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Thursday, September 20, 2012

Andhra Pradesh Public Libraries Act-1960 Amendments up to 1980.


THE ANDHARA PRADESH PUBLIC LIBRARIES ACT, 1960

ANDHRA PRADESH ACT, No, VIII OF 1960.

(Received the assent of the Governor on the 18th February,1960 and first published in the Andhra Pradesh Gazette, dated the 25th February,1960

     An Act to consolidate and amend the Laws relating to the establishment and maintenance of Public Libraries in the State of Andhra Pradesh and matters connected therewith.

NOTE:-     The preamble is not very precise and explicit in explaining the reasons and motives of the Act.  The purpose of the Act is explained as establishment and maintenance of Public Libraries.  The establishment and maintenance of Public Libraries is only a means to an end, but not the end itself.  A Library has to serve several purposes:-

1.     To provide full facilities for literacy campaigns and continuing life-long education according to the need and the convenience of the reader;

 

2.     To strengthen the forces of socialism, secularism and democracy,

 

3.     To contribute for the economic and social advancement of the people;

 

4.     To preserve the Culture of our country;

 

5.     To provide to one and all a harmless and elevating use of leisure;

 

6.     To provide up-to-date facts and information on all subjects, to one and all, as a help in the discharges of their political function in respect of local, national and international affairs;

 

7.     To provide up-to-date pin pointed information to research scholars and technicians.

 

8.     It should preserve the literary remains of humanity for posterity, as vehicles of culture, and source materials for antiquarian research; and in general.

 

9.     It should work for continued social well-being as the agency in charge of all socialized recorded thought.

 

    Thus a library has educational, informational, political, economic, industrial, cultural, and antiquarian functions.

     Hence the present preamble may be amended suitably by including in a netshell the most essential objectives of the libraries, as mentioned in some of the Acts of the foreign countries.

   Be it enacted by   the Legislature  of the state of Andhra Pradesh in the eleventh year  of the Republic of India as follows:

 

 

 

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                                        CHAPTER-1

                          PRELIMINARY

Short title, extent and commencement:

      (1)  This Act may be called the Andhra Pradesh public libraries Act, 1960.

(2)   It extends to  the whole of the state of Andhra Pradesh.

(3)  It shall come force on such date as the government may, by notification, appoint.

Definitions:  2.  In this Act, unless, the context otherwise requires:

(1)   ‘Aided library’  means a library declared by the Director to be eligible for aid either from the government or from the library Fund in accordance with the rules made under this act;

 

(2)   committee’  means the State Library Committee  constituted under section 3;

 

(3)   director’ means the Director of Public Libraries appointed under section 8;

(4)   ‘district’ means a revenue district;

 

(5)   ‘government’  means the State Government;

 

(6)   ‘library cess’  means the cess levied under sub-section (1) of section 20;

 

(7)   ‘notification’  means a notification published in the ANDHRA PRADESH GAZETTE;

 

(8)   ‘prescribed’  means prescribed by rules made under this Act;

 

(9)   ‘public library’ means:-

 

 

(a)    a library established or maintained by a # Zilla Grandhalaya Samstha, including the branches and delivery stations of such a library;

2 Act came into force on 1st April, 1960

# Substituted by the Andhra Pradesh Public Libraries Act No. 7 of 1969.  The expression ‘Local Library Authority’ and the ‘Local Library Authorities’ in entire Act were substituted by ‘Zilla Grandhalaya Samastha’ and Zilla Grandhalaya Samasthas’ by Section 2 of the Andhra Pradesh Public Libraries (Amendment) Act 7 of 1969.

 

 

                                                                        

 

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(b)   a library established or maintained by the Government and declared open to the public;

(c)   a library established or maintained by any local body or co-operative society and declared open to the public;

(d)   a library declared to be eligible for aid and receiving aid from the Government or from the Library Fund; and includes, any other library notified by the Government as a public library for the purposes of this Act.

NOTE:-     The Zilla Grandhalaya Samsthas are opening village libraries.  The village libraries may also be included in the above definition.  As a matter of fact the word delivery stations used in the above definition is not actually in usuage, and wherever it is to be used the word “Book Deposit Center” is used at all levels.  Hence to avoid confusion it is suggested that the word ‘delivery station’ may be substituted by ‘Book Deposit Center’.

(10) ‘State’ means the State of Andhra Pradesh;

(11) ‘State’ Central Library’ means a library established by the Government as the State Central Library;

NOTE:-   The function of the State Central Library have not been mentioned in the Act.  It is necessary to include a chapter mentioning clearly the functions of the State Central Library , the Regional Libraries, their position and relationship with other libraries in the Act.

(12) ‘State Regional Library’ means a library established by the Government as a State Regional Library;

NOTE:-  By the time of enforcement of the Andhra Pradesh Public Library Act 1960, there was only one State Regional Library at Guntur. Originally this library was started at Visakhapatnam and shifted to Guntur. After the formation of Andhra Pradesh State, the ‘Asifia Library’, is treated as State Central Library’, and the library at Guntur is called as “State Regional Library”,  Afterwards during the third and fourth five year plan periods Regional Libraries have been established at Visakhapatnam Tirupathi, Warangal and Nizamabad.  These libraries are called as ‘Regional Libraries’, It is therefore desirable to follow a common name for all the Regional Libraries i.e. ‘State Regional Library’ or Regional Library’.

(13) ‘year’ means the financial year.

NOTE:-   It will be observed from the above definitions in the Act, it is finitely more comprehensive and there is much improvement over some of the definitions of the Madras Public Libraries Act.  At the same time certain definitions are too obvious and should not have beed included e.g. section 2 (6) and Section 2 (7) as these two are  obvious to be defined.

                                              CHAPTER   II

                        THE STATE LIBRARY COMMITTEE

Constitution and Composition of the State Library Committee and its functions:    3   (1)  As soon as may be, after the commencement of this Act, the government shell, by notification, constitute for the purposes of this Act a committee to be called the State Library Committee.

NOTE:-   The Madras and Andhra Pradesh Acts provide for a State Library Committee instead of a Sate Library Authority as provided in the Model Bill of the Government of India.  The Karnataka Act also constitutes the States Library Authority without charging the Minster with the statutory duty of over reviewing and administering the library service in the State. The

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Kerala draft Bill proposes to establish a library Authority which shall be a body corporate with supervisory powers and executive functions.  Maharashtra State has State Library Council                                                               

headed by the Ministry of Education which is purely an advisory body.  The State Library Committee of Andhra Pradesh is purely an advisory body.  It is not binding on the Government to implement its recommendations.  As this committee shell be a Central Authority for carrying out the provisions of the Act, it is necessary to entrust the committee with certain statutory powers and functions.  This question has been dealt with from all aspects in the Report of SriGopal Rao Ekbote, Retired Chief justice of Andhra Pradesh. And it will go a long way in the development of library service in the state.

  (2)  *   The Committee shall consist of :-

        (a)   The Minister in-charge of Education, who shall also be the Chairman   

                Of the Committee;

NOTE:-   There is a separate Minister for Libraries at present.  Hence the word ‘Education’ may be substituted by ‘Libraries’.

        (b)   The Secretary to Government in the Education Department;

        (c)   The Secretary to Government in the Health Housing and Municipal

NOTE:-  There Words ‘Health, Housing’ and ,may be deleted as this Department has been separated from Municipal Administration.

(e)   The Director of Public Libraries, who shall also be the Secretary to the Committee;

(f)    The Director of Public Instruction;

*Substituted by Andhra Pradesh Act No. 7 of 1969.

 

  

NOTE:-  There is no such post as at present.  The Directorate of Public Instruction is separated as Director of Higher Educations, and Director of School Education.  Besides a seperate Director for Adult Education has also been appointed.  The sub-section has therefore to be amended suitably after deciding the question of giving representation toall the there Directors, or to one or two as the case may be.

(g)    The Director of Municipal Administration;

(h)    The Librarian, State Central Library, Hyderabad;

(i)     Six members of the State Legislature, four to be elected from among themselves by the Members of the Legislative Assembly and two to be elected from among themselves by the Members of the Legislative  council;

(j)    Three person nominated by the Syndicate of each of the Universities in the State;

(k)   Three persons nominated by the Andhra Pradesh library Association;

NOTE:-  As the Government is now recognizing other library associations it is fitting that representation may be given to them also.  The words in the sub-section ‘three persons nominated by the Andhra Pradesh library Association’ may be amended suitably by giving representation to other recognized library Associations in the State.

(l)     Eight persons nominated by the Government as follows:-                                         (i)   One from among the members of the Hyderabad City Grandhalaya Samstha:                                    

 

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(ii)           One from among the members of the Zilla Grandhalaya Samsthas in each University Area in the State.

NOTE:-  Nagarjunasagar University, Hyderabad Central University and kakatiya University have been established and representation has to be given to them also.  Besides it is desirable to give representation to Technical Universities also i.e. A.P.Agricultural University Jawaharlal Nehru Technological University.

(i)            One person who had rendered outstanding service to the cause of libraries;

(ii)           One person with special Knowledge of matters relating to the Public libraries in the State;

(iii)          Two district central librarians.

3.  The committee shell advice the Government on all matters arising under this Act and shall exercise and perform such other powers and duties as may be prescribed.

NOTE:-  The functions of the committee are to advise Government on all matters arising under this Act and exercise and perform such other powers and duties as may be prescribed.  In case if the executive ignores the Committee on matters arising under the Act; it would be open to members to raise issues at the meeting at their own initiative and to question the Executive if thought fit as to why the matters were not referred to the committee.  But in actual practice such contingency has not so far been arised.

Term of office of certain members of the committee:- *  4.  Every member of the committee, other than an ex-officio member, shall hold office for a period of five years from the date of his nomination or election, as the case may be;

            Provided that the term of a member nominated or elected shall come to an end soon as he ceases to represent the body from which he was nominated or elected

           Provided further that a member who is holding office at the commencement of the Andhra Pradesh Public Libraries (Amendment) Act, 1969 shall continue to hold office for a period of five-years from the date on which he was nominated, elected or co-opted as the case may be.

Filling up of casual vacancies of certain members of the committee:- ** 5. Any vacancy occurring in the office of a nominated or elected member of the committee before the expiration of his term shall be filled by nomination or election as the case may be, of another person in the manner provided in section 3 and the person so nominated or elected shall hold office for the residue of the term of his predecessor.

Meeting of the committee:- 6. The committee shall meet at such times and places and shall observe such rules of procedure at its meeting as may be prescribed.

NOTE:-  The Committee generally meets once or twice in a year at Hyderabad.  The rules of procedure for such meetings are prescribed in Andhra Pradesh Public Libraries Rules 1961.

Act of State Library Committee not be invalidated by informality, etc.,     No Act of a State Library Committee shall be deemed to be a invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, that Committee.

*Substituted by Andhra Pradesh Act No. 7 of 1969.

**Substituted by Andhra Pradesh Act No.7 of 1969.

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                                                 CHAPTER – III

                           DEPARTMENT OF PUBLIC LIBRARIES

Constitution of the Department of Public Libraries and appointment of the Director thereof and his duties:-   8.  For the purposes of this Act, the Government shall constitute a separate Department of Public Libraries and appoint a (a) Director for that Department.  The Director so appointed shall, subject to the control, of the Government:-

(a)    Supervise the state Central Library and the (b) branches of such library;

NOTE:-      (a) Andhra Pradesh is the first State in our country to have a separate Department of libraries headed by a separate Director.  This is one of the good features of the Andhra Pradesh Public Libraries Act.  When the Andhra Pradesh Public Library Act 1960 was enacted a separate Department of Public Libraries was formed in January 1961 with the Director of Public Instruction as incharge Director of Public Libraries.  Afterwards the wordsin the Act relating to the ‘appointment of Director of Public Instruction as incharge of Director of Public Libraries’ were deleted, and separate Director is functioning from 1967 on words.  The status of the Directorat present is that of Joint director of Education Department.  In  view of the onerous duties, responsibilities, high academic qualifications and administrative experience the status of the Director may be raised to that of the Director in the Education Department.

NOTE:-    (b)  The branches of such library in the above sub-section gives scope for doubt.  The intention of the legislature in including the above words is not clear, as there are no branches of State Library.  The structure of Public Libraries in our State is that of pyramid.  At the apex there is the State Central Library, at the bottom village libraries or delivery station and in between them are Regional libraries, District Central Libraries and branches etc.  the State Central Library has no control or powers over other libraries.  It is functioning as a separate entity with separate budget, staff and duties.  It is not convincing to call other Public Libraries as its branches because it is at the apex.  However some library person and workers are giving this kind of interpretation which may be regarded as far from truth.

(b)     Superintend and direct all matters relating to Public Libraries;

(c)     Declare, in accordance with the rules made under the Act, what libraries are eligible for aid from the Government and supervise and direct all matters relating to such libraries;

(d)      Direct and control the work of all Zillah Grandhalaya Samsthas under     this Act in the manner prescribed;

(e)     Submit to the  Government, through the State Library Committee every year, a report on the working of the libraries under this Act in the preceding year , and the government shall place every such report on the Table of both Houses of the State Legislature within three months from the date of its submission to the Government;

(f)      Submit reports to the committee on the working of libraries, whenever necessary.

(g)      Publish annually a bibliography of all the books published in the State in any language other than English or Sanskrit;

NOTE:-      The preparation of bibliography in Telugu is undertaken by the National Library, Calcutta.  It is published by the Government of Andhra Pradesh.  But due to certain difficulties there is a grate back log and it is not yet completed and printed reguraly.  This has to be completed. The Department of Registrar of Publications is now under the control of Director of Public Libraries.  The Registrar of Publication is expected to publish quarterly a list of books published in the State.  After the Director of Public Libraries become the Registrar of

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Publications. It has been considered that the preparation and publication of quarterly lists by him is a duplication of work and involves unnecessary expenditure as the Department of Public Libraries is publishing the Bibliography in Telugu.  Hence the publication of the lists were stopped.  But the bibliography in Telugu is not printed even after a lapse of some years due to several causes i. e, some times the press due to heavy work cannot under take it.  Besides the editor of the National Bibliography (Telugu) from Calcutta may not be in a position to come and stay for more than 2 months at Hyderabad to help the press in printing inview of his pressing and urgent work at Calcutta.  These difficulties are more inherent in the publication of Bibliography even though expeditious steps are taken to bring it up to-date.  The preparation of Bibliography may be taken up by the Department of libraries with the assistance of the staff of the Registrar of Publications.  If necessary additional staff may be appointed.  All the book printed in state is received in the Registrar’s office.  The cards can be prepared by them and classification number and the procedure to be adopted in writing the cards etc., may be helped by the technical personal of the Directorate, The press may be requested annually to allot a few months for printing the bibliography.  Some ways and means is to be devised to print the bibliography (Telugu)annually so that it may serve the purpose for which it is prepared ; It is good tool to the writers ,publishers ,public and librarians.  Some years back Bibliography of children’s books in Telugu and Urdu were printed.  It is desirable that such works may be under taken by the Department regularly and the bibliographies in other languages expect English and Sanskrit may also be taken up.

(h)     Perform such other duties and exercise such other powers as are imposed or conferred on him by this Act or the rules made there under;

(i)      Arrange for centralized classification, cataloguing, inter-library loan, co-ordinations of book selection, and maintenance of copyright registry;

NOTE:  The centralized  classification and cataloguing system is not in vogue as the proposals of the director were turned down by the government long ago. In the government librarians this work is being attended by the library staff of each library. In the case of District Central Libraries this work and Branch librarians under Zilla Grandhalaya Samasthas this work is expeted to be done at the District Central Library by the Deputy Library by the Deputy librarian assisted by other staff members wherever possible. Much importance has been attached by the Department to the technical matters and it is watching the progress in this direction and giving suitable instructions where ever necessary. The Dewey decimal classification is followed in all public libraries. The Dictionary cataloguing system is in vogue. The Browne system of lending books is followed in the libraries. The inter library loan of books is not  effective and the response is very unsatisfied. The maintenance of copy right registry is not the function of department of Public Libraries even though it is mentioned in the Act. It is attended by the staff created for this purpose by Central Government. The preparation of union catalogue of books is under taken by the Department and it is in process.  It may be completed  as early as possible as it is a monumental work of the Department.

X (J)   Create in accordance with the rules made under this Act, the posts required in the office of a Zilla Grandhalaya Samstha and in the Public libraries established or maintained by the Zilla Grandhalaya Samstha.

 

 

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                                                           CHAPTER- IV

                                  THE ZILLA  GRANHALAYA SAMSTHAS

Constitution an incorporation of Zilla Grandhalaya Samsthas : 9. (1)  For the purposes of organizing and administering public libraries in the state.  There shall be constitute Zilla Grazndhalaya samstha, one for the City of Hyderabad by the name of the Hyderabad City Grandhalaya Samstha; one for the district of Hyderabad excluding the said City by the name of the Hyerabad Zilla  Grandhalaya Samstha and one for each of the other istricts by the name of the the district concerned.

X  Inserted by Andhra Pradesh  Act.  No.  7 of 1969

NOTE:  The revenue district has been selected as the unit of library service with autonomous powers vested in the Zill Grandhlaya Samstha.  All the

districts have civil, revenue and judicial administration, Planning and Development goes on the basis of district as unit, in all Departments.  Our system of establishing one Zill Grandhalaya Samstha for each district is in accordance with the General Pattern.  According to the Mysore Act, One city Library Authority for areas having a population of more than one lakh has to be created, and one district library Authority for each revenue district excluding the area for which a city library Authority for each revenue district excluding the area for which a city library Authority is constituted.  In view of the present financial, cultural and educational backwardness of our country it is enough for the present if there is only one Zill Grandhlaya Samstha for the district.  It is often suggested by library workers that the nomemclature.  “Zillah Grandhalaya Samstha” may be changed as “Zillah Grandhalaya Authority” or by some appropriate term so as to avoid the confusion between the terms ‘Zilla Parishad and Zilla Grandhalaya Samstha’.  Recently Vijayanagram district has been formed and a Zilla Grandhalaya Samstha has to be constituted for that district.  Hyderabad district is now know as Ranga Reddy district.

            2.  Every Zilla Grandhalaya  Samastha shall by the name of the area of which it is constituted, be a body corporate having perpetual succession and common seal with power to acquire: hold and dispose of property, and to enter into contracts and may by the said name sue and be sued.

          3.  It shall be the duty of every Zilla Granhalaya Samastha to provide library service in the area of its jurisdiction.

Composition of Zilla Grandhalaya Samastha  10.  (1)  The Zilla Grandhalaya samastha for the twin cities of Hyderabad and Secunderabad shall consist of the following members, namely:-

(a)    Four members nominated by the Government from among the  x resi-

Dents  x  of the twin cities of the Hyderabad and Secunderabad who have rendered eminent service to the cause of education or public libraries;

(b)   Two members elected from among themselves by the Presidents of the Governing bodies of the Public Libraries other than those referre to in sub-clauses (a) and (b) of clause (9) of Section  2  in the twin cities of Hyderabad and Secuderabad.

(c)   Two members elected by the Councillors  of the Municipal Corporation of Hyderabad.

(d)   Two members nominated by the Andhra Pradesh Library Associations from among the members of the branches of the said association in the cities of Hyderabad and Secunderabad

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NOTE:-  As Government have recognized some library Associations, it is desirable to give representation to them also along with Andhra Pradesh Library Association.

(e)   The Librarian, City Central Library, Hyderabad who shall be the Secretary of Zilla Grandhalaya Samstha.

NOTE:-    The total numbers of members including the Secretary in the City Grandhalaya Samsthas is only 11. This number has to be increased as there is no representation for the Head Master/HeadMistress, Medical and Legal professional personnels.  The number of representatives from aide libraries may also be raise to at least to 8  inview of many aided libraries in the city.

           (2) *  The Zilla Grandhalaya Samstha for each district shall consist of the following members, namely :-

           (a) five members nominated by the Government as follows:-

                (i) One person from among person in the medical profession in the district;

               (ii) One person from among person in the leagal profession in the district;

               (iii) one head-master or head-mistress of a secondary school in the district;

              (iv)  two persons who have rendered eminent service in the field of education or public libraries;

          (b) two members elected from among themselves by the Presidents of the Governing bodies of the Public Libraries, other than those referre to sub-clause (a), (b), and (c) of clause (9) of section 2 in each revenue division in the district.

NOTE:_  There should be at least three aided libraries in a Revenue division to conduct the election of members under this section.  One member shall be the candidate another member shall propose the name and the second member shall second it.  The election shall be conducted by the Secretary, Zilla Grandhalaya  sastha in the manner prescribed in the Rules.

            (c)  one member elected from among themselves by the Sarpanchas of Gram Panchayats  in each taluk in the district;

            (d)  one members elected from among themselves by the Councillors of the Council of every municipality in the district

            (e) two members nominated by the district branch of the Andhra Pradesh Library Association.

NOTE:-  As the Government have recognized more Library Association it is desirable to give representation to them also on the Zilla Grandhalaya Samstha.

(f)    The Librarian, District Central Library, who shall also be the Secretary of Zilla Grandhalaya Samstha.

 

*Substituted by Andhra Pradesh Act. No.  7 of 1969.

 

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NOTE:-  The above method of constitution of ZGS is in the accordance with our democratic system.  The body is autonomous an vested with full powers.  According to the Mysore Public Library Act, the District Collector is the Chairmen.  As a Library is a democratic instution. It is not Congenial to place the officials as Chairman.

            (2)  Every ZGS shall elect one of members to be its Cairman.

Term of office of members of Zilla Grandhalaya samstha 11:-

(1).  Every member of a ZGS not being the librarian of the City Central Library or the Librarian of the Distric Central Library shall hold office for a period of five years from the date of his nomination or election as the case may be;

*  provide that any such member who is holding office at the commencement of the Andhra Pradesh Libraries (Amendment)Act, 1969. Shall continue to hold office for a period of five years from the date on which he was nominated or elected as the case may be;

(2).  A member nominated or elected in his capacity as the holder of a particular office shall if he ceases to be holder of that office, cease to be a member of the ZGS.

*  Disqualifications for being chosen as and for being a member of the ZGS 11-A.  (1).  A person shall be disqualified for being chosen as and for being a member of the ZGS if he:-

            (a).  Is or has been sentenced by a criminal court to imprisonment for aperiod of more      than six months for any offence involving moral delinquency, such sentence not having been reserved or the offence pardoned, and period of five years has not elapsed from the date of the expiration of such sentence;

            Provided that the Government may direct that such sentence shall not operate as a disqualification;

            (b)  is of unsound mind and stands so declared by a competent court;

            (c) is a deaf-mute or is suffering from leprosy;

            (d) applies to be adjudicated as an insolvent or is an undischarged insolvent;

            (e) absent himself from three consecutive meetings without excuse sufficient to the 

                  Opinion of the ZGS to exonerate the absence.

(2)  Where a person ceases to be a member under clause (e) 0f sub-section (1), the secretary, shall at once intimate the fact in writing to such person and report the same to the ZGS at its next meeting.  Where such person applies for restoration of membership of the ZGS on or before the date of its next meeting or with in fifteen days of the receipt by him of such intimation, the ZGS may, at the meeting next the receipt of the application, or suo-moto, restore him as member thereof.

            Provided that a member shall not be so restored more than twice during his term of office.

*Inserted by Andhra Pradesh Act. No. 7 of 1969.

 

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Filling up of casual vacancies of the members of Zilla Grandhalaya Samstha 12:- A Vacancy occurring in the office of a nominated or elected member of a ZGS before the expiration of histerm shell be filled by nomination or election, as the case may be , of another person in the manner provided in section10, and the person so nominated or elected shall hold office for the residue of the term of his predecessor;

Powers and functions of Zilla Grandhalaya Samstha 13 :-  (1) A Library may-

(a)    Provide suitable lands and buildings for Public Libraries and also the furniture, fittings, materials and conveniences requisite therefore;

(b)   Stock libraries with books, periodicals, newspapers,manuscripts,maps,works and specimens of art and science lantern slides, films, cinema projectors, recorders and like;

*Provided that the books that be stock in the libraries shall be selected from the list of books approved from time to time by the Government.

            Provided further that the ZGS shall stock also books and periodicals as may be directed from time to time by the Government in this behalf, the aggregate value where of shall

NOTE:-  The Government in their order Ms.No. 2740 Education Dated 23-12-1969 constituted a High powered Committee for compiling a list of books and periodicals which could be of Public Libraries is the convenor of the committee.  This committee prepared the list of books for some years, and then constituted several sub-committee for selecting books in different languages.  These list will go before the main committee.  After their approval of the lists which or without any modification, the lists will be submitted by the Director of Public Libraries to Government for approval.  After the list are approved by the Government, they will be communicated by the director to all ZGS.  This is very lengthy procedure and involves considerable time.  Secondly the book selection committee of the ZGS are not interested very much in selecting books required to the testes, needs of the people of the locality as they have to select books only from these lists.  There are some bottle necks in this procedure.  Hence the entire position needs to be reviewed and this provision may be amended suitably by giving more powers to the ZGS for the purchase of books.  Under the Raja Rama Mohan Ray foundations scheme, books are purchased and supplied to all Public Libraries Annually a sum of Four Lakhs (two lakhs from the foundation and an equal contribution from Government) is spent on the library services in the State i.e., purchase of books, supply of cycle-rickshaws, Binding etc.  Besides the Government is also sanctioning grants to ZGS for the purchase of books.

(c).  I I  …………………………………………………………………………………………………………

       …………………………………………………………………………………………………………………

X (d) with the previous sanction of the Director, shift or ciose any public library mentioned in sub-clause  (a) of section 2, or discontinue aid to any other public library, the payment of which is regulated by rules and made under this Act.

_________________________________________________________________________________*Inserted by Andhra Pradesh Act No. 7 of 1969                                                                                            I I Omitted by Andhra Pradesh Act No. 7 of 1964.                                                                                  X Substituted by Andhra Pradesh Act No & of 1969.                                                     

 

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NOTE:-  The permission of the Director has to be obtained for shifting a library from one building to another.  The resolution of the ZGS has to be obtained for this purpose.  The rent has  to be fixed by the competent authority.  The proposal to the Director for shifting the library shall contain the reasons for shifting it, the house number of both the buildings rent, and resolution of the ZGS.  In most of the cases the house owners may not wait till all the formalities are satisfied and they may offer the building to others, as they may not like to keep the building vacant.  Secondly, in fixing the rent also sometimes difference of opinion may arise.  In view of the above difficulties, it is desirable that this power may be delegated to the ZGS, and the Samstha may report the fact of shifting the library to the Director for information.

            (e) accept any gift or endowment for any purpose connected with its activities;

Provided that no gift or endowment of an immovable property shall be accepted  without the previous sanction, of the Government.                                                                                                

NOTE:-  A resolution for transferring the immovable property by the body concerned shall be sent to the ZGS and the ZGS shall also pass similar resolution to accept the immovable property.  The ZGS shall suitable proposals to the director along with sketch plan of the land  or building with survey number etc., for obtaining the permission of Government. The land or buildings as the case may be registered in favour of ZGS ; at its cost , after the receipt of Government permission.

(f)Provide for lectures and the holding classes and conduct other activities connected with public library service including social education.

XX     (g) with the consent of the management and the previous sanction of the Government or  an officer authorized by the Government in this behalf, acquire any library on such conditions may be approved by the Government or an officer authorized by the Government in this behalf;

NOTE:-  This relates to taking over of libraries. After the ban on the creations of posts is imposed practically the taking over of libraries come to stand still.  There are several private managements who are willing to handover their libraries to ZGS.  This question requires to be reviewed and the taking over of the libraries may be permitted as it accelerates the growth in the development of library movement in the state.  In G.O.Ms. No. 2707 Edu. Dt. 17-12-69. The Government authorized the Director to sanction permission for taking over of libraries.  In view of the present ban, the proposals have to be submitted to Government for their orders.

(h) Distribute grants for Public Libraries and social education purposes;

(h-1)  with the previous approval of the Director, organise, or participate in conferences for the discussions of matters relating to the development of public libraries and the library service.

(1)    In general do everything necessary to carry out provisions of this Act.

X(2)  nothing in sub-section (1) shall apply to the library maintained by the Government.

 

 

 

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    Schemes to be submitted by Zilla grandhalaya Samstha 14. 

(1)  As soon as possible after a ZGS is constituted, and thereafter as often as may be required by the Director, every ZGS shall and whenever it considers it necessary so to do, a ZGS may, prepare a scheme for establishing libraries and for spreading library service within its area in such form and manner as may be prescribed, and submit it to the Director for sanction.  The Director may sanction it with such alteration, if any as he may think fit after giving the ZGS an opportunity, to make its representations, if any in respect of such alterations and the ZGS shall there upon give effect to the scheme so sanctioned by  him.

(2)   The Director may on application by the ZGS concerned, modify the scheme sanctioned under sub-section (1) or replace it by a new scheme.

Executive committees and sub-committees of ZGS: 15.

(1)  A ZGS may appoint an executive committee consisting of such of its members as it may deem fit and delegate to such committee any of its powers or functions under this Act except the power to levy library cess, to borrow money, to dispose of immovable property and to pass the budget, accounts and the audit and annual reports.

(2)   A ZGS may also , from time to time appoint subcommittees to inquire into and report or advise or any matters which it may be refer to them.

Act of ZGS not to be invalidated by informality, etc. 16.

            No Act of a ZGS shall be deemed to be invalid by reason only of the existence of any vacancy in or any defect in the constitution of that authority.

Vesting of properties in ZGS  17.:-

(1)   All property acquired or held in any area by the ZGS for the purpose of any public library defined in sub-clause (a) of clause (9) of section 2 shall vest in the ZGS of that area.

(2)   Any immoveable property required by the ZGS shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisitions Act, 1894 (central Act 1 of 1894) and may be acquired under that Act.

Power of ZGS make bye-laws 18:-

(1)   Subject to the provisions of this Act and the rules made there under a ZGS the may make bye-laws, generally to carry out the purposes of this Act.

(2)    In particular and without prejudice to the generally of the foregoing powers such bye-laws, may provide for all of any of the following matters, namely:-

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(a)   The admission of the public libraries in its area on such conditions as it may specify;

(b)   The guarantee of security to be furnished by persons desiring to use such libraries, against injury to or misuse, destruction or loss of the property of such libraries;

(c)    The manner in which the property of such property from injury misuse, destruction or loss;

(d)   The authority to be exercised by its officers and servant in the matter of exclusion or removal from any such library, of any person who contravenes or does not comply with provisions of this Act, or the rules or bye-laws made thereunder;

(e)   The  conduct of meetings of the ZGS and the procedure to be followed in regard to the transaction of business at such meeting and the quorum for the transition of such business at a meeting;

X Provide that a ZGS shall not have power to make bye-laws affecting a public library mentioned in sub-clause (12) of section 2 ;

(3)   The Director may modify or cancel any bye-law made by a ZGS under sub-section (2);

X Provided that before modifying or cancelling any bye-law, the Director shall give the ZGS concerned a reasonable opportunity to make its representations in the matter.  

Xx  Powers of Government to remove chairman of the ZGS (18-A):-

(1)   The Government may by notifications, remove any chairman of the ZGS, who in their opinion willfully omits or refuse to carry out or disobeys the provisions of this Act or the rules, bye-laws or law-full orders made there under, or abuses his position or powers vested in him.

(2)   The Government shall, when they propose to remove a chairman under sub-section (1) , give the chairman concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons of the Government for the action taken

(3)    The Government shall have power to review any of removal published under sub-section (1) and pending such review to stay such order.

(4)    Any person removed under sub-section (1) from the office of the chairman shall not eligible for re-election to the said office for a period of three years from the date of his removal .

X inserted by Andhra Pradesh Act No. 7 of 1969.

Xx Inserted by Andhra Pradesh Act No. 17 of 1964.

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NOTE:-  There is no provision in the Act, to pass no confidence motion against the chairman of ZGS.  The above section vests power in Government to remove the chairman who abuses his position or powers after following prescribed procedure.

 

Control of the  ZGS by the Government  19 :-

            If at any time , it appears to the Government that a ZGS has failed to perform its functions or has exceed or abused any of the powers conferred upon it by or under this Act, the Government may Communicate the particulars thereof to the ZGS and if the ZGS omits to remedy such failure, excess or abuse or to give a satisfactory explanation there for within such time as the Government may fix in this behalf, the Government may suspend. Dissolve or supersede the ZGS and cause all or any of the powers and functions of such authority to be exercised and performed by any person or agency for such periods as they may think fit or direct that it be reconstituted.

Constitution of a Library Service for ZGS in the State  x  (19-A):-

            Not withstanding anything in this Act.  the Government may, by notification , constitute a Library Service for the ZGS in the State and appoint to that service such category of Librarians as may be prescribed.

 

                               

                                    CHAPTER V

                                                          FINANCE AND ACCOUNTS

 

Library Cess 20 :-

(1)    (a) Every ZGS shall levy in its area a library cess in the form of a surcharge on the property tax or house tax levied in such area under the relevant laws providing for the levy of such property tax or house tax, at the rate of four naye paise for every rupee in the property tax or house tax so levied ;

(b)A ZGS may, with the previous sanction of the Government and shall if directed by them, increase the rate specified in clause (a) so as not to exceed EIGHT naya paise for every rupee.                                                       

           

                                                 //16//

(2) The cess levied under sub-section (1) shall be collected:-

X (a) in the twin cities of Hyderabad and Secunrabad by Municipal corporation of  Hyderabad ;

                        (b) in an area with in the jurisdiction of a municipal council, by such Council;

X (c) in an area within the jurisdiction of Gram Panchayat by the Gram  Panchayat;

       (d)in an area in a district not including within the jurisdiction of a municipal council or a Gram Panchayat by the local body having jurisdiction in such area;

            As if the cess were a property tax or house tax payable under the relevant laws for the time being in force in the area, and all the provisions of the said laws relating to collection of property tax or house tax shall apply subject to such modifications as may be specified by the Government in the notification issued in this behalf.

            (3)The cess collected under sub-section (2) shall be paid in such manner as may be prescribed to the ZGS  concerned.

NOTE:-   While commenting on the Model Bill prepared by Government of India, late Ranganathan pointed out “The sole basis for the library cess is made the property tax.  This is an anocronism in the new tax pattern prevailing in the country.   There are now more elastic sources available such as octroi.  Profeesion tax and basic revenue.  It is not desirable to make the property tax payer to carry the entire burden of the library Cess “. Some others argue that “since the expenditure on all social welfare service is met straight out of the total resources of the Government,  why should library service be excluded.  There from the expenditure as such, ought to be met of grants for education and not by direct taxation “.  Late Ranganathan  suggested that atleast 61/4% of the education budget of the State may be set apart for libraries.  It was agreed that the amount collected from cess on property tax is not adequate, surcharge on cess of the following items may be considered for levy.

  (1)Sales Tax   (2) Land Revenue  (3) Vehicle tax.

 

___________________________________________________________________________x Clause (a) was substituted (b) was omitted and clauses (c), (d) and (e) were relettered as (b), (c) and (d) in the Amended Act 17 of 1964

 

                                                 //17//

The Sinha committee in their report (Advisory Committee report for Libraries) come to the conclusion that only a cess can provide a stable base of library finance.  There are several difficulties in the remittance of cess.  Some of the municipalities and many panchayats are not colleting the cess properly, and there are some cases where the cess was.  Collected but was not remitted of the ZGS.  The ZGS do not have any information about the extent of the demand and the actual collection of the cess unless it is actually remitted.  This position causes much hardship to the ZGS.  Most of the library staff members time is taken in going round the village or authorities concerned for the purpose of collecting and remitting the cess to the libraries. Inspite of repeated instructions from Government and by other Heads of Departments like Director of Municipalities,Panchayat Raj Department to the local bodies concerned, there is not much improvement in the position.  To avoid this it was suggested that the cess amount may be paid on the particulars furnished by the local bodies to the ZGS by the Government direct.  The Cess amount collected by the local bodies may be remitted to the Government.  The position has to be reviewed and a final decision has to be taken by Government in this regard.  The cess is raised from 4 paise in a rupee to 6 paise in G.O.Ms. No. 915 education dated 29th july 1975 to augment the resources of ZGS.  The rules relating to the collection and remittance of cess as existed before section 20, sub-section (3) was amended in Andhra Pradesh amendment Act 7 of 1969 still continues to be in force.  The revises rules under this clause may be have yet to be issed.

Library Fund 21:-

(1)   Every ZGS shall maintain a fund called the “Library Fund” from which all its payments under this Act shall be met.

(2)   There shall be credited to the Library Fund the following sums namely :

(a)   The cess collected under sub-section (2) of Section 20.

(b)   Contributions, gift and income from endowments made to the ZGS for the benefit of public libraries;

(c)    Special grants which the Government may make for any specified purpose connected with libraries and social education ;

(d)   Funds and other amounts collected by ZGS under any rules or bye-law made under this Act ;

NOTE:-                 The other amount mentioned in the above clause namely deposit amount collected as caution deposit from the deposit borrowers may be kept in the post office Saving bank Account with the permission of the Director .  this is more beneficial as it fetches interest.

                                                                                 //18//

(3)    The Government shall contribute annually to the Library Fund maintained by every ZGS a sum not less than the amount of the cess collected under sub-section (2) of section 20.

NOTE:-     The payment of matching contribution was stopped .  instead the Government is bearing the expenditure on payment of salaries to the staff as per G.O.Ms.No. 915 edu dated 29-7-1975,.  Now monthly advance salary grants are sanctioned to the ZGS on the basis of audited figures of expenditure on salaries of the previous year as per G.O.Ms.No.930 edu dated 18-9-78.  The Government have also sanctioned grants subject to certain conditions on payment of wages to menials as per G.O.Ms.No. 290 edu dated   9-3-79.  Inspite of the receipt of the financial help from Government there are some ZGS in the state whose resources are very insufficient to spend funds on the developmental  activities of the libraries and to provide at least minimum facilities to the readers.  Hence , they requested the Government to sanction Government contribution of grants to Grandhlayas taking in to consideration the financial position of the Samsthas.

Maintenance of accounts 22:-

(1)   An account shall be kept of the receipts and expenses of ZGS.

(2)   The accounts shall be open to inspection, shall to audit disallowance, and surcharges and shall be dealt with in all other respects in such manner, as may be prescribed.

                                                                          CHAPTER VI

                                                 REPORTS, RETURNS AND INSPECTION   

Reports and Returns 23:-      Every  ZGS and every person incharge  of a public library shall submit such reports and returns and furnish such information to the Director  or any person authorized by him in this behalf as the Director or the person authorized may , from time to time , require.

Inspection of Libraries 24:-     The Director or any person authorized by him in this behalf may inspect any public library or any institution attached thereto for the purpose of satisfying himself that the provisions of this Act and the Rules and bye-laws made thereunder are duly carried out.

NOTE :-     The Director is inspecting the office of ZGS and District Central Libraries.  The District Central Librarian is inspecting the Branch libraries.  The book deposit centers, the village libraries and other recognized aided libraries is inspected by the branch librarians authorized by the District Central Librarians.    There are prescribed inspection report forms.  The Branch libraries, Book deposit Centres are inspected once  in a year besides two surprise visits.  The Director is reviewing the reports and is carefully watching the follow up work

                                                         //19//

                                                            CHAPTER VII

                                                      MISCELLANEOUS

Power to make rules. 25:-

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

(2)   In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a)   The method of appointment, nomination, or election of members to the State Library Committee and ZGS;

(b)   The publication of audited statements of the accounts of ZGS and of the reports of the auditors ;

NOTE :-     On receipt of the audited reports of all ZGS in the State, the Director shall submit a report on the improvements and serious lapses if any in the accounts to the Government.  The Government reviews the report.  The review will be communicated to the Samsthas by the Director, they shall publish their report with the review.  As only few copies of the audit report with the review are required generally cyclosted copies are taken and circulated.  As this in one of the most important items of work , this requires prompt and regular action at all levels.

(c)    The Publication of a Library grant-in-Aid code regulating the grant of aid to aided libraries and the standards to be maintained by such libraries ;

NOTE :-     The grant-in-Aid code has not yet been published.  The Government constituted a committee with Sri Vavilala Gopala Krishnaiah as the Chairman of the committee to examine the position of Aided libraries, their financial position, grants etc., and to suggest ways and means for their improvement.  The committee submitted its report to the Government.  The report is also released, and the the recommendations are worth implementation.  The position of the adided libraries may definitively be improved if the recommendations are implemented and this goes a long way in the development of libraries in the state.  The publication of grant-in-Aid code may also be expedited.

(d)   The maintenance of State Registers of libraries, and librarians.

NOTE :-     A register of libraries, and another Register of librarians in each District is maintained in the office of ZGS.  There are several hardship and difficulties in the maintenance of State Register of Libraries and librarians as corrected and upto date

                                                            //20//

particulars may not be available due to frequent changes in the staff of aided libraries, management, etc.

(e)   The employment of necessary staff for the public libraries maintained by ZGS and for regulating the classification, methods of recruitment, pay and allowances discipline and conduct and other conditions of services of the staff employed in such libraries :

(f)     The classification, methods of recruitment pay and allowances, discipline and conduct and other conditions of service of the members of the library service constituted under section 19-A.

NOTE :-     The intention of the Government in including section 19-A and above two sub-section in the Act is to treat all the employees of ZGS as Governments servants.  But in G.O.Ms.No. 915 Education dated 29-7-1975, the Government stated that the service of the ZGS cannot be provincialised.  But they have been given some of the benefits as enjoyed by the employees of other local bodies.  The benefits granted to the ZGS employees are  as follows:-

1.      Pension including family pension

2.      Gratuity

3.      General Provident fund.

4.      Loans and advances to the extent and subject to the conditions laid down in the rules issued through G.O. Ms.No. 821 Edu dated 7-7-75

5.      Free medical attendance for employees, drawing a pay not exceeding Rs.300/-

6.      Application of Revised leave rules 1933.

NOTE :-     As in Mysore state, the Government may consider to declare all ZGS employees as Government servants.  This may not involve any additional expenditure to the sate as the expenditure on salaries is being met by Government.  This gives more impetus to library workers and better efficient services can be rendered by them.  This also fulfil the intention of section 19-A  of the Act, the High Court  Judgement   delivered by the High Court of Andhra Pradesh Declaring Sri.N.M.Reddy a Retired Secretary of ZGS as Government Employee and the assurances given by the Hon’ble Ministers in their speeches now and then.

(g)   The recognition of the library associations and regulation of grants to such associations.

(3)   Every rule made under this Act shall immediately after it is made, be laid before each House of the State Legislature if is in session and if it is not in session , in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and

                                                        //21//

if, before the expiration of the session , in which it is so laid or the session immediately following both Houses agree in making any modification or in the annulment of the rule.  The rule shall thereafter have effect only in such modified form or shall stand annulled 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.

Power to remove difficulties 26 . :-      (Omitted by Act 7 of 1969)

 

Amendment to the Press and Registration of Books Act, 1867 in its application to the state of Andhra Pradesh  27. :-     The Press and Registration of Books Act 1867 (Central Act XXV of 1867) shall, in its application to the state of Andhra Pradesh amended as follows:-

(1)   In the first paragraph of section 9, for clause (a) the following clause shall be substituted, namely :

(a)   In any case, within one calendar month after the day on which any such book shall first be delivered out of the press, three such copies, and “.

(2)   In the last paragraph of the same section, for clause (i) the following clause shall be substituted, namely :

(i)”any second or subsequent edition of a book in which edition no additions or alterations either in the letterpress or the maps, book prints or other engravings belonging to the book have been made, and three copies of the first or some preceeding editions of which books have been delivered under this Act or;”

            (3) in section II for the first sentence the following sentence shall be substituted, namely.

“Out of three copies delivered pursuant to clause (a) of the first paragraph of section 9 of this Act, one copy shall be sent to the State Central library ,Hyderabad, referred to in clause (a) of section 8 of the Andhra Pradesh Public Libraries Act, 1960 and the remaining two copies shall be disposed of in such manner as the Government may from time to time determine”.

Repeal and Saving  28.:-

(1)   The Madras Public Libraries Act 1948  (madras Act XXIV of 1948) and the Public libraries Act, 1955 (Hyderabad Act III of 1955) are hereby repealed.

(2)   Notwithstanding such repeal –

(a)   The members of the State Library Committee or the State Library Council, as the case may be, and the ZGS constituted under the said Acts and

                                                  //22//

holding office immediately before the commencement of this Act shall be deemed to be respectively the members of the State Library Committee and ZGS constituted under this Act, and shall exercise all powers and perform all duties conferred on such committee or authorities in the respective areas in which they are functioning at such commencement until their present term expires or until a new committee or authoritied are constituted under this Act, Which ever is later ;

(b)   All rules , bye-law and regulations made under the said Acts and inforce at the commencement of this Act, shall  so far as new rules, bye-law and regulations are not inconsistent with the provisions of this Act, continue to be inforce in the representative areas in which they are in force at such commencement, and such rules shall be deemed to be bye-laws, made under the provisions of this Act, until they are superseded or modified by rules and bye-laws made under this Act.

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