Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MAHARASHTRA LIBRARIES (LIBRARIES OF RESEARCH AND LITERARY INSTITUTIONS RECOGNITION FOR GRANT IN AID) RULES, 1974 CONTENTS CHAPTER 1 :- Preliminary 1. Short title. 2. Definitions. CHAPTER 2 :- Recognition of the library of a Research Institution and Literary Institution 3. Application for Recognition 4. Conditions for Recognition. 5. Power to grant Recognition 6. Certificate of Recognition 7. Refusal of Recognition 8. Withdrawal of Recognition 9. Maintenance of register CHAPTER 3 :- Privileges of Recognised Library Maintenance, grant and ad-hoc grant 10. Benefits of recognitions. 11. Maintenance grant. 12. Ad hoc grant CHAPTER 4 :- Privileges of recognised libraries- Maintenance, Ad- hoc and incentive grants 13. Inspection. 14. Reports. 15. Breach of rules, orders etc SCHEDULE 1 :- SCHEDULE SCHEDULE 2 :- SCHEDULE SCHEDULE 3 :- SCHEDULE MAHARASHTRA LIBRARIES (LIBRARIES OF RESEARCH AND LITERARY INSTITUTIONS RECOGNITION FOR GRANT IN AID) RULES, 1974 In exercise of the powers conferred by sub-section (1) and clauses (iv), (v) and (vii) of sub-section (2) of section 26 of the Maharashtra Public Libraries Act, 1967 (Mah. XXXIV of 1967), and of all other powers enabling it in that behalf and in consultation with the State Library Council under section 12 of the said Act, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section 26, namely:- CHAPTER 1 Preliminary 1. Short title. :- These rules may be called the Maharashtra Libraries (Libraries of Research and Literary Institutions Recognition For Grant In Aid) Rules, 1974 . 2. Definitions. :- In these rules, unless the context otherwise requires- (a) "Act" means the Maharashtra Public Libraries Act, 1967 ; (b) "admissible expenditure" means an expenditure incurred on all or any of the items specified in Schedule II appended to these rules; (c) "certificate of recognition" means a certificate granted to the public library by the Director under Rule 6; (d) "Library" means a Library of Literary Institution or of Research Institution; (e) "literary institution" means an institution dedicated for fostering, propagating and developing Marathi language and literature duly recognised by Government of Maharashtra and which is registered under the Societies Registration Act, 1860, or the Bombay Public Trusts Act, 1950 ; (f) "management" in relation to a library means the managing committee of a Library; (g) "literary institution" means an institution dedicated for fostering of a library in accordance with the rules of that Library; (h) "research institution" means an institution dedicated to research work through Marathi medium and recognised by Government of Maharashtra and which is registered under the Societies Registration Act, 1860, or the Bombay Public Trusts Act, 1950 ; (i) "Schedule" means a Schedule appended to these rules; (j) Words and expressions not defined in these rules shall have the same meanings respectively assigned to them in the Act. CHAPTER 2 Recognition of the library of a Research Institution and Literary Institution 3. Application for Recognition :- The Secretary or any persons authorised [in writing] in that behalf by the Management of the Library may make an application in form "A" in Schedule I addressed to the Director for recognition of the Library under these rules. 4. Conditions for Recognition. :- No such Library shall be recognised unless- (i) it is run as an independent library by a Research Institution or Literary Institution; (ii) the Institution should be located in the Maharashtra State and be duly recognised by the Government of Maharashtra; (iii) there is a separate committee to look after the Library; (iv) The management keeps the Library open free of charge to the public of the locality during its working hours for use on the premises, without any discrimination on the ground of religion, race, caste, creed, sex, place of birth or descent; (v) The premises of the Library is sufficiently healthy, well-lighted, ventilated and contains sufficient accommodation, furniture and equipment for use as a Public Library and has satisfactory sanitary arrangements; (vi) the Director is satisfied that the Library serves the purpose for which it is meant; (vii) the library is kept open for not less than 3 hours on all working days; (viii) the management of the library maintains separate account of the income and expenditure of the Library. 5. Power to grant Recognition :- Within a period of three months from the date of the receipt of an application under Rule 3, the Director shall cause the Library to be inspected either by himself or by an officer authorised 1[in writing] by him and make such other inquiries as he deems necessary, and shall on the fulfillment of the conditions specified in Rule 4, recognise the Library. 6. Certificate of Recognition :- O n the recognition of the Library the Director shall grant to the management a certificate of recognition in form "B" in Schedule I appended to these rules and require the management to observe the conditions specified in the certificate. 7. Refusal of Recognition :- If the recognition applied for is refused, a copy of the order shall be sent [immediately] by registered post to the management stating the reasons for which the re-cognition is refused: Provided that the management may within thirty days from the date of receipt of the Order submit an appeal to the State Government whose decision shall be final. Any appeal received after the period of thirty days shall not be entertained unless management shows good and sufficient cause for not submitting the appeal in time: Provided further that, nothing in these rules shall be deemed to prevent the management from making a fresh application for recognition under these rules. 8. Withdrawal of Recognition :- I f the Director is satisfied that the management of a Library has committed breach of any condition of recognition under Rule 4 or has failed to observe any of the conditions specified in the Certificate of Recognition, he may for reasons to be recorded in writing and after giving the management an opportunity of being heard, withdraw the recognition for which order shall be communicated to the management by registered post and the Certificate of Recognition granted to the management in respect of such Public Library shall be deemed to be cancelled: Provided that the management may within thirty days from the date of receipt of the Order submit an appeal to the State Government whose decision shall be final. Any appeal received after the period of thirty days shall not be entertained unless management shows good and sufficient cause for not submitting the appeal in time: Provided further that, nothing in these rules shall be deemed to prevent the management from making a fresh application for recognition under these rules. 9. Maintenance of register :- The Director shall maintain a register of all such libraries in form "C" in Schedule III appended to these rules and keep it up to date. CHAPTER 3 Privileges of Recognised Library Maintenance, grant and ad-hoc grant 10. Benefits of recognitions. :- A recognised library [shall] be eligible for the following benefits- (1) An annual maintenance grant in accordance with the provisions in Rule 11; (2) Receipt of books from Government in lieu of or in addition to the annual maintenance grant. 11. Maintenance grant. :- The State Government may, subject to the availability of funds grant a recognised library from the Library Fund a maintenance grant in one installment at the rate of seventy five per cent of the admissible expenditure of the previous year but not exceeding the maximum grant of Rs.2,500. 12. Ad hoc grant :- The State Government may, grant a recognised library from the Library Fund an ad hoc grant in one installment, subject to a min grant of Rs. 500 in the first year of its recognition.] CHAPTER 4 Privileges of recognised libraries- Maintenance, Ad-hoc and incentive grants 13. Inspection. :- It shall be the responsibility of the Management to produce such record of the Library as may be required by the Inspecting Officer for the purpose of inspection. 14. Reports. :- The inspecting officer shall send a copy of his inspection report to the management of the Library. When the inspection of a Library is made by person authorised by the Director in this behalf, inspecting officer shall send a copy of the report to the Director. 15. Breach of rules, orders etc :- (1) Any breach of the rules, orders or instructions of the Director issued in pursuance of the Act and these rules shall entail withholding of grants in full or in part or reduction in the grant payable to the association or withdrawal of recognition by the Director: Provided that, no order of withholding or reducing grant or canceling recognition shall be made by the Director unless the public library association is informed in writing of the reasons for the proposed action and is given sufficient opportunity to defend itself: Provided further that, the Director may instead allow the Library time to rectify the defects and to improve its working instead of taking action as provided above. (2) The management aggrieved by an order of the Director, may within thirty days from the date of receipt of the Order, submit an appeal to the State Government whose decision shall be final. Any appeal received after the period of thirty days shall not be entertained unless management shows good and sufficient cause for not submitting the appeal in time. SCHEDULE 1 SCHEDULE SCHEDULE 2 SCHEDULE (See rule 2(b) SCHEDULE II (See rule 2(b) Items of admissible expenditure for assessment of grants- (i) Expenditure on purchase of books excluding the commission. (ii) Expenditure on subscription of magazines, periodicals and newspapers. (iii) Expenditure on binding. (iv) Expenditure on furniture. (v) Petty expenditure connected with the library work e.g. expenditure incurred on taxi or bus fare for work in connection with the library, telephone charges postage, etc. SCHEDULE 3 SCHEDULE