MADRAS PUBLIC LIBRARIES ACT, 1948

Preamble - THE MADRAS PUBLIC LIBRARIES ACT, 1948

 

THE MADRAS PUBLIC LIBRARIES ACT, 1948

[Act No. 24 of 1948]

PREAMBLE

An Act to provide for the establishment of public libraries in the Province of Madras and the organisation of a comprehensive rural and urban library service therein.

WHEREAS it is expedient to provide for the establishment of public libraries, and the organisation of a comprehensive rural and urban library service, in the Province of Madras; It is hereby enacted as follows:-

 

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Madras Public Libraries Act, 1948.

 

(2)     It extends to the whole of the [1] [State] of Madras.

 

(3)     This section shall come into force at once; and the rest of this Act shall come into force on such date as the, Government may, by notification, appoint.

 

Section 2 - Definitions

In this Act.unless there is anything repugnant in the subject or context-

(1)     'aided library' means a library declared by the Director to be eligible for aid from the Government;

 

(2)     Director' means the Director of Public Libraries appointed under section 4;

 

(3)     'district' means a revenue district;

 

(4)     'Government' means the [2] [State] Government;

 

(5)     'notification' means a notification published in the Fort St. George Gazette;

 

(6)     'prescribed' means prescribed by rules made under this Act;

 

(7)     [3] [xxxx]

 

(8)     'public library' means a library established or maintained by a Local Library Authority, and includes the branches and delivery stations of such a library; and

 

(9)     'year' means the financial year.

 

Section 3 - xxxx

[4] [Omitted]

 

Section 4 - Appointment and duties of Director

The Government shall appoint a Director of Public Libraries for the [5] [State] and he shall, subject to their control-

(a)      [6] [xxxx]

 

(b)      superintend and direct all matters relating to public libraries:

 

(c)      declare in accordance with the rules made under this Act. what libraries are eligible for aid from the Government and superintend and direct all matters relating to such libraries;

 

(d)      superintend and control the work of all Local Library Authorities under this Act;

 

(e)      submit to the Government every year a report on the working of libraries under this Act in the previous year; and

 

(f)       Perform such other duties and exercise such other powers as are imposed or conferred by this Act or the rules made thereunder.

 

Section 5 - Constitution of Local Library Authorities

(1)     For the purpose of organizing and administering public libraries in the [7] [state], there shall be constituted Local Library Authorities [8] [xxxx] one for each district.

 

(2)     [9] [xxxx]

 

(a)      three members elected by the Corporation of Madras;

 

(b)      eight members nominated by the Government, of whom-

 

(i)       three shall be office-bearers of libraries situated in the city of Madras and recognised in this behalf by the Government.

 

(ii)      two shall be headmasters or headmistresses of high schools in the City of Madras, and

 

(iii)     one shall be the principal of a college in the City of Madras;

 

(c)      the holder for the time being of an office, which the Government may from time to time, specify in this behalf.

 

(3)     The Local Library Authority for each district shall consist of-

 

(a)      ten members nominated by the Director, of whom-

 

(i)       three shall be office-bearers of libraries situated in the district and recognised in this behalf by the Government, and

 

(ii)      five shall be headmasters or headmistresses of high schools or principals of colleges in the district;

 

(b)      one member elected by the district board, and where there are two or more district boards in the district, one member elected by each such district board;

 

(c)      such number of members as may be elected by the presidents of the panchayats in the district, the presidents of the panchayats in each taluk electing one member;

 

(d)      such number of members as may be elected by the municipal councils in the district, each municipal council electing one or more members in accordance with the following scale:-

(e)      the holder for the time being of an office which the Government may, from time to time, specify in this behalf

 

(4)     The member referred to [10] [x x x] in clause (e) of sub-section (3) [11] [x x x] shall be the Secretary of the Local Library Authority concerned.

 

(5)     Every Local Authority shall elect one of its members to be its Chairman.

 

(6)     Subject to the provisions of sub-section (8), the term of office of a nominated or elected member of a Local Library Authority shall be three years from the date of his nomination or election, as the case may be.

 

(7)     A vacancy in the office of a nominated or elected member of a Local Library Authority occurring otherwise than by efflux of time shall be filled by nomination or election in accordance with the provisions of [12] [x xx x] sub-section (3) [13] [xxxx] and the person nominated or elected to fill the vacancy shall, subject to the provisions of sub-section (8). hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.

 

(8)     A member nominated in his capacity as the holder of a particular office shall, if he ceases to be the holder of that office, cease to be a member of the Local Library Authority.

 

(9)     No act of a Local Library Authority shall be deemed to be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, that Authority.

 

(10)   Members of Local Authorities shall be eligible for re-nomination or re-election.

 

Section 6 - Incorporation of Local Library Authorities

Every Local Library Authority shall be a body corporate, by the name of the area for which it is constituted, shall have perpetual succession and a common seal and shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding or transferring property movable or immovable, of entering into contracts and of doing all things necessary, proper or expedient for the purposes for which it is constituted.

 

Section 7 - Executive Committees and sub-committees of Local Library Authorities

(1)     A Local Library Authority may appoint an executive committee consisting of such number of its members, not exceeding seven, as it may deem fit and delegate to such committee all or any of its powers or duties under this Act.

 

(2)     A Local Library Authority may also from time to time appoint subcommittees to enquire into and report or advice on any matters which it may refer to them.

 

Section 8 - Scheme to be submitted by Local Library Authorities

(1)     As soon as possible after a Local Library Authority is constituted, and thereafter as often as may be required by the Director, every Local Library Authority shall, and whenever it considers it necessary so to do, a Local Library Authority may, prepare a scheme for establishing libraries and for spreading library service within its area and submit it to the Director for sanction. The Director may sanction it with such modifications and additions, if any, as he may think fit and the Local Library Authority shall give effect to the scheme as so sanctioned by him.

 

(2)     The director may suomotu or on application by the Local Library Authority concerned modify any scheme sanctioned under sub-section (1) or replace it by a new scheme.

 

Section 9 - Powers of Local Library Authorities

A Local Library Authority may-

(a)      provide suitable lands and buildings for public libraries and also the furniture fittings, materials and conveniences requisite therefor;

 

(b)      stock such libraries with books, periodicals, newspapers, maps, works and specimens of art and science, lantern slides, cinema reels and any other thing suitable for other purpose;

 

(c)      employ from time to time such staff as it considers necessary, for such libraries;

 

(d)      with the previous sanction of the Government, close or discontinue any public library or change the site thereof;

[14] [(e) accept, with the previous sanction of the director or the Government, any gift of books, or, with the previous sanction of the Government, any other gift or endowment for any purpose connected with its activities;]

(f) ???provided for lectures and the holding of classes; and

(g) ??in general, do everything necessary to carry out the provisions of this Act.

 

Section 10 - Vesting of properties in Local Library authorities

All property, movable and immovable, acquired or held for the purpose of any public library in any area shall vest in the Local Library Authority of that area.

 

Section 11 - Regulations by Local Library Authorities

(1)     Subject to the provisions of this Act and the rules made thereunder, a Local Library Authority may make regulations generally to carry out the purposes of this Act and, without prejudice to the generality of this power, such regulations may provide for-

 

(a)      the admission of the public to public libraries in its area on such conditions and on payment of such fees as it may specify;

 

(b)      requiring from persons desiring to use such libraries any guarantee or security against injury to, or misuse, destruction, or loss; and

 

(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; and

 

(d)      authorizing its officers and servants to exclude or remove from any such library any person who contravenes or fails to comply with the provisions of this Act or the rules or regulations made thereunder.

 

(2)     The Government may, in their discretion, modify or cancel any regulation made by a local Library Authority under section (1);

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

 

Section 12 - Library cess

(1)     (a) Every Local Library Authority shall levy its area a library cess in the form of a surcharge on the property tax or house tax levied in such area under [15] [xxxx] the Madras District Municipalities Act, 1920, or the Madras Local Boards Act, 1920, as the case may be, at the rate of six pies for every whole rupee in the property tax or house tax so levied.

(b) A Local Library Authority may, with the previous sanction of the Government and shall, if so directed by them, increase the rate specified in clause (a).

(2)     The cess levied under sub-section (1) shall be collected-

[16] [(a) xxxx]

(b)? ?in an area within the jurisdiction of a municipal council, by the municipal council;

(c)?? ?in an area within the jurisdiction of a panchayat by the panchayat; and

(d) ??in an area in district not included within the jurisdiction of a municipal council or a panchayat by the district board, as if the cess were a property tax or house tax payable under [17][xxx] or the Madras District Municipalities Act, 1920, or the Madras Local Boards Act, 1920 as the case may be, and all the relevant provisions of the said Acts shall apply accordingly:

Provided that the Government may, by notification, direct that for the purposes of the collection of the cess aforesaid, the provisions of [18] [x xx x] or the Madras District Municipalities Act, 1920, or the Madras Local Boards Act, 1920 as the case may be, shall apply subject to such modifications as may be specified in the notification.

(3)     The cess collected under sub-section (2) shall be paid to the Local Library Authority concerned by [19] [x x x] the municipal council, the panchayat or the district board, as the case may be.

 

Section 13 - Library Fund

(1)     Every Local Library Authority shall maintain a fund called the 'Library Fund' from which all its expenses under this Act shall be met.

 

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

 

(a)      the cess collected under section 12, sub-section (2):

 

(b)      contributions, gifts, and income from endowments made for the benefit of public libraries;

 

(c)      Special grants which the Government may make for any specific purpose connected with libraries;

 

(d)      Fees, fines and other amounts collected by the Local Library Authority under any rules or regulations made under this Act.

 

(3)     The Government shall contribute to the Library fund maintained by every Local Library Authority other than the Local Library Authority [20] [x x x] a sum not less than the cess collected under section 12, sub-section (2).

 

Section 14 - Maintenance of accounts

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

 

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

 

Section 15 - Supersession or reconstitution of library authorities

Notwithstanding any provision in the Act, the Government may, in cases where they think it is necessary to do so, supersede or reconstitute any Library Authorities constituted under the Act:

Provided, however, the Government shall give notice to the Authority concerned together with the grounds on which they propose to supersede or reconstitute and shall consider any explanations that may be offered by such Authority.

 

Section 16 - Reports and returns

Every Local Library Authority and every person in charge of a public or aided library shall submit such reports andreturns and furnish such information to the director or any person authorized by him as the director or the person authorised may, from time to time, require.

 

Section 17 - Inspection of libraries

The Director, or any person authorized by him may inspect any public or aided library or any institution attached thereto for the purpose of satisfying himself that the provisions of this Act and the rules and regulations thereunder are duly carried out.

 

Section 18 - Power to make rules

(1)     The Government may by notifications, make rules consistent with this Act to carry out the purposes thereof.

 

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

 

(a)      all matters required or allowed to be prescribed under this Act;

 

(b)      the method of conducting the election of members to Local Library Authorities and all matters connected therewith;

 

(c)      the matters to be included in the scheme referred to in section 8;

 

(d)      the maintenance of the minutes of the proceedings of Local Library Authorities;

 

(e)      the publication of audited statements of the accounts of such authorities and of the reports of the auditors; and

 

(f)       a Library Grant-in-aid Code, regulating the Government's aid to, and the declaration, inspection and co-ordination by the Director of, aided libraries and the standards to be maintained by such libraries.

 

Section 19 - Amendment of the Press and Registration of Books Act, 1867 in its application to the State

Amendment of the Press and Registration of Books Act, 1867 in its application to the [21] [State]

The Press and Registration of Books Act, 1867, shall, in its application to the [22] [State] be amended as follows:

(i)       In section 9, first paragraph, clause (a) (which relates to the delivery to the Government of copies of books by the printer of a press), for the words "one such copy", the words "five such copies" shall be substituted.

 

(ii)      In the same section, in the last paragraph, clause (i), for the words "a copy of the first or some preceding edition of which book has been delivered". The words "five copies of the first or some preceding edition of which book have been delivered" shall be substituted.

 

(iii)     In section 11, for the first sentence; the following sentence shall be substituted, namely:-

"Out of the five copies delivered" pursuant to clause (a) of the first paragraph of section 9 of the Act.four copies shall be sent to the central library referred to in section 4, clause (a), of the Madras Public Libraries Act, 1948 and the fifth copy shall be disposed of in such manner as the [23][State] Government may, from time to time, determine."