The ORISSA PUBLIC LIBRARIES ACT, 2001

The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 368 Date : 11th March, 2002 *THE ORISSA PUBLIC LIBRARIES ACT, 2001 Orissa Act 3 of 2002 No. 4623-Legis. - The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 28th February 2002, is hereby published for general information .AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A NETWORK OF PUBLIC LIBRARIES IN THE STATE OF ORISSA AND TO MAINTAIN, REGULATE, GUIDE, CONTROL, SUPERVISE, INTEGRATE AND CONSOLIDATE THE LIBRARIES IN THE STATE AS ALSO TO PROVIDE FOR A COMPREHENSIVE RURAL AND URBAN LIBRARY SERVICE IN THE STATE AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO Be it enacted by the Legislature of the State of Orissa in the Fifty second year of the Republic of India as follows: Short title and 1. (1) This Act may be called in Orissa Public Libraries Act, 2001. commencement (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date at the State Government may, by notification, appoint. Definition 2. In this Act, unless the context otherwise requires (a) "aided library" means a library which is open to public and declared by the Director to be eligible for grant-in-aid from the Library Fund in the accordance with the rules made under this Act, and includes a library which is receiving grant-in aid from Government; "book" includes (b) every volume, part of division of a volume, and pamphlet, in any language; (ii) every sheet of music, map, chart or plan separately printed or lithographed; and (iii) newspapers, periodicals, paintings, film slides paper * Published vide Orissa Gazette Ext. No. 368 dt. 11.3.2002 manuscripts, plan leaf manuscripts, micro-films and discs or tape used for audio-visual information or electronic information for the purpose of providing services to the public; (c) "City Library" means a public library established or declared as a City Library under Sub-section (2) of Section 10; (d) "Council" means the Orissa Public Library Council constituted under Section 3; (e) "Director" means the Director of Public Library referred to in Section 7; (f) "Director, Culture" means Director of Culture Government of Orissa; (g) "District Library" means a public Library established as a District Library under Sub-section (1) of Section 10; (h) "District Library Committee" means as the District Library Committee constituted under Section 11; (i) "Gandhi Pathagar" means a library established by Government at Block level; (j) "Government" means the State Government (k) "Library Fund" means the Orissa Public Library Fund maintained under Section 4; (l) "Library Fund" means the Orissa Public Library Fund maintained under Section 12; (m) "Library services" means the services provided by a Public Library in relation to lending of books and references, abstracts, bibliographies and indexes of books and access to information recorded by electronic media; (n) "prescribed" means prescribed by rules made under this Act; (o) "Public Library" means (a) a library which is open to public and established or maintained by the Government; (b) an aided library such as libraries functioning under or other departments of Governments open to the public and includes a Gandhi Pathagar with is branches and delivery stations, if any, and, any other library which may be declared by Government from time to time, as a Public Library. (p) "Public Library System" means an organic interlinking of all Public Libraries in the State into a network to facilitate library services in a systematic and organized manner; (q) "Raja Ram Mohan Roy Library Foundation" means the / Raja Ram Mohan Roy Library Foundation established by the Government of India for expansion of public library services in the country; 2 (r) "State Library" means the library established by Government at the State Capital which has been named as Hare Krushna Mahatab State Library; (s) "Year" means the financial year. Constitution of 3. (1) For the purpose of advising the Government on matters concerning Orissa Public the management and development of public library system and library services Library Council in the State formulation of training policies and programmes in relation to such system and services and such other matters relating thereto as may be prescribed, the Government may, by notification, constitute a Council to be called the Orissa Public Library Council. (2) The Council shall consist of the following members namely; (a) the Minister-in-Charges of the Department of Tourism and Culture (Culture) who shall be Chairperson of the Council; (b) Secretaries to Government in the Departments' of Tourism and Culture (Culture), Higher Education, School and Mass Education, Revenue, Information and Public Relations, Panchayati Raj, Finance and Information Technology; (c) Director, Public Libraries who shall be the Member Secretary; and (d) fifteen other members to be nominated by Government as follows: (i) one from amongst the members of the Orissa Legislative Assembly. (ii) one from amongst the members of Parliament representing the State of Orissa or any Constituency thereof; (iii) one from amongst the Chairpersons of Zilla Parishads in the State: (iv) one who, in the opinion of Government is an expert in public library system and library services; (v) one who is the President of Secretary of any library association in the State and has rendered valuable service for the development of library movement and education; (vi) one from amongst the teachers of Post-graduate Teaching Department of Library and Information Science of different University in the State: Provided that the members specified in Sub-clause (iii) and (vi) shall be nominated on rotation basis in the manner as may be prescribed. (iv) one who, in the opinion of Government is an expert in public library system and library services; (v) one who is the President of Secretary of any library association in the State and has rendered valuable service for the development of library movement and education; (vi) one from amongst the teachers of Post-graduate Teaching 3 Department of Library and Information Science of different University in the State: Provided that the members specified in Sub-clause (iii) and (vi) shall be nominated on rotation basis in the manner as may be prescribed. (vii) three representative of rural aided libraries from three Revenue Divisions of the State of may be nominated by concerned Revenue Divisional Commissioner; (viii) three eminent writers, of whom two shall be women, as may be nominated by the Government; (ix) two eminent persons from outlying Oriya speaking tracts across the State border; and (x) one representative of the book publishers as may be nominated by the Government. (3) The term of office of, the procedure to be followed in discharge of their functions by, and the manner of filing casual vacancies among members of the Council shall be such as may be prescribed. Constitution of 4. (1) The Government shall, as soon as may be, after the commencement Public Library of this Act, by notification, constitute a body to be called the Orissa Public Authority Library Authority which shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act and the rules made there under, to acquire hold and dispose of property and to enter into contracts and shall, by the said name, Sue and be sued. (2) The Library Authority shall consist of (a) the Minister-in-Charge of the Department of Tourism and Culture (Culture), who shall be the Chairperson; (b) The Secretary to Government in the Department of Tourism and Culture (Culture), who shall be the Working Chairperson; and (c) Director, who shall be the Member-Secretary; 5. Subject to the provisions of this Act, the rules, made there under and Powers and functions of Library the general or special direction, if any, of the Government, the Library Authority Authority shall exercise the following powers and perform the following functions, namely: (a) to evolve, and, subject to the approval of Government, finalise perspective plans for the developments of public library system and library services in the State which shall be executed by it through the Director and to co-ordinate, and determine the standard of library services form village level to State level; (b) to sanction the opening of Public Libraries subject to availability of funds; (c) to decide policy for the selection and purchase of books required by Public Libraries in the State and, for that purpose, constitute sub-committed in such manner and consisting of such persons as 4 may be prescribed; (d) to set up such other sub-committees may be necessary from time to time to regulate its work; (e) to approve and submit to Government every year, the audited statements of accounts and utilization certificates of its funds; (f) to accept endowments, be quests, donations, grants, and transfer of any movable and immovable properties made over to the Library Authority; and q(g) to exercise such other powers and perform such other functions as may be prescribed. Powers and 6. (1) The Chairperson shall be the head of the Library Authority and he, or functions of in his absence the Working Chairperson shall preside over the meetings of the Chairperson and Library Authority. Working Chairperson of (2) The Chairperson shall supervise the implementation of policies and Library Authority programmes of the Library Authority and exercise such other powers and perform such other functions as may be prescribed. (3) The Chairperson may, in writing delegate such of his powers and functions as he may consider necessary, to the Working Chairperson. 7. (1) The Government shall, for the purpose of carrying out the objects of Constitution of Directorate this Act. constitute a separate Directorate to be called the Directorate of Public Libraries which shall be headed by the Director of Public Libraries referred to in Sub-section (2) and shall consist of such other Officers and employees as may be prescribed by way of restructuring the post attached to the Library Section of the Existing Directorate of Culture of the Government and State Library with the staff continuing against those posts in the prescribed manner. (2) The Director. Culture shall be the Director of Public Libraries. Powers and functions 8. Subject to the control of the Government, the Director shall (a) be of Director responsible to implement the plans policies schemes and programmes of the Library Authority; and (b) subject to the provision of this Act, exercise such powers and perform such functions as may be prescribed. State Library 9. (1) The State Library shall be headed by the Director of Public Libraries who shall be not below the rank of a Class-I Officer. (2) The State Library shall function as a reference library and not as a lending library in respect of the books therein except in cases of inter-library loans. 10. (1) The Government may, by notification establish a District Library in District and City Libraries the headquarters of every district and, for the purpose of this section, a District Library established by Government prior to the commencement of this Act, shall be deemed to be a District Library established under this Act. (2) Where the population of any- city, town or any other urban area is two lakhs or more, the Government may, by notification establish in that area a City 5 Library or declare an existing library, which is established by it, to be a City Library, notwithstanding that a District Library already exists in the concerned district. Q(1) The Government may, by notification, constitute in the prescribed manner, a Committee in each district to be called the District Library Committee to look after the management of library services in the district. (2) The term of office of, the procedure to be followed in discharge of its functions by, and the manner of filling casual vacancies among, members of the District Library Committee shall be such as may be prescribed. Orissa public 12. (1) The Library Authority shall have a fund called the Orissa Public Library Fund. Library Fund to which shall be credited (a) grants made by Government, Raja Ram Mohan Roy Library Foundations and other sources of the purpose of Library services in the State; (b) contributions, donations and gifts made by any person; (c) endowments, donations and bequests as may be made by any non-resident Indian any Corporate House; and (d) interest on fixed deposits and receipts form any other source. (2) All moneys credited to the Library Fund shall be deposited in such Nationalized or Scheduled Banks or invested in such manner and shall be operated in such manner, as may be prescribed. (3) The money in the Library Fund shall be utilized for carrying out the purpose of this Act. (4) The Director shall keep a proper account of the receipts and expenditure. Accounts 13. (1) The Director shall keep regular accounts of receipts to, and and Audit. disbursements from, the library Fund, under the direction of the Chairperson of the Library Authority, in such manner may be prescribed. (2) The accounts of the Library Authority and the Library Fund shall be subject to audit under the Orissa Local Fund Audit Act, 1948. Orissa Act 5 of 1948 (3) The Audit report shall be presented by the Director to the Chairperson and copy of the same shall be sent to the Government with a note of action taken on the report. Reports and 14. Every Person who is in charge of the management of a Public Library Returns shall submit such reports and returns and furnish such information as the Director may from time to time require, to the Director or any other officer authorised by him in this behalf. 15. The Director or any other officer authorised by him or by Government Inspection of in this behalf shall have power to inspect any Public Library or any institution Public Libraries attached thereto, for the purpose of satisfying him that the provisions of this Act and the rules or orders made there under are carried out. 6 Annual Report 16. The Director ˜shall, within six months from the end of every year, prepare an annual report and the progress made by the Library Authority in providing library services in the State in that year and submit it to Government together with such information and particulars as may be prescribed which shall be laid on the Table of the Orissa Legislative Assembly. Transfer of 17. On and after the commencement of this Act, the Government may, for management and the purpose of proper and effective management of Public Libraries in the State, amalgamation of by notification. Public Libraries (a) transfer any Gandhi Pathagar to a suitable registered voluntary organization and make provision for grant-in-aid in respect thereof; and (b) amalgamate two or more Public Libraries into a single Public Library, in accordance with the rules made under this Act. Vacancies 18. No Act or proceedings of the Council, Library Authority or a District etc. not to Library Committee shall be invalid on the ground only of the existence of any invalidate proceedingsvacancy amongst its members, or any defect in the constitution thereof. 19. (1) The Government may, by notification, make rules of carrying out Power to make rules the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: (a) other matter relating to public library system and library services in the State on which the Council may advise the Government under Sub-section (1) of Section 3; (b) the manner of nomination on rotation basis under the proviso to Clause (d) of Sub-section (2) of Section 3; (c) the term of office of the Council procedure to be followed by it and the manner of filing casual vacancies therein under Sub-section (3) of Section 3; (d) Proviso, if any, subject to which the Library Authority shall exercise its powers and perform its functions, manner and composition of sub-committees and other powers and functions of the Library Authority under Section 5; (e) other powers and functions of Chairperson of Library Authority under Sub-section (2) of Section 6; (f) other officers and employees of the Directorate of Public Libraries, the manner of restructuring the posts and staff of the Directorate of Culture and the State Library under Sub-section (1) of Section 7 and the qualification and experience of other officers and employees of the Directorate; (g) powers and functions of the Director, under Clause (b) of Section 8; (h) the manner of constitution of District Library Committee the term of office of its members, the procedure to be followed in discharge of 7 its functions and the manner of filling casual vacancies therein under Section 11; (i) the Banks in which the money of the Library Fund shall be deposited, the manner in which such moneys may be invested including the manner of operation of such deposits and investments, under Subsection (2) of Section 12; (j) the manner of keeping accounts of receipts to, and disbursements form, the Library Fund under Sub-section (1) of Section 13; (k) the information and particulars to be accompanied with the annual report of Library Authority under Section 16; (I) the manner of transfer of Gandhi Path agar and amalgamation of Public Libraries under Section 17; (m) the provisions governing the grant-in-aid to aided libraries and the eligibility ˜thereof under Clause (a) of Section 2 and Section 17; and (n) any other matter which is required to be, or may be, prescribed. Power to 20. (1) If any difficulty arises in giving effect to the provisions of this Act remove the Government may, by order published in the Gazette, make such provisions difficulties not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be issued under this, section after the expiry of a period of two years from the date of commencement of this Act. (2) Every under made under this section shall as soon as may be after it is made, be laid before the Orissa Legislative Assembly. 8