Government and the Local Library Order made under sub-section (5) .
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1. Subsituted by Act 30 of 1984 w.e.f. 22.5.1984
(1) Subject to the general or special orders of the State Government , as soon as possible after a Local Library Authority is constituted and thereafter as often as may be required by the1[Director of Public Libraries] every Local Library Authority shall, and whenever it considers it necessary so to do, a Local Library Authority may, prepare a plan (hereinafter referred to as the 'Local Library Development Plan') for establishing libraries and spreading library service within the jurisdiction of such Authority in such form and manner and containing such particulars as may be prescribed.
(2) The salient features of every Local Library Development Plan prepared under sub-section (1) shall be published in such manner as may be prescribed along with a notice inviting objections and suggestions from all persons interested in the Plan within such period as may be specified in the notice. Any objection or suggestion which may be received from any person with respect to the Local Library Development Plan shall be considered by the Local Library Authority and such modifications in the Plan shall be made as the Authority deems fit.
(3) The Local Library Development Plan shall thereafter be sent to the1[Director of Public Libraries] along with a copy of the objections and suggestions received under sub-section (2) . The 11[Director of Public Libraries] shall with his comments on the Local Library Development Plan submit it to the State Government for sanction.
(4) The State Government may if it deems fit after ascertaining the views of the State Library Authority sanction the Local Library Development Plan with such alterations as it considers necessary. The State Government may on application by the Local Library Authority concerned, modify any Local Library Development Plan sanctioned under this sub-section.
(5) (a) As soon as may be after the State Government sanctions a Local Library Development Plan under sub-section (4) , the1[Director of Public Libraries] shall in conformity with the provisions of the said Plan make an order called the Local Library Order for the area, specifying the Central Library and the Branch Libraries including branches, to be located in educational institutions, prisons and hospitals and the service stations, which shall be established and maintained by the Local Library Authority, the measures to be taken by the Local Library Authority for providing adequate library service to the people in the area and the stages in which such measures shall be taken.
(b) A Local Library Order made under clause (a) may be amended in consultation with the Local Library Authority, whenever the1[Director of Public Libraries] considers it expedient to do so.
(6) Every Local Library Authority shall give effect to the Local Library Development Plan as sanctioned by the State Government and the Local Library Order made under sub-section (5) .
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1. Subsituted by Act 30 of 1984 w.e.f. 22.5.1984
(1) Every Local Library Authority shall constitute the following committees by election from among its members, namely:-
(i) the Executive Committee; and
(ii) the Finance Committee.
(2) A Local Library Authority may constitute committees for such other purposes as it deems fit.
(3) The Chairman of the Local Library Authority shall ex-officio be a member and Chairman of the Executive Committee, and the Finance Committee.
(4) (a) The Executive Committee shall be responsible for the executive functions of the Local Library Authority.
(b) The Finance Committee shall scrutinise proposals for increase of revenue, examine the receipts and expenditure statements, consider all new propositions affecting finance and shall generally supervise the revenue and expenditure of the Local Library Authority.
(1) For the purpose of advising on local requirements relating to library service of each branch library and each service station in a village served by travelling library service, Advisory Committees shall be constituted in accordance with the provisions of this section.
(2) Every Branch Library Committee shall consist of,-
(a) the Branch Librarian who shall ex-officio be the Chairman and convener of the Committee;
(b) one person representing the area which the Branch Library serves, on the municipal council or other municipal body or the panchayat having jurisdiction over that area, elected by the body concerned;
(c) three teachers of educational institutions in the area in which the branch library is located, nominated by the Chief Librarian of the City or the Chief Librarian of the district, as the case may be;
(d) three persons from among the registered borrowers of the branch library nominated by the Chief Librarian of the City or the Chief Librarian of the district, as the case may be.
(3) Every Village Service Library Committee shall consist of,-
(a) the Travelling Librarian visiting the service station in the village who shall ex-officio be the Chairman and convener of the Committee;
(b) two teachers of educational institutions in the area served by the service station, nominated by the Chief Librarian of the District;
(c) two persons from among the registered borrowers in the area served by the service station, nominated by the Chief Librarian of the district.
(4) The nominated members of the Branch Library Committee and the Village Service Library Committee shall hold office for a period of three years or until their successors are nominated.