Chapter VI Chapter VI

Development Plan and Funds

Library Development Plan.—

1. (1) Subject to the provisions of this Act and the rules made thereunder and any general or special orders of the Government, if any, in this behalf, a District Library Council [in consultation with the District Planning Committee] may prepare a District Library Development Plan for establishing, co-ordinating and spreading library service within the entire district or part thereof, in such form and manner and containing such particulars as may be prescribed.
2. (2) The District Library Development Plan shall thereafter be forwarded to the President of the State Library Council who shall submit it to the Government with the views of the State Library Council.
3. (3) The Government may, if they deem fit, sanction the District Library Development Plan with or without alterations.
4. (4) The Government may, on application by the District Library Council, modify any district Library Development Plan sanctioned under sub-section (3).
5. (5) As soon as may be after the sanctioning of a District Library Development Plan, the President of the State Library Council shall, in conformity with the provisions of the said plan, make an order called the District Library Development Order, specifying the extent and nature of the Library service which shall be established and maintained by the District Library Council, the measures to be taken by the District Library Council for providing adequate library service to the people in the area and the stages in which such measures shall be taken,
6. (6) Every District Library Council shall give effect to the District Library Development Plan as sanctioned by the Government under sub-section
7. (3) and the District Library Development Order made under sub-section (5).

Government grant to the State Library Council.—

1. (1) The Government may make every year a grant to the State Library Council of a sum which shall not be more than one per cent of the amount allotted for education in the State budget for the year, taking into account the programmes and projects of the State Library Council for that year.
2. (2) The amount of such grant shall be credited to the State Library Fund maintained under section 31 at such times and in such manner as may be prescribed.

State Library Fund.—

1. (1) The State Library Council shall maintain a fund called the State Library Council, from which all the expenses of the State Library Council, District Library Councils and Taluk Library Councils shall be met.
2. (2) The following sums shall be credited to the State Library Fund:-
   • (a) grants which the State Government or Central Government may make to the State Library Council;
   • (b) contributions and gifts made to the State Library Council by any other person, body or authority;
   • (c) Provident Fund, Superannuation Fund, Welfare Fund and other funds of the Granthasala Sanghom transferred under sub-section
3. (2) of section 38;
4. (7) cess collected under section 48.

Distribution of funds to the District Library Councils and Taluk Library Councils.— The State Library Council shall distribute from the State Library, fund such amounts as may be required for each of the District Library Councils and the Taluk Library Councils.

Accounts.—

1. (1) The State library Council and every District Library Council and Taluk Library Council shall keep complete accounts of their financial transactions in such form as may be prescribed.
2. (2) The Accounts shall be open to inspection and shall be subject to audit, disallowance and surcharge and shall be dealt with in all other respects in such manner as may be prescribed.
3. (3) The State Library Council shall with the prior concurrence of the Government, appoint an officer not below the rank of a Deputy Secretary in the Finance Department to be the Accounts Officer of the State Library Council who shall exercise such powers and perform such functions relating to the accounts of the State Library Council, District Library Councils and Taluk Library Councils, as may be prescribed.
4. (4) The State Library Council shall appoint auditors to audit the accounts of the State Library Council, District Library Councils and the Taluk Library Councils.
5. (5) The audited annual statement of accounts shall be forwarded to the Government.
6. (6) The government shall on receipt of the audited annual accounts cause the same to be laid on the table of the State Legislative Assembly.

Inspection of Libraries.—

1. (1) The President of the State Library Council may inspect any library under his jurisdiction for verifying whether the provisions of this Act and the rules and bye-laws made thereunder are duly observed by it: Provided that the President of the State Library Council may delegate the power of inspection to any office bearer of the Council.
2. (2) In all cases where such inspections are made, the person conducting the inspection shall furnish a detailed report of his inspection to the State Library Council and the concerned District Library Council.
3. (3) The concerned District Library Council may consider the report furnished under sub-section
4. (2) and pass such resolution in regard thereto as it may deem fit and the library concerned shall be bound to comply with such resolution unless it is suspended or cancelled or modified by the Government.
5. (4) Where a resolution referred to in sub-section
6. (3) is modified by the Government, the library shall be bound to comply with such resolution as modified by the Government.
7. (5) The State Library Council may, from time to time, direct the District Library Council to prepare a gradation list of affiliated libraries functioning in the District in conformity with the principles to be laid down by the State Library Council in that behalf from time to time and forward such lists to the State Library Council for approval.

1. (1) The President of the State Library Council may inspect any library under his jurisdiction for verifying whether the provisions of this Act and the rules and bye-laws made thereunder are duly observed by it: Provided that the President of the State Library Council may delegate the power of inspection to any office bearer of the Council.
2. (2) In all cases where such inspections are made, the person conducting the inspection shall furnish a detailed report of his inspection to the State Library Council and the concerned District Library Council.
3. (3) The concerned District Library Council may consider the report furnished under sub-section
4. (2) and pass such resolution in regard thereto as it may deem fit and the library concerned shall be bound to comply with such resolution unless it is suspended or cancelled or modified by the Government.
5. (4) Where a resolution referred to in sub-section
6. (3) is modified by the Government, the library shall be bound to comply with such resolution as modified by the Government.
7. (5) The State Library Council may, from time to time, direct the District Library Council to prepare a gradation list of affiliated libraries functioning in the District in conformity with the principles to be laid down by the State Library Council in that behalf from time to time and forward such lists to the State Library Council for approval.

[No title]—(1) Subject to the provisions of this Act and the rules made thereunder and any general or special orders of the Government, the Kerala State Library Council shall have the following powers, namely:—

1. (a) to advise the Government on all matters connected with the administration of this Act;
2. (b) to give directions to District Library Councils and the Taluk Library Councils in the performance of their functions under this Act;
3. (c) to exercise general supervision and control over the working of the District Library Councils, the Taluk Library Councils and the library service in the State;
4. (d) to co-ordinate the working of the District Library Councils and the Taluk Library Councils;
5. (e) to supervise and direct all matters relating to library service in the State;
6. (f) to provide for the holding of conferences, seminars and symposia in the State;
7. (g) to establish and maintain a State Bureau of inter-library loan and reference service;
8. (h) to give training to the library staff;
   • (i) to collect, compile and publish reports on libraries in the State;
9. (j) to perform such other duties as may be prescribed.

[No title] (a) (b) (c)

Vesting of properties, assets, etc., of the Granthasala Sanghom in the State Library Council.—

1. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument, all properties, assets, funds and dues of the Granthasala Sanghom shall, with effect from such date as the Government may, by notification, appoint, stand transferred to and vest in the State Library Council.
2. (2) The Provident Fund, Superannuation Fund, Welfare Fund and other funds of the Granthasala Sanghom, if any, shall be transferred to and vest in the State Library Council and the State Library Council shall administer such funds in accordance with the rules or regulations under which such funds were administered by the Granthasala Sanghom.
3. (3) All liabilities and obligations of the Granthasala Sanghom shall be the liabilities and obligations of the State Library Council.
4. (4) All proceedings or suits pending by or against the Granthasala Sanghom shall be continued by or against the State Library Council.

Board of Control to remain in office for certain period.—

1. (1) The Board of Control of the Kerala Granthasala Sanghom appointed by notified order made under the Kerala Granthasala Sanghom (Taking over of Management) Act, 1977, shall continue in office till a Committee consisting of a Chairman and such other members not exceeding ten, is appointed by the Government, by notification, to arrange for and conduct the first election to the State Library Council, District Library Councils and Taluk Library Unions and attend to other matters incidental thereto.
2. (2) On the issue of a notification appointing the Committee,—
   • • the Board of Control referred to in sub-section
3. (1) shall stand dissolved and all the members thereof shall be deemed to have vacated their offices, as such members:
   • • all the powers and duties which may be exercised or performed by the Board of Control shall, subject to such directions as may be issued by the Government in this behalf, be exercised or performed by the Committee;
   • • All properties vested in the Board of Control shall vest in the Government and, subject to such directions as may be issued by the Government, from time to time, in this behalf, be administered by the Committee;
   • • action, if any, initiated or taken by the Board of Control in respect of the first election to the said councils and Unions referred to in sub-section
4. (1) shall stand cancelled.
5. (3) Subject to the other provisions of this Act, the Committee shall, in such manner and subject to such conditions as may be prescribed, arrange for conducting the first election to the Councils and Unions referred to in sub-section (1).
   • • The term of office of the members of the Committee, the procedure to be followed in the discharge of their functions, their salaries, allowances and other conditions of service shall be such as may be determined by the Government.

[One-fifth] of the total number of members of the 41[Taluk Library Council] shall be the quorum for a meeting of the 42[Council].

[No title]—(4) [One-fifth] of the total number of members of the 41[Taluk Library Council] shall be the quorum for a meeting of the 42[Council.]

1. (1) The State Library Council may, with the previous sanction of the Government, make bye-laws for carrying out the purposes of this Act.
2. (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 methods of election of members to the State Library Council, District Library Councils and the Taluk Library Councils;
   • (b) the publication of the list of members of the State Library Council, District Library Councils and the Taluk Library Councils;
   • (c) the conduct of meetings of the State Library Council, District Library Councils and the Taluk Library Councils and the procedure of business;
   • (d) the duties and responsibilities of the office-bearers of the State Library Council, District Library Councils and the Taluk Library Councils;
   • (e) the form of the Library Development Plan;
   • (f) the method of taking over the management of affiliated libraries;
   • (g) the conditions under which affiliation may be granted to libraries;
   • (h) the maintenance of accounts;
     • (i) the recruitment, training, conditions of service, pay and allowances of the staff;
   • (j) the procedure for audit and inspection of libraries.

[No title]—

1. (1) Any person or body of persons may, with the prior sanction of the Taluk Library Council, establish a library in any area within the Taluk and apply for recognition as an affiliated library under this Act.
2. (2) Every application for recognition shall be made to the Taluk Library Council in such form and in such manner as may be prescribed.
3. (3) The Taluk Library Council shall consider the application and if it is satisfied that the conditions prescribed for granting affiliation have been complied with, recommend the application through the District Library Council to the State Library Council for affiliation and on such affiliation being granted, the library shall be treated as an affiliated library.
4. (4) A person aggrieved by any decision of the Taluk Library Council with regard to the affiliation of library may appeal to the District Library Council in writing through the Taluk Library Council within thirty days of such decision and the decision of the District Library Council after obtaining the opinion of the Taluk Library Council thereon shall be final.

Penalty for obstruction of inspection and other offences.—

1. (1) Any person who—
   • (a) wilfully obstructs the State Library Council or the District Library Council or the Taluk Library Council or any officer or servant thereof in Inspection of any library; or
   • (b) wilfully fails to stop or prevent the unauthorised removal or damage of any book, newspaper, periodical, map, manuscript, work or specimen, or obstructs the smooth working of the library service; or
   • (c) contravenes any of the provisions of this Act or the rules made thereunder; shall be punishable with fine which may extend to five hundred rupees, and in case of a continuing offence, with a further fine which may extend to fifty rupees for every day during which the offence continues after conviction for the first such offence.

*[No title].*—(1) The Government may, by notification in the Gazette, make rules to carry out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (a) the manner of election of members to the State Library Council, District Library Councils and Taluk Library Councils;
   • (b) the terms and conditions in respect of the office of the President, Vice-President and other members of the Library Councils;
   • (c) the procedure to be followed at meetings of the Library Councils and the executive committees thereof;
   • (d) the manner in which the library service shall be organized;
   • (e) the standards of library service to be provided;
   • (f) the maintenance of the library fund;
   • (g) the form of accounts to be kept and the manner in which they shall be audited;
   • (h) the preparation of annual reports and the submission of the same to the Government;
     • (i) the conditions of service of the officers and servants of the Library Councils;
   • (j) any other matter which has to be, or may be, prescribed under this Act.
2. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen 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, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form 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 under that rule.

[No title]—[(a) to hold office or be a member of any of the bodies constituted under this Act;

1. (b) to hold or contest for any election to any of the bodies constituted under this Act;
2. (c) to be appointed to any post in the State Library Council, District Library Council or Taluk Library Council.]

[No title]

1. (a) [No title]
2. (b) [No title]
3. (c) [No title]

Levy of library cess.—(1) With effect from such date as the Government may, by notification, appoint in this behalf, a library cess in the form of a surcharge on the property tax or house tax levied in any local area under the Kerala Panchayat Raj Act, 1994 (13 of 1994), and the Kerala Municipality Act, 1994 (20 of 1994), shall be levied by the local authority at such rate, not being less than five paise and not more than ten paise for every rupee of the property tax or house tax so levied, as the Government may, by notification in the Gazette, specify.

1. (2) The cess levied under sub-section
2. (1) shall be collected—
   • (a) in the area within the jurisdiction of a Grama Panchayat, by the Grama Panchayat;
   • (aa) in the area within the jurisdiction of a Town Panchayat, by the Town Panchayat;
   • (b) in the area within the jurisdiction of a Municipality or a Municipal Corporation, by the Municipality or the Municipal Corporation, as the Kerala Panchayat Raj Act, 1994 (13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994) shall, respectively, be substituted; Provided that the cess collected under sub-section
3. (1) by the Grama Panchayat, Town Panchayat, or a Municipality or a Municipal Corporation, shall be paid to the District Library Council in such manner and subject to such conditions as may be prescribed: Provided further that the cess collected as aforesaid shall be remitted in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipality Act, 1994 (20 of 1994) shall, respectively, be substituted.
4. (3) The cess collected by the Grama Panchayat, Town Panchayat, Municipality or Municipal Corporation shall be credited to the District Library Fund.

Power to make rules.—(1) The Government may, by notification in the Gazette, make rules to carry out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (a) all matters expressly required or allowed by this Act to be prescribed;
   • (b) the conditions of service of the officers and servants of the State Library Council, District Library Councils and Taluk Library Councils;
   • (c) the procedure to be followed in the preparation of development plans; and
   • (d) the method of holding elections to the Library Councils under this Act.
2. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen 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, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form 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 under that rule.

1. (2) Notwithstanding such repeal, the Board of Control appointed by notified order made under the Kerala Granthasala Sanghom (Taking over of Management) Act, 1977, shall remain in office till a Committee under sub-section
2. (1) of section 39 of this Act is appointed.