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Act Description : KARNATAKA PUBLIC LIBRARIES ACT, 1965

Act Details :-

KARNATAKA PUBLIC LIBRARIES ACT, 1965

10 of 1965

May 13, 1965

An Act to provide for the establishment and maintenance of public libraries and trie organisation of a comprehensive rural and urban library service in the State of Karnataka. Whereas, it is expedient to provide for the establishment and maintenance of public libraries and the organisation of a comprehensive rural and urban library service in the State of Karnataka and for matters connected therewith; Be it enacted by the Karnataka State Legislature in the Sixteenth Year of the Republic of India, as follows.-

CHAPTER 1 Preliminary

Section 1 Short title, extent and commencement

(1) This Act may be called the Karnataka Public Libraries Act, 1965.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the State Government may, by notification appoint.

Section 2 Definitions

In this Act, unless the context otherwise requires.-

(1) "Academic library" means a library maintained by a University, college, school or research institution;

(2) "Aided library" means a library declared by the [Director of Public Libraries] to be eligible for aid from the Government in accordance with the rules made under this Act;

(3) "Book" includes.-

(i) every volume, part or division of a volume, and pamphlet, in any language;

(ii) every sheet of music, map, chart or plan separately printed or lithographed;

(iii) newspapers, periodicals and other such materials;

(4) "Chief Librarian" means the Librarian appointed to be in charge of a City Central Library or a District Central Library and other libraries and the library service under the control of a City Library Authority or a District Library Authority, as the case may be;

(5) "City Library Authority" means a Library Authority constituted for a city or other urban area under Section 16 and section 17;

(6) "State-owned Library" means a library maintained by a Department of the State Government, the State Legislature, the High Court or any other Court or any authority of the State;

(7) "District" means a revenue district;

(8) "District Library Authority" means a Library Authority constituted for a district under Section 16 and section 18;

(9) "Library cess" means a cess levied under Section 30;

(10) "Local Library Authority" means a City Library Authority or a District Library Authority;

(11) "Notification" means a notification published in the Official Gazette;

(12) "Outlier library" means any library other than a public library;

(13) "Prescribed" means prescribed by rules made under this Act;

(14) "Public library" means.-

(a) a library established or maintained by a Local Library Authority, including the branches and delivery stations of such library;

(b) a library established or maintained by the State Government and declared open to the public;

(d) a library declared to be eligible for aid and receiving aid from the State Government; and includes, any other library notified by the State Government as a public library for the purposes of this Act;

(15) "State Central Library" means the library declared to be the State Central Library under Chapter VI;

(16) ["Director of Public Libraries"] means the 22. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] appointed under this Act;

(17) "State Library Authority" means the Authority constituted under Section 3;

(18) "Year" means the financial year.

CHAPTER 2 The Karnataka State Library Authority

Section 3 Constitution and composition of the State Library Authority

(1) As soon as may be after commencement of this Act, the State Government shall, by notification, constitute for the purposes of this Act, an authority to be called the State Library Authority. Such authority shall 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.

(2) The State Library Authority shall consist of.-

(a) 33. Substituted for the words "the Minister in-charge of Education" by Act No. 45 of 1976, w.e.f. 5-6-1976 [the Minister in charge of Public Libraries] who shall ex officio be the President of the Authority;

(b) four persons elected by the Karnataka Legislative Assembly from among its members;

(d) one person elected by the Syndicate of each of the Universities in the State from among the members of the Syndicate;

Explanation.-For purposes of this clause, in respect of the University of Agricultural Sciences, "Syndicate" means the Board of Regents.

(e) one person elected by the Executive Committee of the Karnataka Library Association from among the members of the Association;

(f) one person elected by the City Library Authority of the City of Bangalore from among its members;

(g) one person elected by the City Library Authority of one of the cities in the State other than the City of Bangalore for which a

(h) one person elected by the District Library Authority of one of the Districts in each Revenue Division of the State from among the members of such Authority, subject to the condition that such election shall be made by each District Library Authority in every Revenue Division for one term in such order of rotation as the State Government may, by order determine;

(i) the Secretary to the Government, Education Department;

(j) the Director of Public Instruction in Karnataka;

(k) three persons nominated by the State Government who in the opinion of the State Government are experts in library science:

Provided that at the first constitution of the Authority for purposes of clauses (f), (g) and (h), six persons ordinarily resident in the cities and, districts of the Revenue Divisions for which the Library Authorities may be established, shall be nominated by the State Government.

(3) The 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] shall ex officio be the Secretary of the State Library Authority.

Section 4 Functions of the State Library Authority

The State Library Authority shall advise the State Government on all matters connected with the administration of this Act, shall be the managing authority for the State Central Library, and shall exercise and perform such powers and duties conferred and entrusted to the said Authority by this Act, and such other powers and duties as may be prescribed.

Section 5 Nomination of members in default of election

If any of the bodies referred to in sub-section (2) of Section 3 does not, by such period as may be prescribed, elect a person to be a member of the State Library Authority, 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.

Section 6 Term of office

(1) Save as otherwise provided in this Act, the term of office of members of the State 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 Section 3.

(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.

Section 7 Vacancies

In the event of a vacancy arising out of death, resignation, disability or otherwise, previous to the expiry of the term of office of any member of the State Library Authority, the vacancy shall be filled by election or nomination, as the case may be, of another person in the manner provided in sub-section (2) of Section 3, 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.

Section 8 Disabilities for continuing as member

If any member other than an ex officio member of the State 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 anybody referred to in sub-section (2) of Section 3, ceases to be a member of the body concerned. his office in the Authority shall become vacant.

Section 9 Disqualifications

A person shall be disqualified for being chosen as, and for being, a member of the State 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;

Section 10 Meetings of the State Library Authority

(1) The State Library Authority shall meet at least twice a year on dates to be fixed by the President. One of such meetings shall be the annual meeting.

(2) The President 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 President to discuss matters of urgent importance upon a requisition by the members of the Authority.

(4) Two-fifths of the total number of members of the Authority, shall be the quorum for a meeting of the State Library Authority.

(5) The President, if present, shall preside at every meeting of the Authority. In the absence of the President, the members present at the meeting shall choose one from among themselves to preside.

Section 11 Procedure of State Library Authority

The State Library Authority shall transact business in such manner and in accordance with such procedure as may be prescribed.

CHAPTER 3 Department of Public Libraries

Section 12 Department of Public Libraries

For the purposes of this Act, a Department of Public Libraries shall be constituted with a 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] as its head and such other officers and servants as the Government may by order specify.

Section 13 Functions of the Department

(1) Subject to the control of the State Government, the Department of Public Libraries shall be responsible for the administration of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the Department shall.-

(a) superintend and direct all matters relating to all public libraries;

(b) promote the establishment of public library service so as to achieve the purposes of this Act;

(d) maintain State Registers of Libraries and of Librarians;

(e) superintend, direct and deal with the exercise of powers and the performance of duties by Local Library Authorities under this Act;

(f) ensure the proper utilization of the Library Funds and library man-power of the State;

(g) perform such other functions as may be entrusted to the Department by or under the provisions of this Act.

Section 14 Director of Public Libraries

22. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984

(1) A whole-time officer having the prescribed qualifications to practise the library profession shall be appointed by the State Government as the 33. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries.

(2) The 44. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] shall.-

(a) function as the Librarian of the State Central Library;

(b) superintend, direct and deal with all matters relating to the Press and Registration of Books Act, 1867 (Central Act 25 of 1867),

(d) generally assist the State Library Authority in performing its functions;

(e) exercise such other powers and perform such other duties as may be conferred or imposed on him by or under this Act.

Section 15 State Library Service

(1) Notwithstanding anything contained in any other law, all posts in the Department of Public Libraries, the State Central Library and every Local Library Authority shall be filled by appointment of persons belonging to the Kamataka State Library Service.

(2) The Karnataka State Library Service shall consist of the 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries], Chief Librarians of Cities and Districts, Librarians and such other classes and categories of posts as the State Government may from time to time determine. All members of the said service shall be Government Servants, and their recruitment and conditions of service shall, subject to the provisions of Article 309 of the Constitution, be regulated by such rules as may be prescribed.

(3) The salary, allowances, gratuity, pension and other benefits of the members of the Kamataka State Library Service shall be met from the Consolidated Fund of the State.

CHAPTER 4 Local Library Authorities

Section 16 Constitution of 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

(b) for each revenue district, excluding the area for which a City Library Authority is constituted, called the District Library Authority: 11. Proviso omitted by Act No. 45 of 1976, w.e.f. 5-6-1976 [xxxxx].

(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.

Section 17 Composition of City Library Authorities

(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 Head Master 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 the 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 or the said Authority.

Section 18 Composition of District Library Authorities

(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;

22. Clause (b) substituted by Act No. 45 of 1976, w.e.f. 5-6-1976 [(b) the Deputy Director of Public Instruction incharge of the district;]

(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 the 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;

(1) 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.

Section 19 Nomination of members in default of election

If any of the bodies referred to in Section 17 or Section 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.

Section 20 Term of Office

(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 Section 17, Section 18 and Section 19.

(2) As 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.

Section 21 Vacancies

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.

Section 22 Disabilities for continuing as member

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 anybody referred to in Section 17 or Section 18 ceases to be a member of the body concerned; his office in the Authority shall become vacant.

Section 23 Disqualifications

A person shall be disqualified for being chosen as, and for being, a member of the Local Library Authority.-

(b) if he is an undischarged insolvent;

Section 24 Meetings of Local Library Authorities

(1) Every Local Library Authority shall meet atleast 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.

Section 25 Powers and duties of Chairman and Vice-Chairman

(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.

Section 26 Powers and functions of Local Library Authorities

(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;

(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.

Section 27 Library Development Plan

(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 the 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [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 the 22. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] along with a copy of the objections and suggestions received under sub-section (2). The 33. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [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), the 44. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [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 the 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [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).

Section 28 Local Library Authority to appoint Committees

(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.

Section 29 Advisory Library Committees

(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 convenor 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.

CHAPTER 5 Finance and Accounts

Section 30 Library Cess

(1) With effect from the date of commencement of this Act

(a) a library cess in the form of a surcharge on.-

(i) tax on lands and buildings;

(ii) tax on entry of goods into the local area for consumption, use or sale therein;

(iii) tax on vehicles;

(iv) tax on professions, trades, callings and employments; shall be levied in the area within the jurisdiction of every City Library Authority under the relevant laws relating to local authorities providing for the levy of such taxes, at the rate of three paise for every rupee of the taxes so levied;

(b) a library cess in the form of a surcharge on tax on lands and buildings shall be levied in the area within the jurisdiction of every District Library Authority, under the relevant laws relating to local authorities providing for the levy of such tax at the rate of three paise for every rupee of the tax so levied.

(2) A City Library Authority or District Library Authority may, with the previous sanction of the State Government, by notification, increase the rate of library cess levied on any item of tax specified in clause (a) or (b) of sub-section (1), subject to the condition that the rate shall not exceed six paise for every rupee of the tax levied.

(3) The cess levied under clause (a) or clause (b) of sub-section (1) or increased under sub-section (2) shall be collected by the municipal Corporation, municipal Council or other municipal body or the village panchayat or other local authority having jurisdiction over the area as if the cess were a tax referred to in the said clause payable under the relevant laws for the time being in force in the area and all the provisions of the said laws relating to the levy and collection of the said tax shall apply subject to such modifications as may be prescribed.

11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [(4) Out of the cess collected by it under sub-section (3) every local authority shall be entitled to retain ten per cent of the amount collected towards the cost of collection and the balance shall be paid to the City Library Authority or the District Library Authority, as the case may be.]

Section 31 Government grant to District Library Authority of a portion of land revenue

(1) The State Government shall make annually a grant to every District Library Authority of an amount equal to 22. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [six per cent] of the land revenue collection of the district.

(2) The amount granted to a District Library Authority under sub-section (1) shall be credited to the District Library Fund at such times and in such manner as may be prescribed.

(3) Land Revenue collection of a district for the purposes of sub-section

(1) shall mean.-

(a) until the revision settlement of land revenue under Chapter X of the Karnataka Land Revenue Act, 1964, the land revenue determined on the basis of the average land revenue collection of the district for a period of three years preceding the date of such determination;

(b) after the determination of land revenue on the basis of the aforesaid revision settlement, the land revenue collected during the year preceding the year for which the grant is made.

Section 32 City and District Library Funds

(1) Every City Library Authority and District Library Authority shall maintain a Fund called the City Library Fund and the District Library Fund, as the case may be, from which all its payments under this Act shall be met.

(2) There shall be credited to the City Library Fund and the District Library Fund, as the case may be, the following sums, namely.-

33. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [(a) the amount of cess paid by the local authority under sub-section (4) of Section 30;]

(b) the grant under Section 31;

(d) grant which the Central Government or the State Government may make;

(e) funds and other amounts collected by the Local Library Authority under rules or bye-laws made under this Act.

Section 33 State Library Fund

(1) The State Library Authority shall maintain a Fund called the State Library Fund from which all its payments under this Act shall be met.

(2) There shall be credited to the State Library Fund the following sums, namely.-

(a) the grants made by the State Government to the State Library Authority to perform the duties entrusted to it;

(b) grants which the Central Government may make;

(d) funds and other amounts collected by the State Library Authority under the rules or bye-laws made under this Act.

Section 34 Accounts

(1) An account shall be kept of the receipts and expenses of the State Library Authority and of each City Library Authority and District Library Authority.

(2) The accounts shall be open to inspection, and shall be subject to audit, disallowance and surcharge and shall be dealt within all other respects in such manner as may be prescribed.

CHAPTER 6 State Central Library

Section 35 Vesting of Bangalore Public Library in the State Library Authority

(1) With effect from such date as the State Government may by notification appoint (hereinafter referred to in this Chapter as the appointed day), the entire management and control of the Public Library, Bangalore, now vested in the Committee of Management of the Public Library, Bangalore, shall be vested in the State Library Authority.

(2) As from the appointed day, the Committee of Management of the Public Library, Bangalore, a society registered under the Karnataka Societies Registration Act, 1904, now deemed to be registered under the Karnataka Societies Registration Act, 1960, shall stand dissolved and all property, movable and immovable, and all rights, powers and privileges of the said society which immediately before the appointed day belonged to or vested in the said society shall vest in the State Library Authority and shall be applied for the purposes specified in this Act and such other purposes as may be prescribed.

(3) As from the appointed day, all debts and liabilities of the said society shall stand transferred to and vest in the State Library Authority.

(4) Every employee of the said society shall, as from the appointed day, become an employee of the State Government and shall hold his office under the State Government as a member of the Karnataka State Library Service on the same tenure, at the same remuneration, and upon the same terms and conditions, and with the same rights and privileges as to provident fund, gratuity and other matters, as he would have held the same, as an employee of the said society, and shall continue to do so unless and until his remuneration, terms and conditions are duly altered by the State Government.

Section 36 Karnataka State Central Library

(1) As from the appointed day, the Public Library, Bangalore, shall be the Karnataka State Central Library.

(2)

(a) The Karnataka State Central Library shall be maintained as a reservoir of books and other materials for the proper functioning of the State Library System.

(b) In addition to a general library, the State Central Library shall consist of the following sections, namely.-

(i) a State Bureau of Copyright Collections;

(ii) a State Library for the Blind;

(iii) a State Bureau of inter-library loans;

(iv) a State Bibliographical Bureau;

(v) a State Bureau of Technical Service;

(vi) such other sections as may be prescribed.

Section 37 Sections of State Central Library

(1)

(a) One copy of each book received under the Press and Registration of Books Act, 1867 (Central Act 25 of 1867), shall be kept in the State Central Library as a Bureau of Copyright.

(b) Copies of books in the Bureau of Copyright shall not be issued by way of loan of any kind but may be made available for reference in the library premises.

(2)

(a) The production and storage of books, sound records of books and kindred materials for the blind, and the issue of such books and materials for the use of the blind shall be dealt within the section relating to the State Library for the Blind.

(b) The State Central Library may collaborate with other Libraries for the Blind in India and undertake such work as may be necessary for purposes of such collaboration.

(3)

(a) The State Bureau of inter-library loan shall implement such schemes of inter-library loans among the public libraries, academic libraries, State-owned libraries, aided libraries and the outlier libraries in the State as may be prescribed.

(b) The State Central Library may with the approval of the State Government, collaborate in any scheme of inter-State library loans.

(4)

(a) The State Bibliographical Bureau shall undertake such bibliographical work as may be prescribed, and may for this purpose collaborate with Departments of Government and educational and other bodies in the State.

(b) The State Central Library may, with the approval of the State Government, collaborate with Bibliographical Bureaus or agencies in India and undertake such bibliographical work as may be necessary for purposes of such collaboration.

(5)

(a) The State Bureau of Technical Service shall be maintained for centralised technical services, such as, acquisition, classification and cataloguing of books for public libraries, academic libraries, State-owned libraries, aided libraries and outlier libraries, in accordance with such schemes as may be prescribed.

(b) The State Central Library may, with the approval of the State Government, collaborate with other similar Bureaux of Technical Service in India and undertake such technical work as may be necessary for purposes of such collaboration:

Provided that no scheme under sub-section (3) or sub-section (5) shall be implemented in respect of any library other than a library-owned or controlled by the State, except with the concurrence of the authority which owns or controls such library.

CHAPTER 7 Reports, Returns and Inspection

Section 38 Reports and returns

Every Local Library Authority and every person in charge of a public library shall submit such reports and returns and furnish such information to the 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] or any person authorised by him in this behalf as the said librarian or authorised person may, from time to time, require.

Section 39 Inspection of libraries

The 22. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] or any person authorised by him in mis behalf may inspect any public library or any institution attached thereto for the purpose of satisfying himself that the provisions of this Act and the rules and bye-laws made thereunder are duly carried out.

Section 40 Annual Report

(1) The 33. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] shall, in respect of each financial year, prepare an annual report of the progress made by the Local Library Authorities during the year along with such information and particulars as may be prescribed and submit such report to the State Government before such date as the State Government may by order specify.

(2) The 44. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] shall, in respect of each financial year prepare an annual report of the activities of the State Library Authority during the year along with such information and particulars as may be prescribed and submit such report to the State Government before such date as the State Government may by order specify.

CHAPTER 8 Miscellaneous

Section 41 Power to make rules

(1) The State Government may, after previous publication, by notification, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for.-

(a) the method of election or nomination of members to the State Library Authority, the Local Library Authorities, the Branch Library Committees and the Village Service Library Committees;

(b) the maintenance of a State Library Fund and the City and District Library Funds;

(d) the maintenance of accounts by the State Library Authority and the Local Library Authorities and the publication of audited statement of accounts and the reports of auditors;

(e) the grants-in-aid to aided libraries and the standards to be maintained by such libraries;

(f) the maintenance of State Registers of Libraries, and of Librarians;

(g) the constitution of committees by the State Library Authority and the Local Library Authorities;

(h) the restrictions and conditions subject to which the State Library Authority or a Local Library Authority may enter into contracts, or acquire, hold or dispose of property.

(3) Every rule made under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more sessions and if before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 42 Power of State Library Authority and Local Library Authorities to make bye-laws

(1) The State Library Authority and every Local Library Authority may, subject to the provisions of this Act and the rules made thereunder and with the previous sanction of the State Government, by notification, 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.-

(a) the admission of the public to the public libraries under the control of the State Library Authority or the Local Library Authority subject to such conditions as may be specified in such bye-laws:

Provided that no fees shall be charged for such admission;

(b) the guarantee or security to be furnished by persons desiring to use such libraries, against injury to, or misuse, destruction or loss of the property of such libraries;

(c) the manner in which the property of such libraries may be used and the protection of such property from injury, misuse, destruction or loss;

(d) the authority to be exercised by the officers and servants of the State Library Authority or the Local Library Authority for the purpose of exclusion or removal from any such library of any person who contravenes or does not comply with any provisions of this Act or any rule or bye-laws made thereunder.

(3) Every bye-law made under this section shall be subject to the condition of previous publication for a period of not less than thirty days, and such publication shall be in the Official Gazette and in such other manner as may be prescribed.

(4) The State Government may by notification modify or cancel any bye-law made by State Library Authority or a Local Library Authority under this section:

Provided that before modifying or cancelling any bye-law, the State Government shall give the State Library Authority or the Local Library Authority concerned a reasonable opportunity to make its representations in the matter.

Section 43 Offences and penalties

Whoever.-

(a) in a public library or other institution maintained under this Act acts in any manner likely to cause annoyance or disturbance to any person using such library or institution, or behaves in a disorderly manner or uses violent or abusive language in any such library or institution; or

(b) after due warning persists in remaining therein beyond the hours fixed for closing, shall be liable to be removed from such library or institution and shall also be punishable with fine which may extend to rupees ten and for a second or subsequent offence with fine which may extend to rupees fifty.

Section 44 Control of Local Library Authorities by Government

(1) If, at any time, it appears to the State Government that a Local Library Authority has failed to perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, the State Government may communicate the particulars thereof to the Local Library Authority, and if the Local Library Authority omits to remedy such failure, excess or abuse or to give an explanation which in the opinion of the State Government is satisfactory within such time as the State Government may fix in this behalf, the State Government may supersede the Local Library Authority for such period as the State Government may direct.

(2) If a Local Library Authority is superseded.-

(a) all the powers and duties of the Authority shall, during the period of supersession, be exercised and performed by such person or persons as the State Government may from time to time appoint in this behalf;

(b) all property vested in the Local Library Authority shall during the period of supersession, vest in the State Government; and

(c) on the expiry of the period of supersession, the Local Library Authority shall be reconstituted in the manner provided in this Act.

Section 45 Liability of members for loss, waste or misapplication

(1) Every member of a Local Library Authority shall be personally liable for the loss, waste or misapplication of any money or other property of the authority to which he has been a party, or which has been caused or facilitated by his misconduct or neglect of his duty as a member.

(2) If after giving the member or members concerned a reasonable opportunity for showing cause to the contrary the 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] is satisfied that the loss, waste or misapplication of any money or other property of the Local Library Authority is a direct consequence of misconduct or neglect on his or their part, the 22. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] shall by order in writing direct such member or members to pay to the Local Library Authority before a specified date, the amount required to reimburse it for such loss, waste or misapplication.

(3) If the amount is not so paid, it shall be recoverable as an arrear of land revenue.

(4) An appeal shall lie from the decision of the 33. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries] to the Karnataka Revenue Appellate Tribunal within such period i may be prescribed, and the decision of the Karnataka Revenue Appellate Tribunal on such appeal shall be final.

Section 46 Members and employees of Library Authorities to be public vants

Every member of the State Library Authority or a Local Lib Authority and every officer and servant employed under such authority shall be deemed to be a public servant within the meaning of S.21 of the Indian Penal Code, 1860.

Section 47 Savings of validity of acts and Proceedings

No act done, or proceedings taken under this Act shall be questioned merely on the ground.-

(a) of any vacancy or defect in the constitution of any Authority or any Committee thereof; or

(b) of any defect or irregularity in such act or proceedings not affecting the merits of the case.

Section 48 Provisions relating to suits, etc

(1) No suit or other legal proceeding shall be instituted against the State Library Authority or a Local Library Authority or any of its officers or any person acting under its direction until the expiration of two months next after notice in writing shall have been delivered or left at the office of the authority or at the place of abode of such officer or person; such notice shall state the cause of action, the relief sought, the amount of compensation, if any, claimed, and the name and place of abode of the intending plaintiff.

(2) No suit or other legal proceeding shall lie against the State Government, the 11. Substituted for the words "State Librarian" by Act No. 30 of 1984, w.e.f. 22-5-1984 [Director of Public Libraries], the State Library Authority or a Local Library Authority, or any member, officer, servant or agent of such authority acting under its direction, in respect of anything done or intended to have been done lawfully and in good faith under this Act or any rule, bye-law or order made thereunder.

Section 49 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions as appear to it to be necessary or expedient for removing the difficulty.

Section 50 Transfer of certain libraries

(1)

(a) With effect from such date as the State Government may by notification appoint (hereinafter referred to in this sub-section as the appointed day), the entire management and control of the Public Library, Karnataka, now vested in the Committee of Management of the Public Library, Karnataka, shall be vested in the Karnataka City Library Authority.

(b) As from the appointed day, the Committee of Management of the Public Library, Karnataka, a society registered under the Karnataka Societies Registration Act, 1904, now deemed to be registered under the Karnataka Societies Registration Act, 1960, shall stand dissolved and all property, movable and immovable, and all rights, powers and privileges of the said society which immediately before the appointed day belonged to or vested in the said society shall vest in the Karnataka City Library Authority and shall be applied for purposes specified in this Act and such other purposes as may be prescribed.

(c) As from the appointed day, all debts and liabilities of the said society shall stand transferred to and vest in the Karnataka City Library Authority.

(d) Every employee of the said society shall, as from the appointed day, become an employee of the State Government and shall hold his office under the State Government as a member of the Karnataka State Library Service on the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to provident fund, gratuity and other matters, as he would have held the same as an employee of the said society, and shall continue to do so unless and until his remuneration, terms and conditions are duly altered by the State Govemment.

(2)

(a) The State Government may by notification transfer the Mahatma Gandhi Public Library, Mercara, to the Coorg District Library Authority, with effect from such date as may be specified in such notification.

(b) With effect from the day on which such transfer takes place, all assets and liabilities appertaining to the said library shall stand transferred to and vest in the Coorg District Library Authority.

(c) With effect from the day on which such transfer takes place, every person employed by the Government in connection with the said public library shall hold his office under the State Government as a member of the Karnataka State Library Service on the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to provident fund, gratuity and other matters, as he would have held the same if the transfer had not taken place and shall continue to do so unless and until his remuneration, terms and conditions are duly altered by the State Government.

(3)

(a) Notwithstanding anything contained in Section 47, with effect from such date as the State Government may by notification appoint (hereinafter referred to in this sub-section as the specified day), the entire management and control of Karnad Sadashiva Rao District Central Library, Mangalore shall stand transferred to the Mangalore City Library Authority.

(b) As from the specified day, the assets and liabilities of the South Kanara District Library Authority appertaining to the said District Central Library shall vest in the Mangalore City Library Authority, and the South Kanara District Library Authority in such proportion and in such manner as the State Government may direct.

(c) Every employee of South Kanara District Library Authority who was employed by the said Authority wholly or mainly in connection with the said District Central Library shall, as from the specified day, become an employee of the State Government and shall hold his office under the State Government as a member of the Karnataka State Library Service on the same tenure, at the same remuneration, and upon the same terms and conditions and with the same rights and privileges as to provident fund, gratuity and other matters, as he would have held the same as an employee of the South Kanara District Library Authority, and shall continue to do so unless and until his remuneration, terms and conditions are duly altered by the State Government.

Section 51 Amendment of the Press and Registration of Books Act, 1867 in its application to the State of Karnataka

The Press and Registration of Books Act, 1867 (Central Act XXV of 1867) shall, in its application to the State of Karnataka, be amended as follows.-

(i) in the first paragraph of Section 9, for clause (a), the following clause shall be substituted, namely.- "(a) in any case, within one calendar month after the day on which any such book shall first be delivered out of the press, three such copies, and";

(ii) in the last paragraph of Section 9, for clause (i), the following clause shall be substituted, namely.- "(i) any second or subsequent edition of a book in which edition no additions or alterations either in the letter press or in the maps, block prints or other engravings belonging to the book have been made, and three copies of the first or some preceding edition of which book have been delivered under this Act, or";

(iii) in Section 11, for the first sentence, the following sentence shall be substituted, namely.- "Out of the three copies delivered pursuant to clause (a) of the first paragraph of Section 9 of this Act, one copy shall be sent to the State Central Library, Bangalore, referred to in the Karnataka Public Libraries Act, 1965, and the remaining two copies shall be disposed of in such manner as the State Government may, from time to time determine".

Section 52 Repeal and savings

(1) The Madras Public Libraries Act, 1948 (Madras Act XXIV of 1948), and the Hyderabad Public Libraries Act, 1955 (Hyderabad Act III of 1955), are hereby repealed.

(2) Notwithstanding such repeal.-

(a) the members of the Local Library Authorities constituted under the Madras Public Libraries Act, 1948, and holding office immediately before the commencement of this Act shall be deemed to be the members of the Local Library Authorities constituted under this Act and shall exercise all powers and perform all duties conferred on such Authorities in the respective areas in which they are functioning at such commencement until their present term expires or until new authorities are constituted under this Act, whichever is later;

(b) anything done or any action taken (including any appointment or delegation made, fee or cess imposed, notification, order, instrument or direction issued, rule, regulation, form, or scheme framed) under the said Acts and in force at the commencement of this Act, shall be deemed to have been done or taken under the provisions of this Act and shall continue to be in force accordingly until they are superseded or modified by anything done or any action taken under this Act.

RULE:

KARNATAKA PUBLIC LIBRARIES RULES, 1966

In exercise of the powers conferred by Section 41 of the Kamataka Public Libraries Act, 1965 (Karnataka Act 10 of 1965), the Government of Karnataka hereby makes the following rules, the draft of the same having been published as required by sub-section (1) of the said section, in Notification No. ED 26 SLS 66, dated the 20th October, 1966 as No. GSR 1195 in Part IV-2-C(i) of the Karnataka Gazette, dated the 27th October, 1966, namely.

CHAPTER 1 Preliminary

Rule 1 Title

These rules may be called the Karnataka Public Libraries Rules, 1966.

Rule 2 Definitions

In these rules, unless the context otherwise requires,

(a) "Act" means the Karnataka Public Libraries Act, 1965 (Karnataka Act 10 of 1965);

(b) "Annexure" means an Annexure appended to these rules;

CHAPTER 2 Election to Library Authorities, and Branch Library Committees

Rule 3 Election of Members to the State Library Authority.

(1) The election of four persons by the Karnataka Legislative Assembly and two persons by the Karnataka Legislative Council to be held under clause (b) or clause (c), as the case may be, of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965 shall be according to the principle of proportional representation by means of the single transferable vote.

(2) One person to be elected by the Syndicate of each of the Universities in the State under clause (d) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965, shall be elected at a meeting of the Syndicate of the University by a simple majority vote of the members present and voting, at such meeting.

(3) One person to be elected by the Executive Committee of the Karnataka Library Association under clause (e) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of the Executive Committee of such Association convened for the purpose, from among its members by a simple majority vote of the members of the Executive Committee present and voting, at such meeting.

(4) One person to be elected by the City Library Authority of the City of Bangalore under clause (f) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of the said Authority convened for the purpose by a simple majority vote of the members present and voting at such meeting.

(5) One person to be elected by the City Library Authority under clause (g) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of such Authority convened for the purpose, by a simple majority vote of the members present and voting at such meeting.

(6) One person to be elected by the District Library Authority under clause (h) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of such Authority convened for the purpose by a simple majority vote of the members present and voting at such meeting.

Rule 4 Period within which elections to State Library Authority should be completed.

Where a person has to be elected as a member of the State Library Authority by any of the bodies referred to in sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965,

(a) consequent upon the expiry of the term of office of a member, not later than two months before the date of expiry of such term; or

(b) for filling a vacancy referred to in section to be filled by election, immediately after the occurrence of such vacancy, the State Librarian shall intimate where the person to be elected is from among the members of,

(i) the Karnataka Legislative Assembly, the Secretary of the Assembly;

(ii) the Karnataka Legislative Council, the Secretary of the Council;

(iii) the Syndicate of each of the Universities in the State, the Registrar of such University;

(iv) the Karnataka Library Association, the Secretary of such Association;

(v) any of the Library Authorities referred to in clauses (f), (g) and (h) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965, the Secretary of the appropriate Library Authority, to elect persons before the date of expiry of the term of office of the members of the State Library Authority, and where the election is for filling any vacancy, not later than one month from the date of receipt of such intimation.

Rule 5 Selection of members to a City Library Authority.

(1) Two persons to be elected to a City Library Authority under clause (c) of sub-section (1) of S.17 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of the Municipal Corporation, Municipal Council or other municipal body of the City by a simple majority vote of the members of such Corporation, Council or body, as the case may be, present and voting at such meeting.

(2) One person to be nominated by the Council of the City Branch of the Karnataka Library Association under clause (f) of sub-section (1) of S.17 OF THE Karnataka Public Libraries Act, 1965 shall be selected at a meeting of the Executive Committee of such Branch Association convened for the purpose, from among the members of such Branch Association by a simple majority vote of the members of the Executive Committee present and voting, at such meeting.

Rule 6 Selection of members to a District Library Authority.

(1) Two persons to be elected to a District Library Authority under clause (c) of sub-section (1) of S.18 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of the District Development Council of the District by a simple majority vote of the members of such Council present and voting, at such meeting.

(2) One person to be elected to a District Library Authority under clause (d) of sub-section (1) of S.18 OF THE Karnataka Public Libraries Act, 1965 by each municipal Council or other municipal body in the District shall be elected at a meeting of each such Council or body, as the case may be, by a simple majority vote of the members of such Council or body present and voting at such meeting.

(3) One person to be nominated by the Council of the District Branch of the Karnataka Library Association under clause (b) of sub-section (1) of S.18 OF THE Karnataka Public Libraries Act, 1965 shall be selected at a meeting of the executive committee of such Branch Association convened for the purpose, from among the members of such Branch Association by a simple majority vote of the members of the executive committee present and voting, at such meeting.

Rule 7 Period within which election to a City Library Authority or the District Library Authority should be completed.

(1) Where a person has to be elected as a member of a City Library Authority by a body referred to in clause (c) of sub-section (1) of S.17 OF THE Karnataka Public Libraries Act, 1965,

(a) consequent upon the expiry of the term of office of a member, not later than two months before the date of expiry of such term; or

(b) for filling a vacancy referred to in S.19 OF THE Karnataka Public Libraries Act, 1965 to be filled by election, immediately after the occurrence of such vacancy the Chief Librarian of the City shall intimate the Municipal Commissioner, or Chief Officer, of the Municipal Corporation, Municipal Council or other municipal body of the City, as the case may be, to elect persons before the date of expiry of the term of office of the members of such City Library Authority, and where the election is for filling any vacancy not later than one month from the date of receipt of such intimation.

(2) Where a person has to be elected as a member of a District Library Authority by any of the bodies referred to in clauses (e) and (d) of sub-section (1) of S.18 OF THE Karnataka Public Libraries Act, 1965,

(a) consequent upon the expiry of the term of office of a member, not later than two months before the date of expiry of such term; or

(b) for filling a vacancy referred to in S.18 OF THE Karnataka Public Libraries Act, 1965, to be filled by election, immediately after the occurrence of such vacancy, the Chief Librarian of the District shall intimate where the person to be elected is from among the members of,

(i) the District Development Council, the Secretary of such Council;

(ii) a Municipal Council, or other municipal body in the District, the Chief Officer of each such Municipal Council or President of the municipal body, as the case may be to elect persons before the date of expiry of the term of office of the members of the District Library Authority, and where the election is for filling any vacancy, not later than one month from the date of receipt of such intimation.

Rule 8 Election to a Branch Library Committee.

One person to be elected to a Branch Library Committee under clause (b) of sub-section (2) of S.29 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of the municipal Council, or other municipal body or panchayat having jurisdiction, by a simple majority vote of the members of such council, body or panchayat, as the case may be, present and voting, at such meeting.

CHAPTER 3 Meetings of Library Authorities

Rule 9 Notice of meetings of the State Library Authority.

(1) The Secretary shall give ten clear days' notice of every meeting of the State Library Authority to the members and shall forward with the notice an agenda paper containing the business to be transacted at the meeting. The President may place before the meeting any urgent item of business not included in the agenda.

(2) A special meeting shall be convened by the President for a date not more than fifteen days after the receipt of a written request in this behalf subject to the condition that the matters of urgent importance to be discussed at such special meeting are specially indicated in writing, and such request is supported by not less than one-third of the members of the State Library Authority.

Rule 10 Procedure for transaction of business at a meeting of the State Library Authority.

(1) If at any meeting there is no quorum, the President shall adjourn the meeting to a subsequent date. The Secretary shall give fresh notice of five clear days indicating the date and time of the adjourned meeting, and the business which should have been brought before the original meeting, had there been a quorum thereat shall be brought before the adjourned meeting and may be disposed of at such meeting provided there is quorum.

(2) All questions at any meeting of the State Library Authority shall be decided by a majority of the votes of the members present and voting and in case of equity of votes, the persons presiding shall have and exercise a second or casting vote.

(3) Voting shall be by show of hands but the State Library Authority may resolve that any question shall be decided by ballot.

(4) Except when voting is demanded by ballot, a declaration by the person presiding at such meeting that a proposition has been carried or lost shall be conclusive evidence of such proposition having been adopted or negatived, as the case may be.

(5) When voting is by ballot, the votes of all the members present who desire to vote shall be taken under the direction of the person presiding at the meeting and the result of the voting shall be deemed to be the decision of the State Library Authority at such meeting.

(6) The Secretary shall maintain a record of the proceedings and decisions of the meetings of the State Library Authority under the directions of the President.

Rule 11 Meetings of local Library Authorities and the procedure to be followed at such meetings.

(1) In the absence of the Chairman, and the Vice-Chairman, at a meeting of the local library authority, the members present at the meeting shall choose one among themselves to preside over such meeting.

(2) 11. Substituted for the words "The majority of the total number of members" by GSR 70, dated 20-12-1973, w.e.f. 7-3-1974 [One-third of the total number of members] of the local Library Authority shall be the quorum for a meeting of such Authority.

(3) The provisions of Rule 9 and Rule 10 shall mutatis mutandis apply for convening meetings of Local Library Authorities and the procedure to be followed at such meetings.

Rule 12 Election of Vice-Chairman of the District Library Authority.

The Vice-Chairman of the District Library Authority shall be elected at a meeting of such Authority from among its members by a simple majority vote of the members present and voting at such meeting.

CHAPTER 4 State Librarian

Rule 13 Qualifications of the State Librarian.

A person to be appointed as State Librarian under sub-section (1) of S.14 OF THE Karnataka Public Libraries Act, 1965 shall have the minimum qualification of (1) 22. Substituted for the words, brackets and figures "Bachelor's Degree of recognised University(2) Diploma or Degree in Library Science preferably Master's Degree in Library Science of a recognised University secured after one academic year's course and (3) with at least ten years working experience in a recognised Library and as Librarian of responsible post for five yearsAge not less than 40 years" by GSR 317, dated 28-8-1969, w.e.f 18-9-1969 [A Bachelor's Degree of a University established by law in India, (2) a degree or diploma in Library Science of a University established by law in India secured after not less than one academic year's course, (3) not less than ten years of working experience in a Library recognised by Government 11. Substituted for the brackets, figures and words "(4) not attained the age of 40 years and" by GSR 12, dated 29-12-1969, w.e.f. 15-1-1970 [(4) not less than 40 years of age and] (5) a pass in the following departmental examinations, namely.

1. Kannada Language Test.

2. General Law Parts I and II.

3. Accounts Higher:

Provided that in the case of a person appointed by direct recruitment he shall pass the aforesaid departmental examinations during the period of probation.]

CHAPTER 5 Local Library Development Plans

Rule 14 Preparation of City Library Development Plan.

(1) The City Library Development Plan to be prepared by a City Library Authority under sub-section (1) of S.27 OF THE Karnataka Public Libraries Act, 1965 for establishing libraries and spreading library service within its jurisdiction shall be as in form contained in Annexure I and shall be prepared in the following manner, namely,

(a) Public Libraries maintained by the Local Body of the City;

(b) Other libraries open to the public maintained by other co-operative agencies;

(d) School libraries maintained by other corporate agencies; and

(e) Hospital libraries.

(2) The City Library Development Plan to be prepared under sub-rule (1) shall contain the particulars as in Annexure-I.

Rule 15 Preparation of District Library Development plan.

(1) The District Library Development Plan to be prepared by a District Library Authority under sub-section (1) of S.27 OF THE Karnataka Public Libraries Act, 1965 for establishing libraries and spreading library service within its jurisdiction shall be as in form contained in Annexure-II and shall be prepared in the following manner, namely,

(a) Full outline of plan;

(b) Town sub-plan; and

(2) The District Library Development Plan to be prepared under sub-rule (1) shall contain the particulars as in Annexure-II.

Rule 16 Manner of publication of the salient features of Library Development Plans.

The salient features of every City Library Development Plan and District Library Development Plan prepared under sub-section (1) of S.27 OF THE Karnataka Public Libraries Act, 1965 shall be published in the following manner along with a notice as required by sub-section (2) of S.27 OF THE Karnataka Public Libraries Act, 1965 namely,

(1) By publication in the Official Gazette;

(2) By circulating in the local papers; and

(3) The date within which objections have to be forwarded to the Chief Librarian should be specified in the notice taking into consideration that the period to be allowed for sending objection must be a reasonable period after the actual date of publication in the Gazette.

CHAPTER 6 Maintenance of Library Funds

Rule 17 Maintenance of State Library Fund.

(1) The State Librarian shall open an account relating to the State Library Fund in the State Huzur Treasury, Bangalore.

(2) The sums referred to in sub-section (2) of S.33 OF THE Karnataka Public Libraries Act, 1965 and all other sums received or claimed by or on behalf of the State Library Authority shall be credited to the said Fund and an account of all moneys credited to and paid out of the said Fund shall be maintained by the State Librarian.

(3) From out of the State Library Fund amounts may be drawn by the State Librarian by the issue of cheques signed by him.

Rule 18 Maintenance of City Library Fund.

11. Sub-rule (10) substituted by GSR 113, dated 27-3-1979, w.e.f. 5-4-1979 [(l) The Chief Librarian of every City Library Authority shall open an account relating to the City Library Funds in the State Bank of Mysore or in a corresponding new Bank constituted under Banking Companies (Acquisition and transfer of undertakings) Act, 1979 (Central Act 5 of 1970).]

(2) The sums referred to in sub-section (2) of S.32 OF THE Karnataka Public Libraries Act, 1965 and all other sums received or claimable by or on behalf of City Library Authority shall be credited to the said Fund and an account of all moneys credited to and paid out of the said Fund shall be maintained by the Chief Librarian of such City Library Authority.

(3) From out of the City Library Fund amounts may be drawn by the Chief Librarian of a City Library Authority by the issue of cheques signed by him.

Rule 19 Maintenance of District Library Fund.

(1) The Chief Librarian of every District Library Authority shall open an account relating to the District Library Fund in the District Treasury or State Bank of Mysore.

(2) The sums referred to in sub-section (2) of S.32 OF THE Karnataka Public Libraries Act, 1965 and all other sums received or claimable by or on behalf of the District Library Authority shall be credited to the said fund and an account of all moneys credited to and paid out of the said Fund shall be maintained by the Chief Librarian of the District Library Authority.

(3) From out of the District Library Fund, amounts may be drawn by the Chief Librarian of the District Library Authority by the issue of cheques signed by him.

Rule 20 Manner of crediting Government grants to District Library Fund.

As soon as may be after the receipt of orders of Government by the District Library Authority indicating the amount of annual grant made, the District Library Authority under sub-section (1) of S.31 OF THE Karnataka Public Libraries Act, 1965, the Chief Librarian of the District shall prefer a bill for the payment of the amount due twice every year during the months of June and December, respectively, for authorisation of payment, to the appropriate officer of the State Government and the sum so authorised shall be credited to the District Library Fund.

CHAPTER 7 Accounts, Audit and Annual Report

Rule 21 Maintenance of accounts

The State Library Authority and the Local Library Authorities shall maintain an account of the income and expenditure and receipts and expenses in accordance with such instructions issued by the Controller, State Accounts Department of the State Government from time to time.

Rule 22 Audit, Disallowance and Surcharge.

22 Audit, Disallowance and Surcharge.

(1) The accounts of the State Library Fund and the City and District Library Funds shall be audited by the Auditors appointed by the Controller of the State Accounts Department of the State Government.

(2)

(a) The State Librarian shall submit the accounts in respect of the State Library Funds to the Auditors; and

(b) The Chief Librarians shall submit the accounts in respect of the City and District Library Funds to the Auditors.

(3) The Auditors may

(i) in writing require the production of any book, deed contract, account, voucher, receipt or other document for perusal or examinations of which they consider necessary;

(ii) in writing require any person who has the custody or control of any such document, or who is accountable for it to appear in person before them; and

(iii) require any person so appearing to make and sign a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto.

(4) The Auditors shall

(i) report to the State Library Authority in respect of the State Library Fund and to the Local Library Authority with regard to the Local Library Fund and material impropriety or irregularity which they may observe in the expenditure of recovery of moneys due to the Local Library Authority or in the accounts;

(ii) Furnish to the State Library Authority and the Local Library Authority concerned such an information as it may require concerning the progress of their audit;

(iii) report to the State Library Authority and the Local Library Authority concerned any loss or waste of money or other property owned by or vested in the said authorities caused by neglect or misconduct with the names of persons directly or indirectly responsible for such loss or waste; and

(iv) submit to the State Library Authority and City or District Library Authority with regard to State Library Fund and Local Library Fund, respectively final statement of the audit and a copy thereof to the State Librarian concerned within a period of three months from the end of the financial year or within such other period as the Government may from time to time notify.

(5)

(i) The State Librarian shall forthwith remedy any defects or irregularities that may be pointed out by the Auditors with regard to the accounts of the State Library Fund and report the same to the Government;

(ii) The Chief Librarian concerned shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and report the same to the State Librarian and to Government; and

(iii) The State Librarian shall submit to Government for their information within three months of the receipt of reports referred to in sub-rule 5(ii) as consolidated review of reports with special reference to the irregularities and special features, if any noticed, in audit and the action taken to remedy them.

(6) The Auditors may disallow every item contrary to law and surcharge the same on the person making or authorising the making of the illegal payment and may charge against any person responsible for the amount of any deficiency, loss of unprofitable outlay incurred by the negligence, or misconduct of that person or for any sum which ought to have been put is not brought into account by that person and shall in every such case, certify the amount due from such persons.

(7) The auditors shall state in writing the reason for their decision in respect of every disallowance, surcharge or charges.

(8) Every sum certified to be due from any person by the auditors under the Act shall be paid by such person to the State Library Authority or to the Local Library Authority as the case may be within fourteen days from the date of intimation by the Secretary of the State Library Authority or of the Local Library Authority, as the case may be, to such person of the decision of the auditors unless within that time he has appealed to Government against the decision and such sum if not so paid or such sum as the Government shall on appeal declare to be due shall be recoverable by the Local Library Authority.

Rule 23 Information and particulars to be included in the Annual Report

(1) The Annual Report to be prepared by the State Librarian under sub-section (1) of S.40 OF THE Karnataka Public Libraries Act, 1965 relating to the progress made by the Local Library Authorities during the year shall furnish the following information and particulars, namely. Annual Reports

1. Establishment.

(a) Professional Staff.

(b) Semi-professional staff.

2. Finance.

(a) Income.

(i) Grants.

(ii) Donations.

(b) Expenditure.

(i) Recurring.

(ii) Non-recurring.

3. Budget.

4. Building.

5. Books Collection.As on the beginning of the year book collection added during the year at the cost of Rs........

6. Statistics.

(a) Members as on beginning of the year.

(b) Members as enrolled during the year under report.

7. Circulations.

(a) Books issued home.

(b) Books consulted within the premises of the Library.

8. Newspapers and periodicals subscribed at the cost of Rs.......

9. Binding.

10. Stock taking.

11. General.

12. Suggestions.

(2) The Annual Report to be prepared by the State Librarian under sub-section (2) of S.40 OF THE Karnataka Public Libraries Act, 1965 relating to the activities of the State Library Authority during the year shall contain the following information and particulars.

1. Establishment,

(a) Professional Staff.

(b) Semi-professional staff.

2. Finance,

(a) Income.

(i) Grants

(ii) Donations

(b) Expenditure,

(i) Recurring.

(ii) Non-recurring.

3. Budget.

4. Building.

5. Books Collection.As on the beginning of the year book collection added during the year at the cost of Rs.......

6. Statistics,

(a) Members as on beginning of the year.

(b) Members as enrolled during the year under report.

7. Circulation,

(a) Books issued home.

(b) Books consulted within the premises of the Library.

8. Newspapers and periodicals subscribed at the cost of Rs.......

9. Binding.

10. Stock taking.

11. General.

12. Suggestions.

CHAPTER 8 Aided Libraries

Rule 24 Conditions to be fulfilled by aided libraries.

No library shall be eligible for aid unless it satisfies the conditions of eligibility laid down in Annexure-III and maintains such minimum standards relating to maintenance of library as may be laid down by the Department of Public Libraries.

CHAPTER 9 Maintenance of State Registers of Libraries and Librarians

Rule 25 Maintenance of State Registers of Libraries and Librarians.

(1) The State Librarian shall maintain a register of all public libraries in the State, and also a register of librarians of such public libraries.

(2) The Local Library Authorities shall maintain a register of all public libraries within their jurisdiction and also a register of librarians of such public libraries.

(3) The Secretary of every public library shall send to the Local Library Authority in whose jurisdiction such library is situated a statement showing the name of the library and the names and addresses of the members of the governing body of such library, the name and qualification of librarian of such library and also report to the Chief Librarian of such Local Library Authority any change in the personnel of the governing body or of the librarian with their addresses.

CHAPTER 10 Constitution of Committee by Library Authorities

Rule 26 Constitution of committees by the State Library Authority.

The State Library Authority may be resolution passed in this behalf constitute from among its members such number of committees consisting of such number of members as it thinks fit for purposes of assisting the State Library Authority in the discharge of its duties.

Rule 27 Constitution of Committees by Local Library Authorities.

(1) The election of members to the Executive Committee and Finance Committee of every Local Library Authority and to such other committees, of a local authority which have to be constituted by election from among the members shall be held at a meeting of such Local Library Authority.

(2) Notice of not less than five clear days before the date of the election of such committees shall be given to the members of the Authority.

(3) The names of persons who are willing to stand for the election shall be duly proposed at the meeting by a member of the Authority other than the candidate himself and seconded by any other member other than the proposer.

(4) A candidate who has been proposed and seconded may withdraw his candidature by making a statement to that effect at the meeting. The names of all the candidates who have been proposed and seconded and who have not withdrawn their candidature shall be read out by the person presiding.

(5) If the number of candidates whose names are so read out is equal to the number of persons to be elected, the person presiding shall declare all such candidates as duly elected.

(6) If the number of such candidates is less than the number of persons to be elected, the person presiding shall declare all such candidates duly elected and shall either call for fresh nominations or adjourn the election to fill up the remaining vacancies to the next meeting of the authority.

(7) If the number of candidates exceeds the number of persons to be elected, the votes of the members present at the meeting shall be taken by ballot.

(8) Every member wishing to vote shall be supplied with a voting paper on which the names of all candidates shall be typed, printed or cyclostyled in the following form in an alphabetical order, namely,

Name

Vote

(1)

(2)

(3)

Each member shall then proceed to the place set apart for the purpose and there, place a cross mark against the name of the candidate or the names of the candidates for whom he wishes to vote. He shall then fold up the voting paper so as to conceal his vote and deposit the same in a ballot box placed in the view of the person presiding at the meeting. The ballot box shall be so constructed that the voting paper may be placed therein but not extracted therefrom without the box being opened. The person presiding at the meeting shall then open the box and count the votes in the presence of two members (other than the candidates) who shall be nominated tellers by the person presiding.

Rule 28 Declaration of result of election.

The candidate who obtains the largest number of votes or if there is more than one vacancy; as many of the candidates at the top of the poll as there are vacancies to be filled shall be declared to have been duly elected. If there be any equally of votes between any two or more candidates and the addition of one vote to any one or more of such candidates will entitle him or them to be declared duly elected, the person presiding at the meeting shall decide by drawing lots in the presence of the members to which one or more of such candidates such additional vote shall be deemed to have been given.

Rule 29 Validity of votes

Any voting paper which contains the signature or writing of any of the voting members or on which marks are placed against more candidates than there are vacancies to be filled shall be invalid.

CHAPTER 11 Restrictions regarding contracts to be entered into by the Library Authorities

Rule 30 Restrictions regarding contracts to be entered into by the Library Authorities.

(1) No free grant of immovable property whatsoever may be its value, no grant for an upset price and no lease for a term exceeding five years and no sale or other transfer of immovable property by any of the library authorities shall be valid unless the previous sanction of Government is obtained.

(2) In the case of

(a) a lease for a period exceeding one year or of a sale or other transfer or contract for the purchase of any immovable property;

(b) every contract which will involve expenditure not covered by a budget grant; and

(c) every contract the performance of which cannot be completed within the official year current at the date of the contract, the sanction of the Library Authority by a resolution passed at a general meeting is required.

(3) In the case of a contract for the purchase of movable property or for the sale of any immovable property belonging to a Library Authority, if the expenditure which the purchase would involve or the value of the property to be sold as estimated in the accounts of any Library Authority exceeds rupees hundred in the case of a Local Library Authority and rupees two hundred and fifty in the case of a State Library Authority, the sanction of the appropriate Library Authority is required.

(4) Before any contract for the supply of materials or goods or for execution of any work which will involve expenditure exceeding rupees two hundred and fifty is entered into, tenders shall be invited in such manner as may from time to time be determined by the appropriate Library Authority from persons willing to enter into such contract, and when the estimated value exceeds rupees five hundred no such contract shall be entered into without the previous approval of the State Government or an officer duly authorised by the State Government in this behalf.

CHAPTER 12 Publication of Bye-laws

Rule 31 Manner of publication of bye-laws.

Every bye-law made under S.42 OF THE Karnataka Public Libraries Act, 1965 besides being published in the Official Gazette shall also be published,

(i) in two issues of a daily newspaper in Kannada circulating throughout the State, in the City or in the District, as the case may be;

(ii) by affixing copies of the bye-laws on the notice board of the office of the State Library Authority, or the local Library Authority, as the case may be, and by affixing copies of bye-law on the notice Board of the Karnataka State Central Library and the Public Libraries in the City or District, as the case may be.

CHAPTER 13 Period for preferring appeal against decision of State Librarian

Rule 32 Period for preferring appeal.

An appeal under sub-section (4) of S.44 OF THE Karnataka Public Libraries Act, 1965 against the decision of the State Librarian to the Karnataka Revenue Appellate Tribunal shall be filed within ninety days from the date of such decision.

Rule 33 Repeal.

The Karnataka Public Libraries (Constitution of Library Authorities) Rules, 1966, are hereby repealed except as respects things done under the said rules, before the date of commencement of these rules:

Provided that any thing done, any action taken (including elections held) shall be deemed to have been done or taken under the corresponding provisions of these rules.

ANNEXURE 1 ANNEXURE 1

ANNEXURE[See Rule 14(1)]

ANNEXURE 1

[See Rule 14(1)]

Form of the City Library Development Plan The Development Plan for a City shall furnish the following and any other relevant information about each of the Central and Branch Public Libraries and school and Hospital Library to be newly established:

1. The map furnished under Rule 14(1) shall indicate by a distinctive symbol each Public School and Hospital Library to be newly opened, including the Central Library;

2. The division and location therein;

3. The proposed year of establishment;

4. Information about illiteracy; and

(1) The kind of library service proposed to be given to the illiterates;

(2) Other agencies for the liquidation of illiteracy and the part proposed to be played by the library;

5. The number of adult schools in the division and manner in which the library expects to co-operate with them;

6. The estimated initial cost in regard to.

(1) Buildings and fittings;

(2) Furniture and office equipments;

(3) Reading and kindred materials;

(4) The number of years over which the expenditure of the initial cost is proposed to be spread;

(5) The amount which the Government is requested to provide;

(6) The other sources from which the rest of the amount is expected to be found;

(7) The estimated recurring cost for a year in regard to.

(a) The staff with details about the number of posts and grade of salaries;

(b) Furniture and office equipment;

(d) Insurance charges;

(e) The amount estimated to be appropriated from the library cess raised;

(f) The amount estimated to be found from other sources with the name of the sources; and

(g) The amount which the Government is requested to provide.

Time table of Development :

The Development Plan for a City shall state the estimated number of years in which full library service will be established and give a summary of the proposals in the form of a tentative yearly timetable giving for each year.

1. The establishment of the Central Library;

2. The number of Branch Libraries with the proportion of their number of the total population above age 18 and to the number of literates;

3. The number of School Libraries;

4. The number of Hospital Libraries;

5. The strength of the staff required.

(1) Professional;

(2) Semi-professional;

(3) Clerical;

(4) Unskilled;

6. The proportion of the professional and semi-professional staff to the total population above age 10 and the literates among them;

7. Progressive total of estimated capital expenditure with indication of the amount to be found:

(1) By the Government;

(2) By the Local Body of the City; and

(3) From other sources;

8. Estimates of annual expenditure with indication of the amount to be found.

(1) by the Government;

(2) by the Local Body of the City;

(3) from the proceeds of the Library cess; and

(4) from other sources.

ANNEXURE 2 ANNEXURE 2

ANNEXURE[See Rule 15(1)]

ANNEXURE 2

[See Rule 15(1)]

Form of the District Library Development Plan The Development Plan of a District Library Authority for establishing libraries and for spreading library service should be submitted in three parts, roughly speaking in the following sequence of priority:

1. Full outline of plan;

2. Town sub-plan; and

3. Village sub-plan.

1. While executing the plan, it may be expedient to begin with the District Central Library then implement the Town sub-plan, and thereafter implement the village sub-plan.

(1) Full outline of plan;

(2) Existing Library Service.

2. The Development Plan of a District Library Authority shall furnish information on the existing Library Service covering the following and any other relevant points:

(a) The map of the approved District area in which is shown by distinctive marks the location of the existing;

(1) Public Libraries maintained by the District Board, if any;

(2) Public Libraries maintained by Municipal Council or Village Panchayats;

(3) Other Libraries open to the Public and maintained by other corporate agencies;

(4) School Libraries maintained by the District Boards, if any;

(5) School Libraries maintained by Municipal Councils or Village Panchayats;

(6) School Libraries maintained by other corporate agencies;

(7) Hospital Libraries; and

(8) Prison Libraries:

2(a) (2) to 2(a) (6) Information showing details about each of the Libraries mentioned in 2(a) on the analogy of the rules given 2 to 7 for a City Library Plan.

3. Taking over a library.(1) These rules are on the analogy of the corresponding rules for the City Development Plan.

(2) The number of prisons and the average number of prisoners per day.

(3) New Libraries to be established.

These rules are on the analogy of the corresponding Rules for the City Development Plan with the addition of "Prison Libraries" wherever appropriate.

(4) Time table of Development.These rules are on the analogy of the corresponding rules for the City Development Plan and in addition the following:

(a) The number of Prisons Libraries; and

(b) The number of libraries.

4. Town sub-plan.

(a) A Rural Library Development Plan shall furnish a sub-plan for each of the two towns included in the approved rural area, giving details as required for a City Library Plan; and

(b) In framing the sub-plan for a town, it must be borne in mind that a public library maintained under a town sub-plan will cease to be an independent unit and become a rural branch library as soon as the District Central Library for the approved rural area of the District within which it lies is established.

5. Village sub-plan.

A village sub-plan can be submitted only for the villages and hamlets in an area for which the District Central Library has been established.

(1) A village sub-plan shall furnish the following and any other relevant information about the progressive extension of travelling library service to the villages and hamlets falling within the area of a District Central Library.

(a) A map of the area showing the nature of the terrain, the roads to be taken by the travelling library, and the service stations the ideal to be aimed being one service station for each habitation such that no resident of a habitation has to walk more than a kilometre to reach the service-station;

(b) The number of travelling libraries or librachines to be brought with time table showing the yearly addition and the cumulative totalit being remembered that the ideal to be reached is roughly one librachine for a population of 25,000 or for 10 service stations so that a librachine calls at each service station once in a fortnight;

(c) The number of travelling staff proposed to be appointed with a time table showing the yearly addition and cumulative total;

(d) The number of social education centres in the range and the manner in which the library expects to co-operate with them;

(e) The estimated initial cost with a timetable showing the yearly amount and cumulative total for:

(1) The Librachines and their fittings;

(2) The garage and servicing place to be added to the rural Central Library Building;

(3) Furniture and office equipment;

(4) Reading and kindred materials;

(5) The number of years over which the expenditure of the initial cost is proposed to be spread;

(6) The amount which the Government is requested to provide; and

(7) The other sources from which the rest of the amount is expected to be found;

(f) The estimated recurring cost with a time table showing the yearly addition in regard to:

(1) Staff with details about the number of posts and grades of salaries;

(2) Furniture and office equipment;

(3) Reading and kindred materials;

(4) Insurance charges;

(5) The amount estimated to be found from library cess;

(6) The amount estimated to be found from other sources with the name of the sources; and

(7) The amount which the Government is requested to provide.

ANNEXURE 3 ANNEXURE 3

ANNEXURE[See Rule 24]

ANNEXURE 3

[See Rule 24]

Rules relating to conditions of eligibility for Grant-in-Aid

1. Free consultation.

(a) The library should be open to all the people of the locality for consultation within the premises, although lending of books may be to subscribers;

(b) The Library should be kept open for use by the public for not less than 30 hours in a week;

(d) The Library shall have books and not merely newspapers and periodicals.

2. Subscription or registered borrowers.

(a) In case the Library charges subscription for borrowing books, the eligibility to become a subscriber to the library, who can borrow books for reading at home, should be open to any audit in the locality; and

(b) The Library should have a minimum number of subscribers or registered borrowers to be fixed by the State Librarian.

3. Service Station Facilities.

The Library should function as a Service Station of the District or the City Central Library as the case may be. That is, it should receive the books rent by the Central Library or a Branch Library of the Local Library Authority for circulation among the residents of its locality, lend them to those residents free of subscription, return the books to the Central or Branch Library concerned on demand, furnish the issue statistics for such books, and help the Local Library Authority in every reasonable way in giving book service to the people.

4. Management.

(a) Managing Committee.The management of the affairs of the Library should vest in a Managing Committee elected periodically at a general body meeting of the subscribers, unless the library is maintained and managed by an approved corporate body.

(b) Constitution. A copy of the memorandum and constitution and the bye-laws of an Aided Library or of an approved corporate body, as the case may be, should be furnished to the Librarian of the Local Library Authority of its area, once in a year.

The names of the members of the Managing Committee of the Aided Library or of the Executive of the approved corporate body, as the case may be, should be furnished to the librarian of the Local Library Authority of its area within one month of the periodical election of appointment as the case may be. Any interim change should be reported to the said librarian within a month of the change.

5. Administration.

(a) Annual subscription.

The minimum annual receipt of the library from subscribers should be Rs. 50 or the minimum annual found provided to the library by the approved corporate body should be Rs. 500.

(b) Accounts and records.

The accounts, records, and the statistics prescribed by the State Librarian should be maintained by the library and should be open to inspection by the State Librarian or any agent appointed by him.

The annual accounts of the library should be submitted for audit by the Examiner of Local Fund Accounts, who will have to certify that the grant paid has been utilised for the purpose for which it was given.

(d) Annual Inspection.

The quality and quantity of service rendered by the library should be open to inspection by such agency as the State Librarian may appoint for the purpose. A different agency may be appointed for the different districts and cities.

6. Utilisation of the Grant.

(a) Books.75 per cent of the grant received by the library should be utilised for the purchase of new books for the library.

(b) Other than books.

The remaining 25 per cent of the grant received by the library may be utilised for other library purposes, if necessary, with the previous approval of the librarian of the Local Library Authority concerned.

A copy of each bill paid out of the grant with the certificate of payment written on it and signed by the Chairman of the Managing Committee or the Executive Officer of the approved corporate body and the receipt of the party receiving the money, should be sent to the Librarian of the Local Library Authority concerned at the end of each month, along with a statement of the utilisation of the grant in the form prescribed by the State Librarian.

(d) Physical verification.Each Library should give facilities to the auditor or any other agent appointed for the purpose, for the physical verification of the books and the other materials covered by the bills to be audited.

(e) Submission to auditor.

(1) The certified bills and the monthly statements received by the Librarian of the Local Library Authority concerned will form the primary basis for audit.

(2) The accounts for the income and expenditure from its own sources of income should be submitted by the Library each year to such audit as the Government may prescribe. The report of this audit will form the basis for the determination of the annual grant.

7. Lapsing of grant.

(a) Time for utilisation.The grant for a year should be utilised by the library before the end of the year.

(b) Unutilised amount.Any part of the grant for a year, left unutilized by the Library during the year, will be deducted from the grant due to be paid to the library during the next year.

KARNATAKA PUBLIC LIBRARIES (CONSTITUTION OF LIBRARY AUTHORITIES) RULES, 1966

In exercise of the powers conferred by Section 41 of the Karnataka Public Libraries Act, 1965 (Karnataka Act 10 of 1965), the Government of Karnataka hereby makes the following rules, the draft of the same having been published as required by sub-section (1) of the said section, in Notification No. ED 26 SLS 65 as GSR No. 876 in Part IV-2-C(i) of the Karnataka Gazette, Extraordinary (No. 61), dated the 28th March, 1966.

Rule 1 Title and commencement

(1) These rules may be called the Karnataka Public Libraries (Constitution of Library Authorities) Rules, 1966.

(2) They shall be deemed to have come into force on the First day of April, 1966.

Rule 2 Definitions

In these rules, unless the context otherwise requires,

(a) "Act" means the Karnataka Public Libraries Act, 1965 (Karnataka Act 10 of 1965);

(b) "Section" means a section of the Act.

Rule 3 Election of members to the State Library Authority

(1) The election of four persons to the State Library Authority by the Karnataka Legislative Assembly from amongst its members and two persons by the Karnataka Legislative Council from amongst its members to be held in accordance with clauses (b) and (c) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965 shall be according to the principle of proportional representation by means of the single transferable vote.

(2) One person to be elected to the State Library Authority by the Syndicate of each of the Universities in the State in accordance with clause (d) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965, shall be elected at a meeting of the Syndicate of such University by a simple majority vote of the members present and voting, at such meeting.

(3) One person to be elected by the Executive Committee of the Karnataka Library Association under clause (e) of sub-section (2) of S.3 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of the Executive Committee of such Association convened for the purpose, from among the members of such Association by a simple majority vote of the members of the Executive Committee present and voting at such meeting.

Rule 4 Election and nomination of members to a City Library Authority

(1) Two persons to be elected to a City Library Authority by the members of the municipal Corporation, municipal Council or other municipal body of a city for which such Authority is constituted shall be elected at a meeting of such Corporation, municipal Council or other municipal body of the city by a simple majority vote of members of such municipal Corporation, municipal Council or other municipal body, as the case may be, present and voting, at such meeting.

Rule 5 Election of members to a District Library Authority

(1) Two persons to be elected to a District Library Authority by the members of the District Development Council of a District for which such Authority is constituted shall be elected at a meeting of the District Development Council of such District by a simple majority vote of the members of the District Development Council present and voting, at such meeting.

(2) One person to be elected to a District Library Authority by each municipal Council or other municipal body in the district from among its members in accordance with clause (d) of sub-section (1) of S.18 OF THE Karnataka Public Libraries Act, 1965 shall be elected at a meeting of each such municipal Council or other municipal body of the district by a simple majority vote of the members of such municipal Council or other municipal body present and voting, at such meeting.

(3) One person to be nominated by the Council of the District Branch of the Karnataka Library Association under clause (f) of sub-section (1) of S.18 OF THE Karnataka Public Libraries Act, 1965 shall be selected at a meeting of the Executive Committee of such Branch Association convened for the purpose, from among the members of such Branch Association by a simple majority vote of the members of the Executive Committee present and voting, at such meeting.

Act Type :- Karnataka State Acts

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