GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT No. XXXIV OF 1967.

  THE MAHARASHTRA PUBLIC LIBRARIES
ACT,  1967.

(As modified upto the 15th January  2013)

*

 PRINTED IN INDIA BY THE MANAGER, GOVERNMENT  PRESS AND BOOK DEPOT,
NAGPUR AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY
AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004.

2013

[Price—Rs. 4.00  ]

1967: Mah. XXXIV]

(i)

THE MAHARASHTRA  PUBLIC LIBRARIES ACT, 1967.
CONTENTS

PREAMBLE.

SECTIONS.

—————

CHAPTER  I

PRELIMINARY

1.

 Short title, extent and commencement.

2. Definitions.

CHAPTER  II

STATE  LIBRARY COUNCIL

3. Constitution of State Library Council.

4. Function of Council.

5. Term of office of and allowances to members of Council.

6. Casual vacancies in Council.

7. Meetings of Council.

CHAPTER  III

DEPARTMENT OF LIBRARIES

8. Department of Libraries.

9. Functions of Director.

10. State Library Service.

CHAPTER  IV

PUBLIC  LIBRARIES

11. Establishment and maintenance of public libraries.

12. Functions of Public libraries.

CHAPTER  V

 LIBRARY  COMMITTEES

13. Constitution of  Library Committees.

14. Term of office of, and allowances to members of Committees.

15. Casual vacancies in Committee.

16. Functions of Committee.

17. Manner of transaction of business by Committee.

(ii)

 Maharashtra Public Libraries Act, 1967

 [1967 : Mah. XXXIV

CHAPTER   VI

 FINANCE  AND  ACCOUNTS

18. Library Fund.

19. Application of Library Fund.

20. Contribution by State Government.

21. Special grants by State Government.

22. Vesting of properties held for purpose of Government Public Libraries.

CHAPTER  VII

 REPORTS   AND   INSPECTION

23. Reports and returns.

24. Inspections of  public libraries.

25. Submission of annual report by Director.

26. Rules.

SCHEDULE.

CHAPTER VIII

 MISCELLANEOUS

———————

MAHARASHTRA   ACT  No. XXXIV  OF  19671

1

[THE MAHARASHTRA PUBLIC LIBRARIES ACT, 1967]

[20th December 1967]

Amended by  Mah. 11 of 1998.

 ,,

,,

  Mah. 27 of   2005.

An Act to  provide for the establishment, maintenance, organisation and development of
public libraries in the State of Maharashtra.

WHEREAS,  it  is  expedient  to  provide  for  the  establishment,  maintenance,
organisation  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 :—

CHAPTER  I

PRELIMINARY

(1) This Act may be called the Maharashtra Public Libraries Act, 1967.

1.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date2 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.

2.

In this Act, unless the context otherwise requires,—

(i) “book” includes every volume, part or division of a volume and pamphlet in any
language,  and  every  sheet  of  music,  map,  chart  or  plan  separately  printed  or
lithographed, newspapers, periodicals, paintings, films, slides, discs or tapes used for
audio-visual information and such other materials ;

(ii) “Committee” means a Library Committee appointed under section 13 ;
(iii) “compensatory allowance” means the travelling allowance, the daily allowance
or  such  other  allowance  which  is  paid  to  the  members  of  the  Council  or  Committee
for  the  purpose  of  meeting  the  personal  expenditure  incurred  by  them  in  attending
the  meetings  of  such  Council  or  Committee  or  in  performing  any  other  functions  as
such members for the purposes of this Act ;

(iv) “Council” means the State Library Council constituted under section 3 ;
(v) “Director” means the Director of Libraries appointed under section 8 ;
(vi) “district” means a revenue district ;
3[(vii) “Division” means a revenue division specified under clause (i) of sub-section

(1) of section 4 of the Maharashtra Land Revenue Code, 1966 ;]

(viii) “municipal  corporation”  means  a  municipal  corporation  constituted  under
the  4[Mumbai]  Municipal  Corporation  Act  or  the  *Bombay  Provincial  Municipal
Corporations Act, 1949 or the † City of Nagpur Corporation Act, 1948 ;

Short  title,
extent  and
commence-
ment.

Definitions.

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,  1967,  Part V,  Extra,   Page 144.
2 1st day of May 1968 (in the whole State)-(vide G. N., E. & S. W. D., No. LIB-2567-A, dated 27th April 1968).
3 Clause  (vii)  was  substituted  by  Mah.  11  of  1998,  s.  2  (a).
4 This  word  was  substituted  for  the  word  “Bombay”,  ibid,  s.  2  (b).
* The  short  title  of  this Act  was  amended  as  “the  Maharashtra  Municipal  Corporation Act”  by  Mah.  23

of  2012,  s.  4.

† This  Act  was  repealed,  ibid,  s.  7.

Mah.
XLI
of
1966.
Bom.
III  of
1888.
Bom.
LIX  of
1949.
C.  P.
&
Berar
II  of
1950.

2

 Maharashtra Public Libraries Act, 1967

 [1967 : Mah. XXXIV

2[(ix) “Municipal Council” means a Municipal Council constituted or deemed to be
constituted  under  the  Maharashtra  Municipal  Councils,  Nagar  Punchayats  and
Industrial Townships Act, 1965 ;]

Mah.
XL
of
1965.

(x) “prescribed” means prescribed by rules made under this Act ;

(xi) “public library” means,—

(a) a library established and maintained by the State Government for the use of the

public ;

(b) a library recognised by the Director for the purposes of grant-in-aid from the

Library Fund; and

(c) any  other  library  which  the  State  Government  by  notification  in  the

Official Gazette declares to be a public library for the purposes of this Act;

(xii) “year ” means the financial year.

CHAPTER II

STATE LIBRARY COUNCIL

Constitution
of  State
Library
Council.

3.

(1) As soon as may be, after the commencement of this Act, the State Government
shall, by notification in the Official Gazette, constitute for the purposes of this Act a Council
to be called the State Library Council.

(2) The  Council shall consist of the following  members, that is to say,–

(i) the Minister for  2[Higher and  Technical Education,] who  shall be ex-officio

President of the Council;

(ii) the 3[Minister of  State for Higher and  Technical Education,] who  shall be

ex-officio  Vice-President of the Council;

4 [(iii) the Principal Secretary or Secretary to the Government of Maharashtra,

Higher and Technical Education Department ;]

(iv) the Charity Commissioner or his  nominee not below the rank  of Assistant

Charity Commissioner;

(v) 5[ the Director of Higher  Education,] Maharashtra State for the time being in

office;

6 [(vi) two members of the Maharashtra Legislative Assembly nominated by the

Speaker of the Maharashtra Legislative Assembly;

(vii) one  member  of  the  Maharashtra  Legislative  Council  nominated  by  the

Chairman of the Maharashtra Legislative Council;]

(viii) one person nominated by the State Government to represent Municipal

Corporations functioning in the State of Maharashtra;

(ix) one person nominated by the State Government to represent  7[Municipal

Councils] functioning in each of the Divisions;

1. This  clause  was  substituted  by  Mah.  11  of  1998,  s.  2  (c).
2. These  words  were  substituted  for  the  words  “the  Minister  for  Education  of  the  State,’’  ibid.,  s.  3(a).
3. These  words  were  substituted  for  the  words  “the  Deputy  Minister  for  Education  of  the  State,’’ibid.,  s.  3(b).
4. This  clause  was  substituted,  ibid.,  s.  3(c).
5. These  words  were  substituted  for  the  words  “the  Director  of  Education,’’  ibid.,  s.  3  (d).
6. These  clauses    were  substituted  by  Mah.  27  of  2005.
7. These  words  were  substituted  for  the  word  “  Municipalities’’  by  Mah.11  of  1998,  s.3  (e).

1967 : Mah. XXXIV ]

Maharashtra Public Libraries Act, 1967                                                                         3

(x) one member from each Division nominated by the State  Government to

represent the Zilla Parishads functioning in that Division;

(xi) the President of the body known as the Maharashtra Rajya Granthalaya

Sangha;

(xii) one  member  nominated  by  the  said  Maharashtra  Rajya  Granthalaya

Sangha from each Division to represent that Division;

(xiii) the Chairman of the body known as the Sahitya Mahamandal, a Society

registered under the *Bombay Public Trusts Act, 1950;

(xiv) four members nominated by the State Government from amongst persons
who, in its opinion, have special knowledge or interest or practical experience in mat-
ters connected with library service;

(xv) the Director of  Libraries who shall also be the Secretary of the Council.

Bom.
XXIX
of
1950.

(3) A person so elected under paragraphs (vi) and (vii) of sub-section (2) shall cease
to be a member of the Council if he cease to be a member of the Maharashtra Legislative
Assembly or the Maharshtra Legislative Council.

4.

It shall be the function of the Council to advise the State Government on all matters

connected with the administration of this Act.

5.

(1) Save as otherwise provided in this Act, at the members of the Council, not being
members ex-officio, shall hold office for a term of three years commencing on the date
on which the first meeting of the Council is held after the nomination of the members under
sub-section (2) of section 3.

(2) The members of the Council shall be entitled to such compensatory allowances and

at such rates as may be prescribed.

6. A vacancy in the office of a 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 for the remain-
der of the term for which the member whose place he takes was nominated or elected.

Function  of
Council.

Term  of
office  of,
and
allowances
to  members
of  Council.

Casual
vacancies
in  Council.

7.

(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.

Meetings  of
Council.

(2) The President of the Council may, whenever he thinks fit, and shall, upon the written
request of not less than one-third of the total number of members of the Council, and on a
date not later than thirty days after the receipt of such request, call a special meeting of the
Council.

(3) One-third of the total number of members of the Council shall form the quorum.
(4) The Council shall transact business in such manner and in accordance with such

procedure as may be prescribed.

CHAPTER III.
DEPARTMENT OF LIBRARIES.

8.

(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.

Depart-
ment  of
Libraries.

(2) The  State  Government  shall  appoint  a  whole-time  officer  having  the  prescribed

qualifications to be the Director of Libraries.

* The  short  title  of  the  Act  was  amended  as  “the  Maharashtra  Public  Trust Act”  by  Mah.  24  of  2012
entry  43,  w.e.f.  1-5-1960.

4

Functions
of  Director.

State  Library
Service.

 Maharashtra Public Libraries Act, 1967

 [1967 : Mah. XXXIV

9.

(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, organisation and development of

public libraries and  public library system;

(b) superintend and  direct all matters relating to public libraries;
(c) promote the establishment of public 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 its proper utilisation;
(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;

(h) collect and  preserve old and rare books, periodicals, manuscripts and other docu-

ments of educative value in  public libraries;

(i) organise  programme    for  training  candidates  in  library  science  and  conduct

examinations for the candidates of recognised library training courses; and

(j) exercise such other powers and perform such other duties as may be conferred or

imposed on him by rules made under this Act.
10.

(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 service 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.

CHAPTER IV.
PUBLIC  LIBRARIES.

Establish-
ment  and
maintenance
of  public
libraries.

11.

(1) The State  Government may establish a State Central Library for the whole of

the State, and a Divisional Library for every Division.

(2) Where in any local area, provision for library service to the public is not made to the
satisfaction  of  the  Director  by  any  local  authority,  or  any  society  registered  under  the
Societies Registration Act, 1860 or any trust registered under the * Bombay Public Trusts
Act, 1950 or where the State Government is of the opinion that any such local authority,
society or trust is not willing or is incompetent to provide library service to the public to the
satisfaction of the Director in any local area, the State Government may establish a library for
the use of the public in that area:

Provided that, no such library shall be established without giving an opportunity to the
local  authority,  society  or,  as  the  case  may  be,  the  trust  to  show  cause  why  the    State
Government should not establish a library in the said local area.

XXI
of
1860.
Bom.
XXIX
of
1950.

* The  short  title  of  the Act  was  amended  as  “the  Maharashtra  Public Trust Act”  by  Mah.  24  of  2012,  Sch.,
entry  43,  w.e.f.  1-5-1960.

1967 : Mah. XXXIV ]

Maharashtra Public Libraries Act, 1967                                                                        5

Funactions
of  public
libraries.

Constitution
of  Library
Committees.

(3) All  libraries  established  under  this    section  shall    be  maintained,  organised  and

developed by the State Government through the Department of Libraries.

12. The functions of the public libraries shall be such as may, on the advice of the

Council, be prescribed.

CHAPTER V.

LIBRARY  COMMITTEES.

13.
Committee.

(1) For  every  district,  the  State  Government  shall  appoint  a  District  Library

(2) The Committee shall consist of the following members, that is to say,––

(i) 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;

(ii) the President of the District Library Association of the district (if any);

(iii) one of the Chairman of the Managing  Committees of recognised public libraries

functioning in each taluka of the district nominated by the State Government;

(iv) five persons nominated by the State Government, one of whom shall be a librarian
possessing the prescribed qualifications and two shall be persons representing libraries
in the areas within the limits of a 1[Municipal Council] or municipal corporation in the
district;

(v) one of the Presidents of the municipalities in the district nominated by the State

Government;

(vi) 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.

(3) The  State  Government  shall  appoint  a  Library  Committee  for  2[Brihan  Mumbai]

consisting of ––

(i) the Chairman for the time being of the  Education Committee of the municipal
corporation of   2[Brihan Mumbai] who shall be the ex-officio President of the Committee;

(ii) five persons nominated by the State Government one of whom shall be a librarian
possessing the prescribed qualifications and two shall be persons representing libraries
in 2[Brihan Mumbai];

(iii) Education  Officer  for  the  time  being  of  the  municipal  corporation  of

2[Brihan Mumbai];

(iv) Educational  Inspector,  2[Brihan  Mumbai],  who  shall  also  be  the  ex-officio

Secretary of the Committee.

14.

(1) Save  as  otherwise  provided  in  this  Act,  the  nominated  members  of  the
Committee shall hold office for a term of three years commencing on the date on which the
first meeting of the Committee is held after their nomination.

(2) The members of the Committee shall entitled to such compensatory allowances and

Term  of
office
and  allow-
ances 
to,
members  of
Committee.

at such rates as may be presribed.

1. These  words  were  substituted  for  the  word  “  Municipality  ”  by  Mah.  11  of  1998,  s.  4(a).
2. These  words  were  substituted  for  the  words  “  Greater  Bombay”,  ibid,    s.  4(b).

6

Casual
vacancies  in
Committee.

Functions  of
Committee.

Manner  of
transaction
of  business
by
Committee.

Library
Fund.

 Maharashtra Public Libraries Act, 1967

 [1967 : Mah. XXXIV

15. A vacancy in the office of a nominated member of the Committee occurring other-
wise than by efflux of time shall be filled by nomination and  the person nominated to fill the
vacancy shall hold office only for the remainder of the term for which the member whose
place he takes was nominated.

16.

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, 1[Brihan Mumbai] on proper lines;

(ii) to ensure that the prescribed function of the public libraries are performed by

them satisfactorily; and

(iii) to perform such other duties as may be prescribed.

17. The Committee shall transact business in such manner, and in accordance with such

procedure, as may be prescribed.

CHAPTER    VI.

FINANCE and ACCOUNTS

18.

(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 State Government for develop-

ment of public libraries; and

Application
of  Library
Fund.

(d) any contributions or gifts made by the public for devlopment of public libraries.

19.

(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 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  recognised  for  the

purpose by the Director of Libraries.

Contribution
by  State
Government.

20. 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.

21. The State Government may make special grants to the Library Fund.

1. These  words  were  substituted  for  the  words  “  Greater  Bombay  ”,  by  Mah.  11  of  1998,  s.  5.

1967 : Mah. XXXIV ]

Maharashtra Public Libraries Act, 1967                                                                       7

22. 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.

Vesting  of
properties
held  for
purpose  of
Government
public
libraries.

CHAPTER VII.

REPORTS AND INSPECTION.

23. Every person who is in charge 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
require, to the Director or any person authorised by him in this behalf.

Reports  and
returns.

24. 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.

Inspection
of  public
libraries.

25. 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  :

Submission
of  annual
report  by
Director.

Provided that, no such report shall be submitted to the State Government unless it is

approved by the Council.

CHAPTER VIII.

MISCELLANEOUS.

26.

(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.

Rules.

(2) In particular, and  without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely :—

(i) under sub-section (2) of section 5 and sub-section (2) of section 14, the compen-
satory allowances payable to members of the Council and of the Committees 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
procedure in accordance with which the Council and a Committee shall transact their
business;

(iii) under  sub-section  (2)  of  section  8,  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  (i)  of  sub-section  (2)  of  section  9,  the  other  powers  and  duties

which the Director may exercise or perform;

8

 Maharashtra Public Libraries Act, 1967

 [1967 : Mah. XXXIV

(vi) under sub-section (2) of section 10, the requirement and conditions 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,  from  the  date  of
publication of such notification, 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 or omitted to be done under that rule.

1[ *

* * ]

1. Schedule  was  deleted  by  Mah.  11  of  1998,  s.  6.

PRENTED AT THE GOVERNMENT PRESS, NAGPUR.

Maharashtra Government Publications can
be obtained from—

                   ♦ THE DIRECTOR

GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS
Maharashtra State Netaji Subhash Road,
MUMBAI 400 004.
Phone : 2363 26 93,
2363 1148,

2363 4049.

2363 06 95

                   ♦ THE MANAGER

GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G. P. O.
PUNE 411 001.
Phone : 261 25 808,

261 28 920

♦ THE MANAGER

GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 252 26 15.

♦ THE ASSTT. DIRECTOR

GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 233 14 68

♦ THE MANAGER

GOVERNMENT PRESS AND STATIONERY, STORE
Tarabai Park,
KOLHAPUR 416 003,
Phone : 265 03 95,

265 04 02

AND THE RECOGNISED BOOK SELLERS.

