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.
//3//
(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
//4//
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.
//6//
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
//7//
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.
//8//
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
//9//
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.
//10//
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.
//11//
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.
//12//
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.
//13//
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:-
//14//
(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.
//15//
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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