- GAZETTE o EXTRAOR DINARY PUBLISHED BY AUTHORITY "o 111 - TEphal Thursiay, AT 93 Uyastia o, 1915) Whi S L IR N I R AR BT M कि गा 2 GRVERNMENT OF MANIPUR SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT - NOFIFICATION Taphal, the 17tk Juze, 1993 - ———d & No. 2/36/88-Leg/L.—The following-Act of the Legislature, Manipur which wmesived agpent of the President of India on 9.6-93 is hereby published in the Manipur Gazette. - - L. IBOMCHA SINGH, Secretary to the Govt. of Manipur. - THE MANIPUR PUBLIC LIBRARIES ACT, 1988 सा. पर न दो {(Manipur Act No. 7 of 1993) Act o provide the establishment and maintenance of Public Libraries in the Stateiof Manipur and matters connected therewith BE it enacted by the Legislature of Manipur -in the Thirty-ninth Year of the Republic of India as follows ~ -CHAPTER I PRELIMINARY PR * 1. Short titie, extent and commencement.— (1) This‘Act may be called "the Manipur Public Libraries Act 1988, - - (2) It extehds to the whele of the'Mate of-Maniput. . . (3) Tt shall come jnto force on such date as the State ‘Government may, by sobification in’the-official Gazetfe, appoint. एयर ताप ः डे » I
ey Dellinjiions.~In:this Aoct, unless the context Stherwise chf?m' o8, — - (1) ‘aided library’ means a library declared by the Director to be eligible for , aid cither from the State Government or from the Library Fund in accor- dance with the rules made under this Act . (2) ‘Committee’ means-the State Library Committee constituted under section 3; * .(3) ‘Director’ megns.the Djrector of Public kibraries kapg?“,‘mted' under section 9; - (4) ‘District’ means the revenue district ; ,;.-1:-7 - (5 ‘State Government’ means the State Government of Manipur ; =~ . a.} — (6) ‘notification’ means a notification published in the Manipur Gazette :';-‘i,; (7) ‘prescribed’ means prescribed by rules made under this Act : (8) - ‘Public Litrary’ means, ‘ o (@) a lidrary established or maintained by a District Library Authority, iucluding the branches and delivery stations of such a library ; S ‘ (b) a library established or maintained by the State Government and " LT ‘declared open to the'public ; i e : ‘ (¢) a library established or maintained by any local body or ‘co-operative society:and declared open to the public 1३:7(6+ a ligrary declared to be eligible for aid and receiving aid from the - State Government or from the Library Fund and includes any other library notified by the State Government as a public library for the purposes of this Act (9) “State’ means the State of Manipur ड ¥ (10) ‘State’Central Library’ means a library established by the State Government as the State Central Library ; (11) ‘DistrictiLibrary’ means a Library established by the State Goverament as a District’Library ; . = I (12) “Year’ means the financial year e CHAPTER IT - ¥ . THE STATE LIBRARY COMMITTEE > . 3. Constitution and composition’ of the State Library Committee and ifs faneilons.— (1) As soon as may be after:the commencement of this Act, the State @evernment shall, by notification, constitute for the purposes of this Act a committee to be called the, State Library Committee (?) The Committee shall consist of— . B (a) the Minister in‘éharge of Educition, who shall also be thke Chairman . : - ... ..of theCommittee ; ' - e o ः (b) €ommissioner/Secretary -६0 the Goveramesit in the -Edueation Pepartment “ ] L . (fl " HL.._ it g b mmfigfiimfilil . Es.&‘ . _i m है के... ही .......ब है ................ ८...
o 2:44: AR et el 3 () -the Dircctor of Public Littaries who shall also bo- the Secretary of the C,obmrmi_rtfit.ee,_' . o . _ @ the Chief Librarian of the State Central Librgry; (e) one versc n clected by the IS'_y_nd_icate of Ma,njprur University ; (®) one person nominated by the Manipur Library Association ; (8) two persons nominated by the State Government from among the - members of ही 0 Distriet Library _'mxth‘on’tx’_es; (h) one person co-opted by the Com’rm'ttmee, (3) The Committee shall advise the State Government on all matters arising under this Act-and shall exercise and rerform such other powers and duties as may be prescribed. 4. Terms of office of certain members of the Committee.—(1) Subject to the provisions of sub-section (2) of section 3, every member of the Committee other than ex-officic member shall hold office for a period of three years from the date of his election, nomination or co-opticn as the case may be: ‘ Provided that such term of a member neminated, or elected shall come to an end as soon as the member ceases to be a member of the body from which he was nominated or elected. : S. Filling up of casual vacaucies of certain vacancies of certain members of the Commitiee.—Any vacancies occurring i the office of nominated, elected or «Co-opted member of the Committee tefcre the expiration cf his term shall be filled by nomination, election or co-cption, as the case may be, of another person in the manner provided in section 3 and the person so nominated, electe,d or - co-opted -shall hold office for the remaining of the term cf his predecesser. . S 6. Meetings of the Committee.—The Committee shall meet at such time शत ‘Place and shall ebservé such rulcs of prececure at its meeting as may be prescribed. 7. Act of State Library Committee not to be invalidated by informality etc.— No -act of a State Library Commiittee shall b~ deemed tc be invalidated by reason only of ‘the existence of any vacarcy in, or any defect in the constitution of, that Committee. 8. Control of the State Library Committee by the State Government.— If, at any time, it appears to the State Government that the Ccemmittee has failed to perform its functions or has exceeded or abused any of the powers conferred upon it पक or under this Act the State Guverrmert may ccmmunisate the particulars therecf to “the Commiittee, and if the Committee omits to remedy such failyre, excess or abuses or to give a satisfactory expression therefor within such time as the State Government may fix. in: this. beh If, the State: Government may suspend, disolve or super- -sede the Committee and cause all or any, of powers and functions of the “Committee to 96 exgreised and peformed by ‘any reason or agency for such ‘period as they may think fit or direct that it be reconstituted. - T, o sen CHAPTER T B0z लक दि क: येत दस निहटी e है पर कान . . . DEPARTMENT . QF PUBLIC 'LIBRARIES - - ¥ . . L. ; पं हे दे न आर et sy e % Constifution of the Department of Pub braries and a W mept. of the Director thereof and his duties.- For the purposes of this दि the Statc Government -shall corstitute a serarste Derartreert of Public Iibrsy: = ipreirt 2 Director [ N नल उन
G s s A दी -7k लक 4 to be the Director of Public Libraries in-charge of the Department. The Director s0 appointed shall, subject to the contrel of the State Government :— () () - © @ © () 8) 10. supervise the State Central L'ibra.ry and the branches of such library ; superintend and direct all matters relating to public libraries ; declare, in accordance with the rules made under this Act, what libraries. are eligible for aid from the State Government and supervise and direct all matters relating to such libraries ; direct and control the work of all District Library Authorities under this Act in the manner prescribed ; submit to the State Government, through the State Library Committee every year, a report on the working of the libraries under this Act in the preceding year ; submit reports to the Committee on the working of libraries, whenever - necessary ; perform such other duties and exercise such other powers as are imposed. or conferred on him by this Act orthe rules made thereunder. CHAPTER 1V THE DISTRICT LIBRARY AUTHORITIES Constitution and incorporation of District Library Authorities:—(1) For the- purposes of erganising and administering public libraries in the State, there shall be constituted a District Library Authority for each district. (2) Every District Library Authority shall, by the name of the area for which. it is constituted, te a bedy corporate baving rerpetval svccession and a common seal with power to acquire, hold and dispose f property, and to enter into contractsand may by the said name sve and be sued. (3) It shall be the duty of every District Library Authority to provide Library service in the area of its jurisdiction. ‘ 11, Authorit Composition of District Library Authorities :—(1) The District library y for each district shall consist of the following members, namely,— (8) four members nominated by the State Government from among the citizens of the district who have rendered eminent service to the cause of education or public libraries or a person of social eminents; - (b) two members elected among themselves by the members of the governing _bodies of the public libraries other than those referred to in sub-clauses (a) and (b) of clause (8) of section 2 in each revenue division in the district ; (c) two members elected from among themselves by the Board of Municipalities ! or by the Small Town Committee in the district ; (d) two members nominated by' ० district branch of the Manipur Library Association ; L -
= S A e (S e कि e el e _ 5 1%,.4¢) " the Librseian, District Library who shall 86 the Skcrétatf of the Bisteiot ;77" Library Authority; «पर राजा S the Distfiét’ Education Officer of the District. -12. Term of office of members .of a District Library Authority.—(F) Every -member of a District Library Authority, other than ex-cfficio members, shall held office for a period of three years from the date of his nomination or election, as the <ase may be. i - (2')‘ A me_mrber nominated or elected in his capacity 85 the holder of a particular office shall, if he ceases to be the holder of that office, ceaso to be a member of the District Library Authority. . - ; ः s . 13. Filling up of casual vacancies of the members of the District Library Authcrity— A vacancy cccurring in the cffice cf a nominated cr elected memter of a District Library Autherity before the expiraticn of his term shall ke filled by ncmiraticn cr electicr, ‘88 the case may be, of anothef person in the manner provided in section 11, and the person so nominated or elected shall hold office for the remaining of the term of his predecessor. . . 14. Powers and function of District Library Authorities,.—A District Library Authority may— ः - S ’ . (a) . provide suitable lands and buildings for public Iibraries and also the furniture, ' fitting's, materials and convenjences requisite therefor; - ‘(b) stoek such libraries with books, periodicals, newspapers, manuscripts, maps, - .- works and specimens of art - and science; lantern slides, films, ciperha projectors, recorders and the like; : ‘ : यो employ from time to time, such staff 85 it considers necessary for such - . libraries; 7 o . (d) with the previous sanction of thé State Government, shift or clase, any public library mentioned in sub-clause (a) of clause (8) of section 2, or dis- contifiue aid to any other public library, the payment of which is regulated by the prescribed Library Grant-in-Aid Code; : (e) 800०1 कार gift or endowment for any purpose connected with its activities: — - Provide® that no gift or éndowmént of an immovable property shall be accepted without the previous sarction of the State: Government; (f) provide for lectures and the holding of classes and ¢5iiduct other activities connected with public h'brary<ser._rv,1oe'1"ncluding social education; (®) with the सी the management and the previous sanction of the State ताप पड 2 atqiire atly libtary of such conditions as may be approved (b)_ ,_di\s*trjb__u‘tre‘, grants for _‘p,u_bli\c libraries and social educational purposes; Gove ¢ aif " () in genbraley everytiimg necessarits B IR pRoVsIoHE i At B theState Govér ; - (2) Every District Library Authority shall elect one of its members 6 be its - -
| = .y ty फिट provisions of this- Act and the rules made. thereunder, a District Library . 6 .~ 15. .Scheme to be submitted Ny District Library Authorities.—(1) ' As“zoon < as possible after a District Library Authority is constituted, and thereafter as often । as may be roquired by tae Dire tor, every - District Library Authority shall, and - whenever it coasiders it necessary बे to “do, a - District Library Authority ‘may prepare a scheme. for establishing libraries for spreading library service within its area in such ffm and-manner as may be prescribed, and submit it to the Director for sanction. - The Director may with previous approval of State = Government, saaction it with such altcration, if any, as he may think fit after giving the District Library Authority an opp rianity to make its representations, if any, ia respect of such alterations and the District Library Authority shall thereupon give effect Jo the scheme: - so sanctioned by him. ‘ " S (2) - The Director may, with previous approval of State Government, ori appli-~ cation by the District Library Authority concerned, modify and scheme sanctioned under sub-section (1) or replace it by a new scheme. 16. Executive Commitiee and Sub-Committees of District Library Authorities.—s (1) A District Lidrary Authority may appoint an Executive Committee consisting of such of its members as it may deem it and delegate to such committee any-of its ; powers or fuuctions under this Act except the power to borrow moaey, to disposg ot immovable property, and to piss the budget, accounts and the audit and annual reports. ’ ' (2) A District Library Authority may also, from time to time, appo,int‘sub-co/‘m-w - mittees t5 inquire into and report or advise on any matters which it may refer to,_them. 17. Act of District Library Autiiorities not be invalidated by"int"'ro‘rmality et — No act of a District Library Authority shall be deemed to be invalidated by reason only of the existence of any vacinoy in, or any defect in the constitution of, that authorityy, 18. Vesting of properties in District Library Authorities.—(1) All property acquired or held ia aay area by the District Library Authority for the purpose of any public library defined in sub-clause (a) of clause (8) of section 2 shall vest in the District Library Authority of that area. o : (2) Any immovable p‘roperty.'r-equlr'ed by the District Library Authority shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition ‘Act, 1894 (No. 1 of 1894) and may be acquired under that Act, 19. Power of District Library Authorities to make bye-laws.—(1) Sub]ect" Autiority may inake bye-laws, génerally to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of foregoing power, such bye-laws may p,ro_vid_e.fo‘r\, all or any of the following matters, namely,— ‘ ~ (a) the admission of the public to the public libraries in its-area on such conditions as it may specify : e ' ८ व ः 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 ; / o - . _ (c) the miniaer in ‘which the property of such libraries ‘may be used “and the - protegtion of such property from injury, misuse, destructionorlosg §.
-~ 7 ः (d) the authority to be exercised by its 00515 and servants in the matter of exclusion or removal from any such library, of any person who contra- venes or does not comply with the provisions of this Act or the 'rules or bye-laws made thereunder; oy (@) the conduct of meetings of the District Library Authority-and the procedure to be followed inregard tothe transaction -of businessat sych mestings . and the quorum fcr the transactions of such business at a meeting ; - ~ Provided that a District Library Authority shall not have power -to make any bye-laws affecting a public library mentioned in sub-clause (10) or sub-clause (11)of section 2. ः - ः (3) The Director may, with previous appr\oval of State Gov,emm’ént, modify of cancel any bye-law made by a District Library Authopity under sub-section (2) : Provided that before modifying or cancelling any bye-law, the Director shall give the District Library Authority concerned a reasonable opportunity to make its representations in the matter, _ t . _ 20. Controi of the District Library Aunthorities by the State Government. —If, at any time, it appears to the State Government that a District Library Authority has failed to perform its funcfions or has exceeded or abused any of the powers confarred upon: it by or under this Act, the State Government may communicate the particulars - thereof to the District Library Aathority, and if the District Library Authority omits to remedy such failure, excess or abuse or to give a satisfactory explanation therefore within such time as the State Government may fix in this behalf, the State Government- may suspend, dissolve or supersede the District Library Authority and cause all or any of the powers and functions of such Authority to be exercised and peformed by any person or agency for such period as they may think fit or direct that it be reconstituted. , ’ ~ ‘ ~ CHAPTER V - FINANCE AND ACCOUNTS , 21, Library fund.—(1) - Every District Library ‘Authority shall maintain a fund ८2167 घाट “Library Fund’’ from which all its payments under this Act shall be met. - (2) There shall be credited to the Library Fund the following sums, namely,— _ (दो contributions, gifts and indome from. endowments made to the. District Library Authority for the benefit of public libraries, ) * (b) special grants which the State Government may make for any specified * - purpose connected with libraries and social education ; ८ कु. ०, (c) fund and otherJamounts collected by the District Library Authority under any rules orgbye-laws made under this Act. : oI .... "~ (3) The StatelGovernment shall contribute annually to the Library Fund main-" . tained,by every District Library Avuthority. ' ; , 22. Maintenance of accomnts.—(I) An account shall be kept of the receipts and expenses of each DistricfLibrary Authority. e A _ (2) The accounts shall be open to inspection, shall be subject to audit, and shall - be dealt with in all other respects in such manner, as may be prescribed. S
G बाय .~ CHAPTER VI REPORTS, RETURNS AND INSPECTION . '23.” Reports 'i'yitntl_"""r’_e“‘_turns".,——'Ever"‘y" ‘_D‘i’s‘rtricth‘ Li‘brar"y' Authority and every person in charge of a public library shall submit such reports and returns and furnish such information to the Director or any person authorised by him in this behalf as the Director or the person authorised may, from time, require. 24, Ins'pection" of libraries.—The Director or any pe‘rson‘ authorised by him in " this 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. ः CHAPTER VII MISCELLANEOUS 25, Power to make rules.—(1) The State Government may, by notification,” make rules to carry out the purpases of this Act. " " (2) Inaparticular and without prejudice to the generality of the fioregoing power, such rules may provide for— (@) the method of appointment, nomination, co’-option(,_ or election of members to the State Library Comrtittee and District Library Authorities ; (b) the publication of audited statements of the accounts of District Library Authorities and of the réports of the auditors ; (c) the publication of a Library Grant-in-aid Code, regulating the grant of aid to aided libraries and te standdrdé-to Be maintdined by such libraries ; ~ (d) -the maintenance of State Registors of Libraries, and librarians. (3)' . All rutes made under tliis section shall, as soon as may. be after they are magde, be laid on the Tebje of the. Hiouse: of the State Legislature for fourteen days and shall be subject to such modification, whether by way. of repeal or amendment, as the State Legislature may make during the sssion in whiclithéy are so laid. - 26. Power tro,rem,oyve diffculties.—If any difficulty arises in giving effect to the provisions of thi$ Act, the State Government may, by order, make such provisions as appear to them to be necessary or expedient for removing th\e difficulty. 27. Amendment to the Press and Registration of Books A¢t: 1867 iiits application to the State of Manipur.—The सकी डा प्फ istration of Books Aet, 1867 (No. 25 of 1867) shall, in its-dpplication to theState of anipur, be-aiended as folows :—. (i) in the first paragraph of section 9, for clause (a), the following clause shall be substituted, mamely == =7 T o S “(a) in any case, within one calender month affer the day Wo‘on which any such ~. book shall first Be delivéted jfi,fifém,_‘ prEss; tWo such copies; and”; i . Bl b ot Vi o AR 3 i & i i o SNl A it ani ks e i ) s s iR
9 (i) in the last paragraph of the same section, for clause (i) the following clause shall be substituted, namely,— ‘() any second or subsequont edition of a book in which edition ne additions or alterations either in the letterpress or in the maps, book prints or other engravin हम belonging to the boek have been made, and two copies of the first os some preceding edition of which books have been delivered under this Act, or; (iii) in section 11, for the first sentence the following sentence shall be substituted, namely,— “Qut of the two 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, Manipur, referred to in clause (@) of section 9 of this Act, and the remaining one copy shall be disposed of in such manner as the State Governmeut may from time to time, determine. ) . Printed at tho Ditectorate of Ptg. & Sty., Manipur/320-G/17-6-93. एप . A