Salient Feature of Maharashtra Public Library Act 1967

Salient Feature of
Maharashtra Public Library Act 1967
By
Dr. Jayant M. Nandagaoli
Head
Department of Library & Information Science
HPT Arts and RYK Science College, Nashik-05

Introduction

The UNESCO Public Library Manifesto 1994 Proclaims UNESCO’s tells
that the public library as a living force for education, culture and
information, and as an essential agent for the posturing of peace and spiritual
welfare through the minds of Men and Women.

Public library is considered as a local gateway to knowledge and as such it
has to make available all kinds of knowledge and information readily
available on the basis of equality of free access to all, regardless of age, race,
sex, religion, nationality, language, social status and even the level of
literacy. All must find their material relevant to their needs.

Public libraries today play an important role in the life of the community.
They provide information essential for the progress of culture, education and
research. They also provide relaxation and recreation and refresh the
community they serve. The public library acts as an intellectual centre for
the lifelong learning.

Library Legislation

The term legislation means the preparing and enacting laws. In other words it is
sometimes used to apply to municipal ordinance and to the rules and regulations of
administrative agencies passed in the exercise of delegated legislative function.

Library legislation is an act to provide for the establishment, maintenance, and
development of effective public library system and the organization and
development of a comprehensive rural and urban library service.

Library Act is a type of Law or Legislation that is any country and state government
passed and implemented to establish a library system in its territory.

Thus we can say that the Library Act is known for the creation of a library system
under the Central or State Government and its maintenance, functions, services,
rights, and management in a lawful form.

Great Britain is one of the countries in the world where the Library Act was first
passed on 14 August 1950. In 1956 passed the library act in the USA.

Govt of India does not enacted Public Library Act yet only 19 states have enacted
Public Library Act.

Need of Library Legislation
The following are the requirements of the Library Act in any country or state.

To establish the Public Library

To the development of Library

For the establishment of networking in the libraries

Library, Structure, Strengthening Policy, Determining Finance Provisions.

Formation of the Board of Directors of Ensuring and Continuing the Library.

Training of employees

Provide free library service to the public.

To determine the role, duties and responsibilities of all the elements.

To create the necessary library agencies by the enactment of Library Laws.

It sets up library authorities, which are responsible for the staffing, administration
and management of the libraries.

Any Library Legislation must have....
The legislation ensures permanent, uniform, efficient, expanding and Co-
ordinated library service. It also presupposes free services and makes it easily
accessible to potential users irrespective of their qualification and age. The
library legislation must be simple and general. It should also allow future
modification or development.
. It must be free from political influence or political changes.

It must define the respective responsibilities of the local, state and national government.

It must make the library service compulsory and free to one and all.

It should create conditions for libraries to flourish.

It must coordinate and control library activities in full recognition of the people to have
free access to the information and knowledge.

It must meet every interest of its reader.

Different tasks can be assigned to different types of libraries based on specialization to
ensure a better service to the community with the least cost.
It also must take into account the other types of libraries.

Components of Library Legislation
According to Dr. S. R. Ranganathan, there are the following
elements of the Library Act which are required to be mentioned in
the any Library Act.

Preliminaries

Top Management

Library committee

Finance Provision

Accounts & Audits

Rules or Bylaws

Quality of Good Model Library Act
The Best Library Act has the following qualities-

The Act should contain provisions relating to the administration and direction of
libraries.

The publication of committees and subcontracts related to the library and
various functions. There should be a provision for the formation of committees.

There should be a clear provision of the duties and responsibilities of these
reviewers and sub-committees.

There should be a provision of good financial resources for the operation of
libraries.

There should also be a provision for the establishment of additional, non-
governmental libraries.

Quality of Good Model Library Act
The Best Library Act has the following qualities-

There should also be a provision to maintain harmony between the library.

There should be the free provision of services provided in the library.

Keeping in mind the interests of all sections of the society, according to the
type of libraries.

People of the society who are unable to visit the library due to personal
reasons. There should be a provision to provide library service for Man.

Along with this, the posts, pay scale, service of employees working,
Promotion, teaching-training, in the libraries, etc. should also be arranged. "

Public Library Act in India
* In 1933 and 1937, the Madras Library Association was first prepared and
presented the Madras Library acts, but for some reason, they couldn't be
passed. In independent India, the same act was passed in the state of Madras
in 1948. Which is the first state in India to pass the Library Act.
* So far 19 states of India have passed the Library Legislation Act in their state. The
list below is as follows

01. Madras State Public Library Act 1948

02. Andhra Pradesh State Public Library Act 1960

03. Karnataka Public Library Act of 1965

04. Mahabharata Public Library Act of 1967

05. West Bengal Public Library Act of 1979

06. Manipur State Public Library Act 1988

07. Haryana State Public Library Act 1989

08. Goa State Public Library Act 1993

Public Library Act in India
* So far 19 states of India have passed the Library Legislation Act in their
state. The list below is as follows-
. 09. Mizoram State Public Library Act 1993

10. Puducherry State Public Library Act 1996

11. Gujrat State Public Library Act 2001

12. Odisha State Public Library Act 2001

13. Uttarakhand State Large Library Act of 2005

14. Rajasthan State Large Library Act of 2006

15. UP State Large Library Act of 2006

16. Lakshadweep State Large Library Act of 2007

17. Chhatisgarh State Large Library Act of 2009

18. Bihar State Public Library Act 2008

19. Arunachal State Large Library Act of 2009

Maharashtra Public Library Act - 1967
The Government of Maharashtra had taken into consideration the suggestions
and demands of the activists in the library movement and decided to introduce
Maharashtra Public Libraries Bill in a legislature.

Before the present Act was passed in 1967, attempts were made in the former Bombay
Province and the present Maharashtra State to have library legislation in the State.

The first attempt was made as early as in 1936 when Rao Bahadur Bole, a nominated non-
official member of the Legislative Council, gave notice of a Bill known as the Bombay
Presidency Public Libraries Bill. It was however not considered by the legislature.

Later, in 1939, the Government of Bombay appointed a Library Development Committee
under the chairmanship of A.A.A Fyzee. The Committee made certain proposals for the
promotion of public library service in the State. Further, in 1946, with the request from R.S.
Parkhi, the veteran librarian of Poona and a student of Madras School, S.R. Ranganathan
drafted a Bill for the composite state of Bombay.

The Maharashtra Public Libraries Act was passed in 1967 at the Nagpur Session of
the Maharashtra Legislature. However, It was brought into force on 1st May 1968,
the Maharashtra Day. The Act provides for uniform Public Library System in
the State and Uniform scale of grant-in-aid.

Maharashtra Public Library Act – 1967-
Historic Background

The Bill, when published in the form of a book, was presented to B.G. Kher, the
then Chief Minister of Bombay. Though Kher appointed a committee to consider
the Bill, its results were fruitless. Even the Maharashtra Library Association
drafted a Bill in 1963 based on its counter-part in Karnataka; however, the bill
was only discussed at their annual conference.
The Present Act

The Government of Maharashtra itself drafted a Public Libraries Bill in 1967 and
the same was passed by the Legislative Assembly on 17th November, 1967. The
Act, in the words of Frank M. Gardner, “has some of the features of the Mysore
Act in that it creates a State Library Council, with a Director of Libraries who is a
member of the Council, acts as its Secretary, and must be a qualified librarian, A
Department of Libraries is established and a state library service with staff
salaries to be paid from state funds.”

Structure of Maharashtra Public Library Act - 1967

The structure of the public libraries in Maharashtra State is given below:-

Maharashtra Public Library Act – 1967- Preamble
Preamble of Act-
An Act to provide for the establishment, maintenance organization and
development of public libraries in the State of Maharashtra.

Whereas, it is expedient to provide for the establishment, maintenance,
organization, and development of public libraries in the State of Maharashtra
and for purposes connected with the matters aforesaid; It is hereby enacted in
the Eighteenth Year of the Republic of India as follows:-

Chapters
* There are VIII Chapters including Rules
Chapter -1 - Preliminary
A. Short title, extent and commencement.-
(1) This Act may be called the Maharashtra Public Libraries Act, 1967.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint in that behalf; and different
dates may be appointed for bringing this Act into force in different areas
of this State.
B. Definitions.-
Book, Year, Public Libraries, Committee, Director, Council, Devision,
Compensatory Allowance, Muncipal Corporation ect.

Chapters - II
Chapter -2 - State Library Council
A. Constitution of State Library Council. (28 Members)
* Director of Libraries who shall also be the Secretary of the Council
* Minister for Higher and Technical Education is the President of the Council
B. Function of Council.
C. Term of office of, and allowances to members of Council.
D. Casual vacancies in Council.
E. Meetings of Council.- (1) The Council shall meet not less than twice in
every year, on such dates and at such hours as may be fixed by the President;
and six months shall not intervene between two successive meetings.

Chapters - II
Chapter -2 - State Library Council
* Function of Council.
* Term of office of, and allowances to members of Council.
* Casual vacancies in Council.- A vacancy in the office of nominated or elected
member of the Council occurring otherwise than by efflux of time shall be filled
by nomination or election, as the case may be and the person nominated or
elected to fill the vacancy shall hold office only of the remainder of the term for
which the member whose place he takes was nominated or elected.
* Meetings of Council.- (1) The Council shall meet not less than twice in every
year, on such dates and at such hours as may be fixed by the President; and six
months shall not intervene between two successive meetings.

Chapters - III
Chapter -3 - Department of Libraries
(1) For the purposes of this Act, a Department of Libraries shall be constituted
by the State Government with a Director of Libraries as its head and with such
other officers and servants as the State Government may think fit.
(2) The State Government shall appoint a whole-time officer having the
prescribed qualification to be the Director of Libraries.
* Functions of Director.-
(1) Subject to the superintendence, direction and control of the State
Government the Director shall be responsible for the administration of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
provision, the Director shall-
(a) be responsible for the planning, maintenance, organization and
development of public libraries and publiclibrary system;
(b) superintend and direct all matters relating to public libraries;

Chapters - III
* Functions of Director.-
(c) promote the establishment of public of libraries to achieve the purposes of
this Act;
(d) recognise, in accordance with the rules made under this Act, public libraries
and State, Divisional and other public library associations for the purposes of
grant-in-aid from the Library Fund and sanction and disburse grants to them;
(e) maintain accounts of the Library Fund and ensure the proper utilization;
(f) publish annually a bibliography of all the books published in the State;
(g) submit to the State Government every year, a report on the working of public
libraries under this Act;

Chapters - III
* State Library Service.-
(1) The State Government shall establish a Maharashtra State Library Service and
appoint persons thereto.
(2) The Maharashtra State Library Service shall consist of such 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 services shall be regulated by such rules as may
be made by the State Government from time to time.
(3) The salaries, allowances, gratuity, pension and other emoluments of the
members of the Maharashtra State Library Service, shall be paid from the
Consolidated Fund of the State.

Chapters - IV
Chapter -4 - Public Libraries.-
Establishment and maintenance of public libraries.-
(1) The State Government may establish a State Central Library for the whole
of the State, and a Divisional Library for every Division.
(2) If Director found that no Local Authority can offer the library service then
State Government may establish a library for the use of the public in that area.
(3) All libraries established under this section shall be maintained, organized
and developed by the State Government through the Department of Libraries.
* Functions of public libraries.-
The functions of the public libraries shall be such as may, on the advice of the
Council, be prescribed.

Chapters - V
Chapter – 5 - Library Committees.
Constitution of Library Committees.- 10 Members
(1) For every district, the State Government shall appoint a District Library
Committee.
a) The Chairman for the time being of the Education Committee of a Zilla Parishad
functioning in the district, who shall be ex-officio President of the Committee;
b) the Education Officer for the time being of the Zilla Parishad functioning in the
district, who shall also be ex-officio Secretary of the Committee.
* Term of office of, and allowances to, members of Committee -
* Casual vacancies in Committee -

Chapters - V
Chapter – 5 - Library Committees.
* Functions of Committee.- It shall be the function of a Committee, -
(i) to advise the State Government on all matters relating to development of
library service in the district or, as the case may be, [Brihan Mumbai] on proper
lines;
(ii) to ensure that the prescribed functions of the public libraries are performed
by them satisfactorily; and
(iii) to perform such other duties as may be prescribed.
* Manner of transaction of business by Committee.-
The Committee shall transact business in such manner, and in accordance with
such procedure, as may be prescribed.

Chapters - VI
Chapter – 6 - Finance And Accounts
* Library Fund.-
(1) The State Government shall constitute a fund called the Library Fund.
(2) The Library Fund shall consist of-
(a) contribution made by the State Government under section 20;
(b) any special grants given by the State Government under section 21;
(c) any grants given by the Government of India to the State Government for
development of public libraries; and
(d) any contributions or gifts made by the public for development of public
libraries.

Chapters - VI
* Application of Library Fund.-
(1) The moneys in the Library Fund shall be utilized by the State Government for
carrying out the purposes of this Act.
(2) Without prejudice to the generality of sub-section (1), the moneys in the
Library Fund may be utilized by the State Government to defray expenditure
on the following :-
(a) Establishment, maintenance's and development of public libraries;
(b) Compensatory allowances payable to members of the council and of the
Committee;
(c) Grants-in-aid to public libraries and library associations recognized for the
purpose by the Director of Libraries.

Chapters - VI
* Contribution by State Government.- The State Government shall, after due
appropriation made by law in this behalf, contribute to the Library Fund every
year, a sum not less than twenty-five lakhs of rupees.
* Special grants by State Government.- The State Government may make
special grants to the Library Fund.
* Vesting of properties held for purpose of Government public libraries.-
All property, movable and immovable, acquired or held for the purpose of any
public library maintained by the State Government shall vest in the State
Government.

Chapters - VII
Chapter – 7 - Reports and Inspection-
* Reports and returns.- Every person who is incharge of the management of a public library shall
submit such reports and returns and furnish such information as the Director may from time to
time required, to the Director or any person authorised by him in this behalf.
* Inspection of public libraries.- The Director or any person authorised by him in this behalf shall
have power to inspect any public library or any institution attached thereto for the purpose of
satisfying himself that the provisions of this Act and the rules made thereunder are carried out.
* Submission of annual report by Director.- Within six months from the end of every, year, the
Director shall prepare an annual report on the progress made by public libraries in that year and
submit it to the State Government together with such information and particulars as may be
prescribed:
Provided that, no such report shall be submitted to the State Government unless it is approved
by the Council.

Chapters - VIII
Chapter – 8 - Miscellaneous
* Rules.-
(1) The State Government may, by notification in the Official Gazette, and subject to the condition
of previous publication, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all. (i) under sub-section (2) of section 5 and sub-section (2) of section 14, the compensatory allowance payable to members of the
Council and of the Committee and the rates at which such allowances shall be payable;
(ii) under sub-section (4) of section 7 and section 17, the manner in which and the procedures in accordance with which the Council and a Committee shall transact
their business;
(iii) under sub-section (2) of section 8, of the qualifications required for being appointed as the Director;
(iv) under clause (d) of sub-section (2) of section 9, rules in accordance with which the Director shall recognize public libraries and State, Divisional and other
public library associations for the purposes of grant-in-aid from the Library Fund;
(v) under clause (j) of sub-section (2) of section 9, the other powers and duties which the Director may exercise or perform;
(vi) under sub-section (2) of section 10, the recruitment and condition of service of members of the Maharashtra State Library Service:
(vii) under section 12, the functions of public libraries;
(viii) under section 13, the qualifications of a librarian to be nominated on a Committee.
(ix) under section 25, the information and particulars to be submitted to the State Government.
(3) Every rule made under this section shall be laid as soon as may be after it is made 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 successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses
agree that, the rule should not be made, and notify such decision in the Official Gazette, the rule shall, form the date of publication of such
notification, have effect only in such modified from 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 or omitted to be done under that rule.

Salient Feature
The major salient features of Maharashtra Public Library Acts- 1967 are as follow.-
•This act has constituted State Library Council and created separate department of Library.
• State education minister is President of State Library Council.
•State has established separate Director for Library work as secretory of State Library Council.
•Government also appoint – 1 Deputy Director and 5 Assistant Director for five regions.
•Under this act state has established Large Network of Public Libraries
1 Central Library (Mumbai). 5 Regional/ Divisional Libraries (Nagpur, Pune Aurangabad,
Nashik and Ratnagiri) . 37 District Libraries and 242 Taluka Libraries
•There are around 12191 – Govt. Funded Private Public Libraries of various categories (A,B,C,D).
•Up to Rs. 25 Lakh yearly grants for Private ‘A’ Graded Public Libraries.
•There is no Library Cess for public Library.
•Staff Recruitment and salary borne by Government.

Salient Feature
•Regional Libraries have Special Copyright Collection.
•As per The Press and Registration of Books Act- 1867- The copies of every printed book in state
deposited at Regional libraries in Nagpur and Pune.
•The government has categorized the private public libraries into – A, B, C and D Categories and
specified the number collect, working hours and sections etc as follow

Salient Feature
•Staff structure of Government Libraries in State

Salient Feature of
Maharashtra Public Library Act 1967
Thank You
Dr. Jayant M. Nandagaoli
Head
Department of Library & Information Science
HPT Arts and RYK Science College, Nashik-05

Salient Feature of Maharashtra Public Library Act 1967

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