11 THE TAMILNADU PUBLIC LIBRARIES RULES. NOTIFICATIONS. (G.O.No. 627, Education, dated 28th February 1950). The Government have decided that the provisions of the Tamil Nadu Public Libraries Act, 1948 (Act XXIV of 1948), be brought into force from 1st April 1950. The Director of Public Instruction will also be the Director of Public Libraries for the time being under section 4 of the Act.
2. Under sections 5 (2) (c) and (3) (e) of the Act, the Government direct that the District Educational Officer in the case of a district having only one officer and one of the officers selected by the Director of Public Instruction in the case of districts having more than one such officer, be a member, convener and Secretary of the Local Library Authority of the district .
3.The Commissioner, Corporation of Chennai, the Presidents of District Boards and Executive Authorities of municipal councils are informed that the library cess should be collected in pursuance of section 12 of the Act from the year 1950-51 and paid to the Local Library Authority.
4. The following notifications will be published in the Fort St. George Gazette:- I In exercise of the powers conferred by section 1 (3) of the Tamil Nadu Public Libraries Act, 1948 (Tamil Nadu Act XXIV of 1948), His Excellency the Governor of T Tamil Nadu hereby directs that sections 2 to 19 of the said Act shall come into force on the 1st April
1950. II In exercise of the powers conferred by section 4 of the Tamil Nadu Public Libraries Act,1948 (Tamil Nadu Act XXIV o f1948), His Excellency the Governor of Tamil Nadu hereby appoints the Director of Public Instruction, Tamil Nadu, as the Director of Public Libraries with effect on and from the Ist April 1950. III Under section 4 (a) of the Tamil Nadu Public Libraries Act, 1948 (Tamil Nadu Act XXIV of 1948), His Excellency the Governor of Tamil Nadu hereby directs that with effect on and from the Ist April 1950, the existing Government Library known as the Connemara Public Library, Chennai be recognized as the Central Library. This library with the existing staff now employed therein will come under the jurisdiction of the Director of Public Libraries from I st April 1950. IV In exercise of the powers conferred by section 18 (1) of the Tamil Nadu Public Libraries Act,. 1948 (Tamil Nadu Act XXIV of 1948), His Excellency the Governor of Tamil Nadu hereby makes the following rules: RULES
CHAPTER I The State Library Committee –Constitution, powers and duties.
1. (1) These rules may be called the Tamil Nadu Public Libraries Rules.
(2) They shall come into force on the Ist April 1950. 12 The Tamil Nadu Public Libraries Rules
2. (1) The State Library Committee (hereinafter referred to as the Committee), shall consist of –
(i) the Minister in charge of Education (thereinafter referred to as the Minister);
(ii) The Minister in charge of Local Administration;
(iii) The Secretary to Government Health, Education and Local Administration Department;
(iv) The Director of Public Instruction (ex-officio Director of Public Libraries, hereinafter referred to as the Director;
(v) The Special Officer assisting the Director in the Administration of the Act (hereinafter referred to as the Special Officer);
(vi) two persons elected by the State Legislature, one by the members of the Legislative Assembly and the other by the members of the Legislative Council:
(vii) one person nominated by each of the syndicates of (i) the Madras University and (ii) the Annamalai University;
(viii) one person nominated by the executive of the Chennai Library Association
(ix) one person with special knowledge of matters relating to libraries nominated by the Minister;
(x) one person nominated by the Minister from among the members of the Local Library Authority of the City of Chennai;
(ix) four persons nominated by the Minister from among the members of the Local Library Authorities of the districts.
(2) The Minister shall be the President and the Special Officer shall be the Secretary of the Committee.
(3) The Director shall address the Secretary to the Government, Education Department for the election of the members to be elected by the Legislature to the Committee. The member shall be elected upon a motion to be made In the House concerned by the Minister.
3. (1) Subject to the provisions of sub-rule (3), the term of office of a nominated or elected member of the Committee, other than an ex-officio member, shall be three years from the date of his nomination or election, as the case may be.
(2) A vacancy in the office of a nominated or elected member of the Committee 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 till the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected.
(3) A member nominated in his capacity as the holder of a particular office shall, if he ceases to be the holder of that office, cease to be a member of the Committee.
(4) Members of the Committee shall be eligible for re-nomination or re-election. 4 (a) The members of the Committee and its sub-committees shall receive no remuneration. 13 The Tamil Nadu Public Libraries Rules
(b) The Committee or its sub- committee shall be treated of the first class (as distinct from committees of the State Legislature) and members of the State Legislature and non-official members (including pensioners and those paid from non- Government sources) Shall draw Travelling Allowance at the following rates and on the following conditions.- Railway fee .. .. I class + 6 Paise per mile Mileage .. .. 37 paise a mile. Daily allowance .. .. Rs. 10 for each day of attendance at the meeting including halt of less than 24 hours to attend a meeting. Rs. 7.50 paise for each day of attendance at the meeting held at the place of residence of the member or within a radius of five miles of his residence. No daily allowance for the day pervious or subsequent to the meeting of the Committee.
5. The Committee shall commence functioning notwithstanding the fact that Local Library Authorities have not been constituted or representatives of such authorities have not been nominated to the Committee.
6. (1) The committee shall meet at such times and in such places as may be determined by the Minister.
(2) Five members will form a quorum.
(3) In the absence of the Minister, the members present at a meeting of the Committee shall elect a Chairman from among themselves.
(4) (a) The Committee may appoint sub-Committees to examine special problems coming within its purview and to formulate proposals for its consideration and to deal with current administration in respect of matters comprehended in rule 7, clauses (c), (d),(e), (g) and (h)
(b) Such sub-Committees may Consist solely of members of the Committee or solely of non-members who are experts in matters relating to libraries or partly of members and partly of such non-members.
7. The matters in regard to which the Committee may advise the Government exercise powers or perform duties. are the following:-
(a) (i) The Constitution of the Central Library and its branches or the recognition of an existing Government library together with its branches, if any, as such central library and its branches.
(ii) The laying down of the policy for the management of the central library including its branches.
(b) The rules to be framed under section 18 of the Act.
(c) (i) The encouraging of the employment of trained professional staff of different grades for the library system of the State.
(ii) The maintenance of a register of approved members of the library profession of different grades from among whom the professional staff of the libraries of the State may be appointed.
(iii) The prescription of qualifications, academic and professional, needed for the different grades of professional staff for inclusion in the register of approved librarians.
(iv) The suggestion of standard scales salary and other conditions of service for the different grades of professional staff in libraries.
(d) The publication of the copy –right list of the State bibliography and book selection lists for the benefit of the libraries of the State. 506 -2-3 14 The Tamil Nadu Public Libraries Rules
(e) (i) The promotion of co-operative classification and cataloguing and other forms of co-operation and co-ordination among the libraries of the state and of India as a whole.
(ii) The promotion of standards for library buildings, fittings and furniture and for library technique.
(f) (i) The promotion of production of reference books; adults‘ books and children‘s books suitable for use in libraries.
(ii) The Promotion of production and use of books for the blind.
(g) The consideration of the schemes submitted by the Local Library Authorities.
(h) The consideration of the stages in which libraries in different areas are to be established. Local Library Authorities –Filling up of vacancies in the office of members.
8. The Director or the Chairman of the Local Library Authority for the city of Chennai shall intimate to the Corporation of Chennai the existence or the occurrence of a vacancy or vacancies in the Local Library Authority aforesaid to be filled by the Corporation by election and thereupon the Corporation shall elect the required number of members.
9. Whenever a vacancy occurs in the Local Library Authority for the City of Chennai to be filled by nomination by the Government, the Chairman of the Local Library Authority shall address the Director to take the necessary step to fill it up.
10. Any vacancy arising under section 5 (2) (c) of the Act shall be reported to the Director for taking such action as may be necessary.
11. The Director or the Chairman of the Local Library Authority of the district shall intimate to the president of the district board, the occurrence or the existence of a vacancy in the Local Library Authority aforesaid to be filled by election by the district board. Thereupon the district board shall elect a member to fill up the vacancy.
12. The Director or the Chairman of the Local Library Authority of the district shall intimate to the District Panchayat Officer or the Deputy Panchayat Officer of the district the occurrence or the existence of a vacancy or vancancies in the Library Authority aforesaid to be filled by election by the presidents of the panchyats in the district. Thereupon the Districts Panchyat Officer or the Deputy Panchayat Officer, as the case may be, shall make the arrangements necessary for such election. The District Panchayat Officer or the Deputy Panchayat Officer, as the case may be, shall convene a meeting of the presidents of panchyats in the district after giving notice of not less than seven days of the meeting specifying the time and palce at which the meeting will be held.
13. The Director or the chairman of the Local Library Authority of the district shall intimate to the Chairman of the municipal council the occurrence or the existence of a vacancy or vacancies in the Library Authority aforesaid to be filled by election by the municipal council and thereupon the council shall elect the required number of members. 15 The Tamil Nadu Public Libraries Rules
14. Whenever vacancies occur in the Local Library Authority of a district among the ten members nominated by the Director, the Chairman of the Local Library authority shall address the Director to take the steps necessary to fill them up.
15. Any vacancy arising under section 5 (3) (e) of the Act shall be reported by the Chairman of the Local Library Authority to the Director for taking such action as may be necessary.
16. (1) The election of members to the Local Library Authority to be made by the Corporation of Chennai or a district board or municipal council shall be by ballot at a meeting held for the purpose by the body concerned.
(2) The election of one member to the Local Library Authority to be made by the presidents of the panchayats in each taluk in the district shall be by ballot at a meeting of the presidents concerned:
Provided that-
(a) if there is only one panchayat in the taluk, the president of that panchayat shall nominate a candidate and the candidate so nominated shall be declared to be duly elected;
(b) if there are two or three panchayats in a taluk, a meeting of the presidents of these panchayats shall be convened at which these presidents shall, after due deliberation among themselves choose a candidate and the candidate so chosen shall be declared to be duly elected; and
(c) if the presidents are unable to agree among themselves as to the candidate to be chosen, lots shall be drawn in the presence of the District Panchayat Officer or the Deputy Panchayat Officer as the case may be and the candidate whose name is thus drawn shall be declared to be duly elected.
(3) The quorum for the meeting for the election of one member to the Local Library Authority by the presidents of the panchayats in a taluk shall be one - third of the total number of presidents.
CHAPTER II Libraries eligible for aid.
17. The Director shall maintain a register of aided Libraries.
18. The following are the conditions determining eligibility for entry in the register of aided libraries, namely:-
(1) The Library shall be kept open free of charge to the public of the locality for consultation of reading and kindred materials with the premises without any restriction except those relating to proper behavior, public health and conformity to the rules of the library which have received the approval of the Director.
(2) The Library shall be kept open for use by the public for not less than 30 hours in a week, shall have a minimum average daily attendance to be fixed by the Director, shall be located in a place accessible to all communities and shall not be removed to any place inaccessible to any community without the pervious sanction of the Director.
(3) The library shall have books and not merely newspapers and current periodicals. 16 The Tamil Nadu Public Libraries Rules
(4) The indents for books, magazines and journals to be purchased for libraries, shall receive the prior approval of the Local Library Authority. The books, magazines and journals to be purchased shall conform to the requirements mentioned below:-
(a) They shall be of general interest and of cultural value.
(b) The books, if they are stories or novels, shall be by standard authors and shall not be of doubtful taste.
(c) Books, magazines and journals abusing communities or religions shall not be purchased.
(d) Books, magazines and journals which are of doubtful taste or which contain undersirable pictures shall not be purchased.
(5) A separate register for books and for members shall be maintained in each library.
(6) The library shall lend books for use outside the library premises on conditions approved by the Director and the number of books so lent in a year shall not be less than a minimum to be fixed by the Director.
(7) The library shall have adequate staff to administer its affairs according to the standard fixed by the Director.
(8) The library shall be located in a building of its own with the necessary fittings and furniture to the satisfaction of the Director, who shall give advice about the standards required in each case.
(9) The library, if it is one maintained by a grama sangam or a private agency in a village with a population of over 5,000 or in an urban area, shall have a capital fund of Rs.2,000 and a minimum annual income of Rs.200 derived from capital fund and other sources taken together but excluding the Government grant. NOTE-(1) A library maintained by a panchayat or a co-operative society will not come within the scope of this rule.
(2) Any existing library which does not have the capital fund of Rs. 2000 and a minimum annual income of Rs.200 derived from the capital fund and other sources taken together excluding the Government grant shall be allowed a period of five years from 1st April 1953 to raise the same:
Provided that this clause shall not apply to any library maintained by the Corporation of Chennai or by any municipal council, district board or panchyat or by a cooperative society.
(10) The library shall be owned and managed by a body approved by the Director or a person authorized by him and the copy of its constitution and by-laws shall be filed with the Director or the person aforesaid.
19. The following are the conditions for retention of the name of a library in the register of aided libraries from year to year, namely:-
(1) There shall be no deterioration in the standards and conditions approved at the time of entry in the register.
(2) The Director or his agents shall be allowed to inspect the library, from time to time in order that the Director may satisfy himself that the standards and conditions of eligibility are being maintained.
(3) Periodicals and the ad-hoc returns and reports shall be submitted at such times and incorporating such information as may be required by the Director. 17 The Tamil Nadu Public Libraries Rules
(4) The library building and other immovable property of the library or its capital fund shall not be alienated without the sanction of the Director and without the same being replaced to an extent equal in value to the satisfaction of the Director.
(5) All changes in the constitution and by-laws of the body owing the library shall be subject to the approval of the Director or person authorized by him and a copy of the same shall be filed with the Director or person above said.
(6) All Changes in personnel of the Managing Body shall be reported to the Director within one month of the change.
(7) Each year the annual accounts as audited and certified by an auditor approved by the Director shall be submitted to him:
Provided that this sub-rule shall not apply to any library which receives a Government grant of less than Rs. 2,000 and the accounts of which are inspected and checked by the Deputy Inspector of schools having jurisdiction.
20. The aid to be given by the Director may be-
(1) non-recurring to meet capital expenditure on buildings, furniture and fittings; or
(2) recurring to meet current expenditure on all or any of the following, namely:-
(a) the purchase of reading and kindred materials;
(b) binding and preservation of reading and kindred materials;
(c) the payment of the staff;
(d) deputation allowance for staff deputed for professional training at institutions approved by the Director for the purpose;
(e) other office expenses.
(3) The aid may be both recurring and non- recurring.
21. (1) Non-recurring grant shall be made on such capital expenditure as is made on buildings whose plans and specifications are approved by the Director and are erected in accordance with the estimates approved by him.
(2) The non-recurring grant shall bear such proportion to the actual expenditure as is fixed by the Government from time to time, subject to a maximum amount determined by the Government in relation to the approved estimate. 22 (1) The recurring grant for a financial year shall be sanctioned by the Director on the basis of the expenditure for the proceeding financial year as shown in the accounts and balance sheet in the report of the approved auditor or of the Deputy Inspector of Schools, as the case may be:
Provided that the estimated expenditure of the current year approved by the Director may form the basis for the first year in which a library is given aid. Any adjustment in the amount of recurring grant for the first year that may become necessary on the basis of the actual expenditure for the year may be made in the next year.
(2) The recurring grant shall bear such proportion to the actual expenditure as is fixed by the Government from time to time. 18 The Tamil Nadu Public Libraries Rules
CHAPTER III. Financial Rules –General.
23. All moneys received by the Local Library Authority shall be deposited in the nearest Government treasury:
Provided that the Local Library Authority may, with the sanction of the Government for specified reasons, have a current Account and/or, if necessary, a Savings Bank Account with any of the local banks approved by Government or with any of the following banks, namely:-
(1) a branch of the post Office Savings Bank;
(2) The Tamil Nadu State Co-operative Bank;
(3) A Central Co-operative Bank approved by the Registrar of Co-operative Societies, Chennai, for the purpose.
(4) The State Bank of India:
Provided further that the Local Library Authority may invest any sum not required for immediate use in” fixed deposits ’’ in any of the local banks approved by the Government or in any of the banks mentioned in items 1 to 4 of the preceding proviso or in Government securities or with the sanction of the Government in any other security. 23-A(1). The Director shall operate the “General Fund” created under section 14 A of the Tamil Nadu Public Libraries Act, 1948 (Tamil Nadu Act XXIV of 1948) and release the fund every year to the weaker and needy Local Library Authorities so declared by the Government for developmental activities such as building construction, purchase of books and periodicals, book racks, furniture, tools and plants, purchase of buildings and sites, audio and video equipments, computerization, xeros machines, air conditioning of civil service study centre, consolidated payment to contingent staff. He shall decide the quantum of grant from General Fund for each Local Library Authority on the basis of their needs and priorities. The number of Local Library Authorities to receive the grant for each year shall also be decided by the Director on the basis of the funds availability of the District concerned.
(2) All the Local Library Authorities shall contribute a sum equivalent to twenty percent of previous year’s cess collection to the ’’General Fund’’ every year.
(3) The Director shall open a savings Bank account in nearby Post Office in the name of the Director to operate the fund.
(4) The Director shall prepare a separate budget for the ’’General Fund‘‘ based on the proposals submitted by the weaker and needy Local Library Authorities to the Director for developmental activities.
Explanation:- For the purpose of this rules, ‘‘Weaker and needy Local Library Authorities’’ means Local Library Authorities which cannot function self-sufficiently with the annual cess collection and are in need of external financial support. 19 The Tamil Nadu Public Libraries Rules
(5) The Director shall be the competent authority to accept, reject or modify the proposals submitted by the Local Library Authorities.
(6) The maintenance of accounts and utilization of the ‘‘General Fund’’ shall be subject to audit by the Local Fund Audit Department.
(7) The quantum of contribution of twenty percent fixed shall be revised, if necessary by the Director according to the financial position of the Local Library Authorities.
24. The Local Library Authority shall submit to the Director by the 1st February of every year, its budget estimates of receipts and expenditure in the form appended to these rules and the Director shall scrutinize and approve the estimates with or without modifications. Audit, surcharge and disallowance.
25. (1) The Local Library Authority shall submit all accounts to auditors as required by them.
(2) The auditors may-
(i) in writing, require the production of any book, deed contract, account, voucher, receipt or other document the perusal or examination of which they consider necessary;
(ii) in writing, require any person who has the custody or control of any such document or who is accountable for it to appear in person before them;
(iii) require any person so appearing to make and sign a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto.
26. The auditors shall-
(1) report to the Local Library Authority any material impropriety or irregularity which they may observe in the expenditure, or recovery of moneys due to the Local Library Authority or in the accounts;
(2) furnish to the Local Library Authority such information as it may require concerning the progress of their audit;
(3) report to the Local Library Authority any loss or waste of money or other property owned by or vested in the Local Library Authority caused by neglect or misconduct, with the names of persons, directly or indirectly, responsible for such loss or waste; and
(4) submit to the Local Library Authority a final statement of the audit. 20 The Tamil Nadu Public Libraries Rules
27. (1) The Local Library Authority shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and submit three copies of its answers to the objections raised by the auditors to the District Inspector of Local Fund Accounts of the District concerned, not later that three months from the date of receipt of the Audit Report.
(2) Out of the three copies of the reports received by the District Inspector of Local Fund Accounts under sub-rule (i) from the Local Library Authority, the District Inspector shall retain one copy and forward the other copies together with his remarks to the Director of Public Libraries. The Director will retain one copy and submit the other containing the remarks of the District Inspector of Local Fund Accounts to Government together with his remarks. The Government will review the Audit Reports and replies thereto in each individual case separately and communicate a copy of their orders to the Director of Public Libraries, to the Examiner of Local Fund Accounts and to the Local Library Authority concerned.
28. The auditors may disallow every item contrary to law and surcharge the same on the person making or authorizing the making of, the illegal payment; and may charge against any person responsible therefor the amount of any deficiency, loss or unprofitable outlay incurred by the negligence or misconduct of that person or of any sum which ought to have been but is not brought into account by that person and shall, in every such case, certify the amount due from such person.
29. The auditors shall state in writing the reasons for their decision in respect of every disallowance, surcharge or charge.
30. Every sum certified to be due from any person by the auditors under the Act, shall be paid by such person to the Local Library Authority within fourteen days from the date of intimation by the Chairman of said Authority to such person of the decision of the auditors unless within that time he has appealed to Government against the decision; and such sum if not so paid or such sum as the Government shall on appeal declare to be due, shall be recoverable by the Local Library Authority. 30-A. Interest at the rate of six per cent per annum shall be charged on the surcharge amount due, with effect from the day following the last date fixed for payment of the said surcharge amount in the surcharge certificate. The interest so charged on the surcharge amount overdue shall be specified in the surcharge certificate itself in practice terms as laid down in Section 34 of the Civil Procedure Code, 1908 (Central Act V of 1908).
31. Notwithstanding anything contained in these rules, the Government may at any time direct that the recovery of the whole or any part of the amount certified to be due from any person by auditors under this Act shall be waived if in their opinion such a course is necessary considering all the circumstances of the case. 21 The Tamil Nadu Public Libraries Rules
CHAPTER IV Mode of transacting business.
32. The Local Library Authority shall provide an office and shall meet therein or at any centre in the district which may be decided upon by the Chairman for the transaction of business as often as may be necessary, upon such days and at such times as it may arrange and also at other times as often as a meeting shall be called by the Chairman.
33. The Chairman shall, on the requisition in writing of not less than six members or, if the number of members then on the Local Library Authority exceeds sixteen at least one-third of that number, convene a meeting of the said Authority provided that the requisition specifies the day when and the purpose for which the meeting is to be held. The requisition shall be delivered at the office of the Local Library Authority during office hours to the Chairman, Secretary, or any other official in charge of the office of the Local Library Authority at least ten clear days before the day of the meeting. In case the Chairman fails to comply with the requisition, the members who signed the requisition may summon a meeting of the Local Library Authority and hold it if there is the required quorum, electing one among themselves as the Chairman.
34. Every meeting of the Local Library Authority shall be presided over by the Chairman and in his absence by a member chosen by the meeting to preside for the occasion.
35. All meetings of the Local Library Authority shall be open to the public:
Provided that the presiding member may and, at the request of the Local Library Authority, shall in any particular case, for reasons to be recorded in the minute book kept under rule 40, direct that the public generally, or any particular person, shall withdraw:
Provided further that any of the District Educational Officers in the district if that district has more than one District Educational Officer or the Special Officer for Education, Pudukkottai, in respect of the Tiruchirappalli district shall not be directed to withdraw under the provisions of the foregoing proviso.
36. All questions which may come before the Local Library Authority at any meeting shall be decided by a majority of the members present and voting at the meeting and, in every case of equality of votes, the presiding member shall have and exercise a second or casting vote.
37. No business shall be transacted at a meeting, unless there be present at least six members or, if the number of members then on the Local Library Authority exceeds sixteen, at least one-third of that number.
38. (i) If within half an hour after the time appointed for a meeting, a quorum is not present, the meeting shall stand adjourned, unless all the members present agree to wait longer.
(ii) Subject to the provisions of sub-rule (iii) a member of Local Library Authority shall cease to hold his office if he absents himself from three consecutive meeting reckoned from the date of commencement of his term of office or of the last meeting which he attended:
Provided that no meeting from which a member absents himself shall be counted against him under this rule, if due notice of that meeting was not given to him. 22 The Tamil Nadu Public Libraries Rules
(iii) When a person ceases to be a member under sub-rule (ii), the Chairman shall at once intimate the fact in writing to such person and report the same to the Local Library Authority at its next meeting. If such a person applies for restoration suo moto to the Authority on or before the date of its next meeting or within 15 days of receipt by him of such intimation, the Authority may at its meeting next after the receipt of such application restore him to his office of members:
Provided that a member shall not be so restored more than twice during his term of office.
39. No resolution of the Local Library Authority shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf any by a resolution of the Local Library Authority supported by not less than one-half of the sanctioned number of members.
40. Minutes of the proceedings at each meeting of the Local Library Authority shall be drawn up and entered in a book to be kept for that purpose; and shall be signed by the presiding member or in his absence by some one of the members present there at and the said minute shall, at all reasonable times and without charge, be open at the office of the Local Library Authority to the inspection of any person who pays any cess under this Act in the said area.
41. The proceedings of every committee appointed by the Local Library Authority shall be recorded in writing and submitted to the Local Library Authority.
42. (I) The duties of the Chairman of the Local Library Authorities shall be as follows:-
(a) He shall preside over all the meetings of the Local Library Authority.
(2) 1 The duties of the Secretary of the Local Library Authority shall be as follows:- The Secretary of the Local Library Authority shall be the convenor for the meetings of the said Authority. He shall also be responsible for the appointment of the staff, other than Superintendent, Assistant, Accountant, Head Clerk, Junior Assistant and Typist, Inspector of Libraries, Librarian Grade-1, Librarian Grade-II, Stock Verification Officer, Building Supervisor, Building Maistry and Driver, proper control and supervision of the office as well as the libraries of the Local Library Authority including its fund and shall sign all orders or cheques against the library fund.
43. If any difficulty arises in the interpretation or enforcement of these rules, the matter shall be reported to the Director whose decision thereon shall be final.
CHAPTER V. Schemes to be submitted by Local Library Authorities.
44. Each Local Library Authority shall first prepare and submit to the Director a tentative outline scheme giving in skeleton form, a picture of the ------------------------------------------------------------------------------------------------------------
1. Inserted in G.O.Ms.No.171, School Education(K2)Department, dated:13.09.2006 23 The Tamil Nadu Public Libraries Rules number of main and branch libraries and delivery stations within its area should have ultimately, i.e., when the spread of library service reaches its fullness.
45. A tentative outline scheme shall give the following and any other relevant information:-
(1) a map of each city, i.e., a locality with a population of 50,000 or over, lying within the area with the positions of the main library and branch libraries shown by distinctive marks;
(2) the basis for the map of each city may be as follows:-
(a) one main library;
(b) a branch library either for each division or for every 25,000 people;
(3) a map of the area of each district with the position of each city and of the main and branch libraries and delivery stations to serve the rest of the district shown by distinctive marks;
(4) the basis for the map of a rural area, i.e., the area of a district board excluding the cities lying within it, may be as follows:-
(a) one main library as the minimum and more if the size or shape or the terrain of the area demands it;
(b) one branch library for each town, i.e., a locality with a population between 5,000 and 50,000; and
(c) one delivery station for each village, i.e., a locality with a population between 1,000 and 5,000 and one for each group of three contiguous hamlets, i.e., localities with a population below 1,000;
Provided that in special circumstances to be stated specifically by the Government, a branch library or delivery station can be opened in a locality without the minimum specified limit of population.
(5) a tabular statement of the material given in the map under the following heads:-
(a) for each city-
(i) Division.
(ii) Area.
(iii) Population.
(iv) Branch library. (The last line to give the total)
(b) for each district-
(i) Area.
(ii) Population.
(iii) Number of cities. I. Total Population of the cities. II. Number of branch libraries in cities.
(iv) Number of towns and their total population.
(v) Balance of the Population.
(vi) Number of villages and their total population.
(vii) Number of hamlets and their total population.
(viii) Number of delivery stations. (The last line to give the total) 24 The Tamil Nadu Public Libraries Rules
46. The Director shall examine the tentative outline scheme of each Local Library Authority and approve it with such modifications and additions, if any, as he may think fit. He shall thereafter call for a detailed scheme based on the tentative scheme approved by him. On receipt of the detailed scheme the Director may approve it with or without modifications and shall issue instructions in regard to its execution.
47. The Director shall make report to the State Library Committee in regard to the detailed schemes approved by him under rule 46 whenever it meets and consider wherever possible the suggestions made by its members. 48 (1) The Local Library Authority may with the prior permission of the Director of Public Libraries, name a District Central Library after a person who is not alive as chosen by a donor who donates a suitable building to the value of not less than Rs.1 lakh.
(2) The Local Library Authority may with the prior permission of the Director of Public Libraries, name a branch library after a person who is not alive as chosen by a donor who donates a suitable building to the value of not less than Rs.50,000/-.
(3) The Local Library Authority may with the prior permission of the Director of Public Libraries, name a District Central Library or a Branch Library after a person who is alive or not chosen by a donor who donates—
(i) a site of an area of not less than 10 cents suitable for construction of a building, if the guideline value of the land is not less than Rs.1.00 lakh if such donation is in respect of a District Central Library or Rs.50000/- if such donation is in respect of a Branch Library; or
(ii) an amount of not less than Rs.1.00 lakh in respect of a District Central Library or Rs.50000/- in respect of Branch Library;
Provided that the Local Library Authority shall not rename a District Central Library or a Branch Library if the same has already been named under this rule. 25 APPENDIX FORM FOR SUBMISSION OF BUDGET (See rule 24.) Budget estimate of the Local Library Authority for 196 N.B.-Columns (3) and (4) will give the figures for the current year. Column
(5) will give the estimated figure for the coming year. Column (2) will give the figure relating to the previous year. Head of account Actual for Budget estimate for Revised estimate for Budget estimate for
Explanation for variations.
(1) RECEIPTS
(2) (3) (4) (5) (6) Ordinary- Opening balance .. .. Library cess .. .. Contributions and gifts .. Fees, fines and forfeitures Income from endowments .. Other receipts – Government grant -
(i) Under section 13 (3) of the Public Libraries Act
(ii) Under section 13 (2) (c) of the Public Libraries Act Investments realized .. Advance recovered .. Deposits .. .. ... Deduct ..- Refunds .. .. .. Amount transferred to Capital. Total. Ordinary .. ... Capital – Government grants Endowments and contributions. 26 The Tamil Nadu Public Libraries Rules Head of account Actuals for Budget estimate for Revised estimate for Budget estimate for
Explanation for variations
(1) (2) (3) (4) (5) (6) RECEIPTS - cont. Capital –Cont. Loans .. .. .. Investment realized .. Other receipts .. .. Add amounts transferred from Ordinary. Total Capital .. Total, Ordinary and Capital. Grand total including Opening balance EXPENDITURE Ordinary – staff – Pay and Allowances Contribution to Provident Fund or Pension. Travelling allowance of -
(i) Establishment ..
(ii) Chairman ..
(iii) Members ... Contingencies –
(i) Rent and taxes ..
(ii) Postage .. ..
(iii) Stationery ..
(iv) Printing ..
(v) Other items .. Equipment---
(i) Purchase of books and periodicals
(ii) Furniture and apparatus
(iii) Other items .. Repairs to buildings .. Contributions .. Interests on and repayment of Loan . Lectures and classes .. Investment made .. Advance recoverable .. Deposits .. Total ordinary .. Capital – Lands and buildings .. Equipment .. Investments made .. Other items .. Total Capital .. Total Ordinary and Capital Closing balance .. .. Grand total including closing balance .. 27 ACT SI. No.
(1) Section
(2) Position
(3) Authority
(4) Remarks
(5) Prior to Amendment After Amendment
1. 5 (3) (b) One member elected by the district board, and where there are two or more district boards in the district, one member elected by each such district board; One member elected by the members of the district panchayat from among themselves. The Tamil Nadu Public Libraries (amendment) Act, 1998 (Act No.15 of 1998) Section 5 (3) (b) of Tamil Nadu Act XXIV of 1948 – substitution in full
2. 5 (5) Every Local Library Authority shall elect one of its members to be its Chairman. The members of every Local library Authority shall elect a Chairman and a Vice-Chairman from among themselves. Notwithstanding anything contained in the principal Act or the rules made there under, the election of Vice –Chairman by the members of the Local Library Authority, City of Chennai on the 24th day of January 2007 shall, for all purposes, be deemed to be and to have always been, validly held in accordance with law as if the principal Act as amended by this Act had been in force at all material times when such election had been held. The Tamil Nadu Public Libraries (Amendment Act, 2007 (Act No.20 of 2007) Section 5 (5) of Tamil Nadu Act XXIV of 1948 – substitution in full
3. NIL NIL Persons employed in Local Library Authorities to be Government servants-
(1) Notwithstanding anything contained in any law for the time being in force, on and from the 1st day of April 1982, all persons employed in every Local Library Authority in the posts specified in the Schedule shall become whole-time Governments.
(2) Notwithstanding anything contained in this Act and subject to the provisions of Article 311 of the Constitution, the Government may make rules regulation the conditions of service of the persons employed in the Local Library Authorities in the posts specified in the Schedule. The Tamil Nadu Public Libraries (Amendment) Act, 2001 (Act No.5 of 2001) 9A – Insertion of new section Nil Nil Repayment of amounts-The amount paid by the Government towards salaries, allowances, pensions and other remuneration of the persons employed in a Local Library Authority in the posts specified in the Schedule, shall be repaid by such Local Library Authority to the Government. The Tamil Nadu Public Libraries. (Amendment) Act, 2001 (Act No.5 of 2001) 9B – Insertion of new section 28 - NIL NIL Power to exempt- If the Government are satisfied that any Local Library Authority is not in a position to repay the amounts referred to in section 9-B, the Government may, by order, exempt whether prospectively or retrospectively and subject to such conditions, if any, as may be specified in the order, such Local Library Authority from the repayment or whole or part of such amounts referred to in that section. The Tamil Nadu Public Libraries (Amendment Act, 2001 (Act No.5 of 2001) 9C – Insertion of new section 4 13(3) The Government shall contribute to the Library Fund maintained by every Local Library Authority other then the Local Library Authority for the City of Chennai, a sum not less than the cess collected under section 12, sub-section (2). NIL The Tamil Nadu Public Libraries (Amendment Act, 2001 (Act No.5 of 2001) Section 13(3) or Tamil Nadu Act XXIV of 1948 – omission in full 5 NIL NIL (1) There shall be constituted a fund called the General Fund with a view to assist, on requisition, any financially weaker Local Library Authority as may be declared by the Government, by order, for the purchase of building or for any other purpose as may be prescribed.
(2) Every Local Library Authority shall contribute to the General Fund a sum at such rate not exceeding twenty per cent of the cess collected under sub-section(2) of section 12 as may be prescribed and different Local Library Authorities.
(3) The receipts which, shall be credited to the General Fund shall include-
(a) The Contribution referred to in subsection(2);
(b) all other monies received from such other source as may be prescribed . [
(4) The General Fund shall be operated by the Director in such manner as may be Prescribed. The Tamil Nadu Public Libraries (Amendment Act, 2001 (Act No.5 of 2001) 14A - Insertion of new section 6 NIL NIL The Government may, by notification, alter, amend or add to, the Schedule or omit any or the posts specified in the issue of such notification, the Schedule shall be deemed to be amended accordingly. The Tamil Nadu Public Libraries (Amendment Act, 2001 (Act No.5 of 2001 18A - Insertion of new section 29
7. Nil Nil THE SCHEDULE (See Section 9A) The Tamil Nadu Public Libraries. (Amendment) Act, 2001 (Act No.5 of 2001) Insertion of Schedule to section 9-ASerial No.
(1) Name of the Post
(2)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29. Librarian Grade I Librarian Grade II Librarian Grade III Inspector of Libraries Superintendent Building Supervisor Stock Verification Officer Accountant Assistant Head Clerk Building Maistry Junior Assistant Typist Clerk-cum-Typist Film Operator Driver Binder Plumber Electrician Sergeant Record Clerk Binding Boy Office Assistant Office Assistant-cum- Driver Van Cleaner Lift Operator Watchmen Sweeper Scavenger Notwithstanding anything contained in any law for the time being in force, all things done or actions taken by any officer or authority, on or after the 1st day of – April 1982 and before the date of the publication of this Act in the Tamil Nadu Government Gazette, which are in conformity with the provisions or the principal Act as amended by this Act, shall, for all purposes, be deemed to be, and to have always been, validly done or taken in accordance with law as if the principal Act, as amended by this Act, had been in force at all material times when such things or actions were done or taken. Public Libriaries Act 1948 and Rules