Chapter VIII MISCELLANEOUS

(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 power, such rules may provide for,-

(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-law 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.

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 Rs. 10 and for a second or subsequent offence with fine which may extend to Rs. 50.

(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.

(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 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 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 Director of Public Libraries to the Karnataka Revenue Appellate Tribunal within such period as may be prescribed, and the decision of the Karnataka Revenue Appellate Tribunal on such appeal shall be final.

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

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.

(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 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.

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.

(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, Mysore, now vested in the Committee of Management of the Public Library, Mysore, shall be vested in the Mysore City Library Authority. (b) As from the appointed day, the Committee of Management of the Public Library, Mysore, a society registered under the Mysore 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 Mysore City (c) As from the appointed day, all debts and liabilities of the said society shall stand transferred to and vest in the Mysore 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 Government. (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 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.

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 engraving 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."

(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.