THE ANDHRA PRADESH PUBLIC LIBRARIES ACT,1960 (As modified up to 27th October, 1990)
(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 amen the
laws relating to the establishment and maintenance of public libraries in the
state of Andhra Pradesh and matters connected therewith.
Be it enacted by the Legislature of
and State of Andhra Pradesh in the Eleventh year of the Republic of India as
follows:
CHAPTER I. PRELIMINARY
1.Short
Title and Commencement
(1) This Act. May be called the
Andhra Pradesh Public Libraries Act, 1960.
(2) It extend to the whole of the
State of Andhra Pradesh.
(3) If shall come into force on such
date as the Government may, by notification appoint.
2.Definitions:
In
the 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)Omitted.
(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) “Parotid” means the Andhra
Pradesh Granhalaya Parishad established under Section 3;
(9) “Public Library” means ---------------------------------------------------------------------------------------------------------------------------------------
1.For Statement of object and Rea sons see Part- IV-A of the Andhra Pradesh
Gazette, Extraordinary, dated the 25th July, 1959
2.Act came in force on I st April, 1960.
*Sub-section
(2) was omitted by A.P.Act No.11 of 1989.
**Clause
(8) Was inserted by Act.No.11 of 1989.
//2//
(a) a Library established or
maintained by a ZGS including the branches and delivery stations of such
library ;
(b) a library established or maintained by 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 ;
notified by the Government as a Public Library for the Purpose of this Act ;
(10)
“State “ means the state of Andhra Pradesh ;
(11)
“State Central Library” means a library
established by the Government as the state Central Library ;
(12)
“State Regional Library” means a library
established by the Government
(13)
“Year” means the financial year.
CHAPTER II
ANDHRA PRADESH GRANDHALAYA PARISHAD
3. Establishment and composition of the Andhra
Pradesh Grandhalaya Parishad
(1) There shall be established by the
Government by notification for the State of Andhra Praesh a parotid by name of
“The Andhra Pradesh Grandhalaya Parishad”
(2) The head quarters for the
Parishad shall be at Hyderabad.
(3) The Parishad shall be a body
corporate, having perpetual succession and a common seal with power, subject to
the provisions of this Act. and the rules made thereunder, to acquire, hold and
dispose of property and to enter into contracts and shall by the said name sue
and be sued.
(4) The Prishad shall consist of the following
members, namely:-
(a) a Chairman to be
appointed by the Government from ;among the person who have rendered eminent
service for the cause of education and library movement ;
(b) the Director of
Public Libraries, who shall, be the member Secretary; and
(c) seven members to be
nominated by the Government of whom
(i) one shall be an
expert having special knowledge of Library Science;
(ii) two shall be from
among those who have rendered service for the development of Library movement
and education;
(iii) one shall be a
person representing the recognized aided libraries;
___________________________________________________________________________________ __ *Chapter II was substituted by A.P. Act
No. 11 of 1989.
(iv) one shall be from among the chairmen of
the ZGS ; and `
(v) one shall be from among the Secretaries of
ZGS : and
(vi) the Chief
Librarian, State Central Library, Hyderabad shall be member ; ex-officio.
4. Objects of the Parishad
The object of the Parishad shall be---
(1) To organize and promote library service in the
State.
(2) To establish , equip, maintain and develop an
integrated,comprehensive and efficient library service in the state ;
(3) To augment the supply of books and periodicals
to all the libraries in the State
(4) To develop Infrastructural facilities such as
buildings, furniture, equipment to all public libraries and ZillaGrandhalaya
Samstha in the State ;
(5) To raise finance and regulate their usage for
the promotion of library services ;
(6) To undertake other related activities ;
(7) To augment the income of the parishad and
Zillah Grandhalaya Samsthas and suggest
ways and means for raising additional resources ; and
(8) To
prepare long term and short term plans for improving the library service in the
State and also to supervise the implementation of approved plans.
5. Powers and functions of the parishad
(1) The Parishad shall be the principal policy
formulating boy and shall exercise the following functions, namely:-
(a) to evolve perspective plans for the
development of Library Services and to co-ordinate and determine the standard of library
service in ZGS ;
(b) to prepare consolidated programmes in
accordance with the guide lines Issued by the Government and the Raja Ram Mohan
Roy Library Foundation and also to implement the developmental programmes ;
(c) to approve the
budget estimates of the parishad and ZGS
(d) to sanction the opening of library
branches, village libraries and book deposit centres subject to availability of funds and creation
of full time posts with the approval of the Government ;
(e) to accord administrative and financial
sanction for the construction of buildings for the purpose of public libraries
;
(f) to accord administrative and financial
sanction or additional staff with the prior approval of the Government ;
(g) to approve the shifting of Regional and
mobile libraries ;
(h) to accept gifts or endowments for any
purpose connected with the library activities of a value up to Rupees five
lakhs and with the permission of the Government of a value exceeding five lakhs
;
(i) to approve and submit to Government every
year the audited statements of accounts and utilization certificates of its
funds ;
(j) to approve the annual audited statements
of accounts of the ZGS ;
(k) to approve the annual report on the
working of public libraries under the Act. and cause to be placed before the Legislature ;
(l) to decided the policy for selection and
purchase of books required by the public libraries in the State and for this
purpose to constitute sub-committees, which shall include, one expert in the
subject or language concerned besides other eminent persons in the faculties
concerned ;
(m) to organize and conduct Library seminars
and conferences ;
(n) to
set up sub-committees, as may be necessary from time to time to regulate the
work ;
(o) to co-ordinate all the activities ;
connected with the Library Service and also to supervise the proper utilization
of funds allotted to such activities including the cess collected by the ZGS
and
(p) to prepare consolidated programme in the
sphere of the library service in accordance with the guidelines
(2)The Parishad shall advise the Government on
all matters arising under this Act. and shall
exercise such other powers and perform such other functions as may be
prescribed.
(3) The Parishad shall meet at least once in
two months. The number of members
necessary to constitute a quorum at the meeting and the procedure to be
followed there at shall be such as may be prescribed.
6. Powers and Functions of the Chairmen:
The Chairmen shall be Head of the
office the Parishad and shall preside over all its meetings. He shall supervise the implementation of the
polices and programmes of the parishad
and exercise such other functions as may be prescribed.
7. Salaries and Allowances of Chairman, etc.
(1) The
Chairmen of the parotid shall be entitled to such salary and allowances and
shall be subject to such conditions of service as may from to time be
prescribed.
*(2)
The Chairmen and every member of the parotid, other than the ex-officio
members, shall hold office during the
pleasure or Governor
(3) The
other members of the parishad shall receive such allowances as may be
prescribed.
*Amended in A.P. Act. No. 16 of 1990
//5//
7A. Powers and Functions of the Member-Secret
The Member-Secretary shall be the Chief
Executive of the Parishad and shall excrcise the following powers and perform
the following functions, namely:
(1) Implemant all the policies and programmes of
the parishad ;
(2) Exercise general supervision and control over
the parishad office staff, field staff of Libraries or any other employees of
the parishad and all the Libraries under ZGS ;
(3) to deal
with all the administrative matters pertaining to appointments, posting,
transfers, promotions and disciplinary action on the staff of Parishad and ZGS ;
(4) Run the
day to day administration of the parishad and conduct all its financial
administrative transactions ‘
(5) Be the custodian of the finances of the
Parishad ;
(6) Prepare and present the audited statements of
accounts and utilization certificates to the Parishad for its approval ;
(7) Obtain audited statements of account of all
the ZGS and place them before the Parishad for its approval along with utilization
certificates ; and
(8) Recommend administrative and financial
sanction for the creation of the posts of Officers and other employees for the
performance of functions of the Parishad
7B.
Fillings up of Casual Vacancies of the Chairmen and the Members of the
Parishad
Any vacancy occurring in the office of the
Chairmen or as the case may be of the member of the parishad (*) shall be filled by nomination of another
person in the manner provided in section 3 (*).
7C. Funds of the Parishad
(1) The Parishad shall have its own funds,
consists of :
(a) The grants made by the state Govt. ;
(b) All moneys received by or;on its behalf under
the provisions of the Act or any other law for the time being in force or under
any other contract;;
(c) All proceeds of the disposal of the property
by or on behalf of the Parishad ;
(d) All moneys received by or behalf of the
Parishad from the public bodies, private bodies, or private individuals by way
of grants, donations or deposits;
(e) All interests and profits arising from any
investment or from any transaction in connection with any money belonging to
the Parishad ; and
(f) Such other sums from the ZGS as may be
required for specific purposes as provided under the Act. or as per the
instruction of the Government from time to time .
(2) All moneys belonging to the parishad shall be
deposited in such banks or invested in such manner as may be prescribed.
(3) The parishad may spend such sums as it may
deem fit for performing its functions under this Act. and such expenditure,
shall be treated as expenditure payable out of this fund.
*Deleted in A.P.Act. No. 16 of 1990
//6//
7D. Transfer of Properties and Staff
The Government may at any time after the
constitution of parishad transfer to it nay properties of the Public Libraries
along with staff on such terms and conditions as it may deem proper.
7E. Powers of the Government to Give
Directions.
The parishad shall function under
the general supervision and control of trie Government and the Government shall
have power to give such directions it may deem fit from time to time and may
review the actions of the Parishad.
CHAPTER I I I .
DEPARTMENT
OF PUBLIC LIBRARIES
8. Constitution of The Department of Public
Libraries and Appointment of Director Thereof and his Duties.
For the purpose of this Act. the
Government shall constitute a separate Department of Public Libraries and
appoint 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
branches of such library ;
(b) Superintend and direct all matters relating to
Public Libraries.
(c) Declare, in accordance with the rules made
under this 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 ZGS
uncksrthis Act. in the manner prescribed.
(e) Omitted.
(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.
(h) Perform such other duties and exercise such
other powers as are imposed or conferred on him by this Act. or the rules made
thereunder.
(i) Arrange for centralised classification,
cataloguing, inter- library lone co-ordination of book selection and maintenance
of copy right registry.
(j) Omitted.
**8A. Librarians For City Central Library,
Hyd’bad And District Central Libraries.
(1) The Government may, at any time, create such
number of posts or librarians for City Central Library< Hyderabad and for
the District Central Libraries, as they may consider necessary for carrying out
the purposes of this Act.
__________________________________________________________________________
*Omitted by Act. No. 11 of 1989.
**
Inserted by A.P. Act. No. 13 of 1987.
//7//
(2) All appointments to the posts of Librarians created under Sub-section
(1) and transfer of the holders of such posts shall be subject to the
provisions of the Andhra Pradesh Public Employment (Regulation of Age Of
Superannuation) Act, 1984 as such other rules as may be made under the proviso
to article 309 of the constitution of India.
(3) The Government shall pay, out of the
consolidated fund of the state, the salaries, allowances, Leave allowances,
pension and contribution, if any ,towards the Provident Fund of Pension cum
Provident Fund of the librarians referred to in sub-section (1).
(4) The classification and methods of recruitment
conditions of service, pay and allowances and discipline and conduct of the
librarians referred to in sub –section (I) shall be regulated in accordance
with the provisions of the Act.23 of 1984. Andhra Pradesh Public Employment
(Regulation of age of superannuation)Act,1984 as amended from time to time and
to such other rules as may be made under the proviso to article 309 of the
Constitution of India.
(5) Every holder of the posts of Librarian, who is
appointed under this Act. immediately before the commencement of the Andhra
Pradesh Public Libraries ( Amendment ) Act. 1986 shall, notwithstanding
anything in this Act. continue to hold such post, subject to the provisions of
the Andhra Pradesh Public Employment (Regulation of age of Superannuation )
Act, 1984 as amended from time to time and to such other rules as may be made
under the proviso to article 309 of the Constitution and until provision in
that behalf is so made, the rules for the time being in force regulating the
recruitment and condition of service applicable to such holder immediately
before such commencement, except the provision relating to age of
superannuation, shall continue to apply to such holder.
(6) The Government may, from time to time by order
give such directions to any ZGS or Director as may appear to them to be
necessary for the purpose of giving effect to the provisions of this section;
and ZGS or Director, as the case may be, shall comply with all such direction.
CHAPTER IV.
*9. Constitution and Incorporation of
Zillah Grandhalaya Samthas
(1) For the purpose of organizing and
administering public libraries in the state, there shall be constituted ZGS, one for the
City of Hyderabad by the name of the Hyderabad City Grandhalaya Samstha, one
for the District of Hyderabad excluding the side City by the name of the
Hyderabad Zilla Grandhalaya Samstha and for each of the other Districts by the
name of the District concerned.
(2)
Every ZGS shall, by the name of the area of witch it is constituted, be
a body corporate having perpetual succession and common seal with powers to
acquire, hold and dispose of property and to enter into contracts and may be
the said name sue and sued.
(3)
It shall be the duty of every ZGS to provide Library Service in the area
of its jurisdiction.
*Substituted by Act No. 7 of 1969
//8//
**10.
Composition of Zilla Grandhlaya
Samsthas
(1) The ZGS for the twin
cities of Hyderabad and Secunderabad shall consist of the following members,
namely:
(a) Three members nominate3d
by the Government from among the residents of the twin cities of Hyderabad and
Secunderabad who have rendered eminent service in the field of Education or
Public Libraries ;
(b) One member nominated by the Government from among the Presidents
of the Governing bodies of the aided libraries in the twin cities of Hyderabad
and Secunderabad;
(c) Two members nominated by
the Government from among the Councillors of the Municipal Corporation of
Hyderabad;
(d) The District Educational
Officer, Hyderabad, Ex-Officio;
(e) The Deputy Director,
Office of the Directorate of Adult Education, Hyderabad, Ex-Officeo;
(f) The District Public
Relations Officer, Hyderabad, Ex-officio;
(g) The Librarian, City
Central Library, Hyderabad, Ex-Office who shall be the Member Secretary.
(2) The ZGS for each District
shall consist of the following members, namely;
(a) There members nominated by
the Government from among the residents of the District, who have rendered
eminent service in the field of education or Public Libraries;
(b) One member nominated by
the Government from among the Presidents of the governing bodies of the aided
libraries in the District;
(c) One member nominated by
the Government from among the Councilors of either Municipal Corporations or Municipalities of the District;
(d) Two members nominated by
the Government from among the Presidents of Mandal Panchayats in the
DistrictConcerned ;
(e) The District Educational
Officer, Hyderabad, Ex-Officio;
(f) The Deputy Director,
Office of the Directorate of Adult Education, Hyderabad, Ex-Office
(g) The District Public
Relations Officer, Hyderabad, Ex-officio;
(h) The Librarian, District
Central Library, Ex-Officio who shall be the Member Secretary,
(i) The District Panchayat
Officer of the district concerned, ex-Officio
(3) The Government shall nominated
one of the non-official members as the Chairman of the ZGS.
**Substituted by the Act No. 13 of 1987
//9//
*11. Term of office of the Members of
Zillah Grandhalaya Samsthas
(1) Every member of a ZGS not being
an Ex-Officio member shall hold office (**) during the Pleasure of Governor.
(* Subsitiuted
by AP Act. No.13 of 1987.)
(**subsitiuted by AP Act. No.16
of 1990)
And Its Chairman
The Chairman of ZGS shall hold
office during the Pleasure of Governor.
(2) A member nominated to the ZGS in
his capacity as a holder of particular office, shall , if heceases to the
holder of particular office, shall, if he ceases to the holder of that office,
ceases to be a member of the ZGS.
(3) Save as otherwise provided in
this Act, the Chairman, shall however ,cease to hold office, before the expiration of such term on
his ceasing to be a member of the ZGS.
*11A. Disqualification For Being A
Member of The Zillah Grndhalaya Samstha
(1)
A person shall be disqualified for being a member of the ZGS, if he—
(a) Is or has been sentenced by a
Criminial Court to imprisonment for a period 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 operte as a disqualification;
(b) Is of unsound mind and stands so
declared by a competent Court;
(c) Is A deaf-mute is suffering from
leprosy;
(d) Applies to be adjudicated as an
insolvent or is an undischarged ionsolvent;
(e) Absents himself from three
consecutive meeting without excuse sufficient in the opinion of the ZGS to
exonerate the absence.
(2)
Where a person ceases to be a member under clause (e) of 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 to the ZGS on or before the
date of its next meeting or within fifteen days of the receipt by him of such intimation, the ZGS, may at the meeting next after the receipt of
the application or sue-moto, restore him as member thereof;
Provided
that a member shall not be so restored more than twice during the period he
holds office.
(*Inserted by Act No.7 of 1969 as
amended by AP Act. No. 13 of 1987)
//10//
12.
Filling Up of Casual Vacancies of the Membersof Zilla Grandhalaya
samsthas
A vacancy occurring in the office of
a nominated member of Zilla grandhalaya
Samstha before the expiration of his term shall be filled by nomination of
another person so nominated shall hold oggice for the residue of the term of
his predecessor.
*12A
(1)Where, for any reason, there is a
delay in the constitution of the Parishad in accordance with the provisions of
the Section 3 or the constitution of ZGS for the twin Cities of Hyderabad and
Secunderabd under Sub-Section (1) of Section 10 or the ZGS for the District under Sub-Section (2) OF
section 10, or the nomination of the Chairman of the ZGS under sub-section (3)
of section 10, the Government may appoint a person or persons to manage the affairs of the parished or of the ZGS or
to perform the functions of the Chairman, as the case may in the like manner
from time to time extend such period beyond six months; so however, that the
aggregate period including the extended period, if any shall not exceed two
years,
(2) The person or persons so
appointed shall, subject to the control of the Government and to such
instructions or directions as they may issue from time to time exercise the
powers, discharges the duties and
perform the functions of the parishad or of the ZGS and its Chairman, as the case may be and take
all such action as mav be required in the interests of the ZGS; (*Amended in AP Act. No.16 of 1990)
Powers and Functions of
Grandhalaya Samsthas
13.(1) A Zilla Grandhalaya samstha
may:
(a) provide suitable lands and
buildings for the Public libraries and alsothe furniture, fittings, materials
and conveniences requisite therefor;
(b) stock such libraries with books,
periodicals, newspapers, manuscripts, maps, works and specimens of art and
science, lanterns, slides, films, cinema projectors, recorders and the like;
* Provided that the books that may be
stocked in the libraries shall be selected from the list of books approved from
time to time by the PARISHAD.
Provided further thst the ZGS shall
stock also directed from time to time by the parishad or by an officel
authorized by the parishad in their behalf, the aggregate value where of small
not be less than twenty five percent of the provision made in the budget of
that Samstha for the purpose of this clause;
**(c) Omitted.
*** (d) With the previous sanction of
the Director, shift or close any public library mentioned in sub-clause (a) of
Clause (9) of section 2, or discontinue aid to any other public library, the
payment of which is regulated by rules made under this Act; (*Inserted by AP Act No.7 and amended by AP
Act No.11 of 1989. **Omitted by AP Act No.17 of 1964. ***Substituted by AP Act No of 1969.)
//11//
(e)
accept
any gift or endowment for any purpose connected with its activities;
(f) Provide for lectures and
the holding of classes and conduct other activities connected with public
library service including social education ;
(g) with the consent of the
management and the previous sanction of the parishad or an officer authorized
by the Parishad in this behalf acquire any library on such conditions as may be
approved by the parishad or an officer authorized by the parishad in this
behalf ;
*(h)
distribute grants for public libraries and social education purposes;
(hi) with the previous approval of
the Director, organize or participate in conferences for the discussion of
matters relating to the development of public libraries and the library
service.
(i)in general, do every thing
necessary to carry out the provisions of this Act.
#(2) Nothing in sub-section (1) shall apply to a
library maintained by the Government..
14. Schemes to be Submitted by Zillah
Grandhalaya Samsthas
(1)
As soon as possible after a ZGS is
constituted, and thereafter as often as may be required by the parotid, 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 Parishad
for sanction. The parished 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 the Parishad.
(2)
The Parishad may on application by the ZGS concerned, modify any scheme
sanctioned under sub-section (1) or replace it by a new scheme.
15. Executive/Sub-committee of ZGS:
(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 levey library cess,
to borrow money, to dispose of immovable property and to pass the budget,
accounts and the audited annual reports.
(2) A ZGS may also, from time to time appoint
sub-committees to enquire into and report or advise on any matters which it may
refer to them.
*
Inserted by AP Act No. 7 and amended by AP Act No. 11 of 1989.
#
Inserted by AP Act No. 17 of 1964.
//12//
*16. Act of Parishad or Zilla
Grandhalaya Samstha not to be Invalidated by Informality Etc.,
No
Act of
the parishad or a ZGS shall be deemed to be invalid by reason of the existence
of any vacancies or any defect in the constitution of that authority
17. Vesting of properties in the
Zilla Grandhalaya Samsthas
(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 immovable property required
by the ZGS shall be deemed to be land needed for a public purpose within the
meaning of the Land Acquisition Act, 1894 (Central Act.I of 1894 ) and may be
acquired under that Act.
18. Power of Zilla Grandhalaya
Samsthas to Make Bye-Laws
(1) Subject 10 the provisions of this
Act. and rules made thereunder a Zillah Grandhalaya Samstha may make bye-laws,
generally to carry out the purpose of this Act.,
(2) In particular and without
prejudice to the generality of foregoing power, such bye-laws may provide for
all or any of the following matter., namely:-
(a)
The admission of the public to the public libraries in its area on such
conditions as it may specify:
(b)
the guarantee or 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 libraries may be used and the protection of such property from injury,
misuse, destruction or loss.
(d) the authority to be exercised by
its officers and servants in the matter of exclusion or removal from any such
library of any person who contravenes or does not comply with the provisions of
this Act, of the rules of bye- laws made thereunder;
(e)
the conduct of meetings of the ZGS and the procedure to be followed in
regard to the transaction of such business at a meeting :
**Provided that a ZGS shall not have
power to make any bye-laws affecting a public library mentioned in Sub-clause
(11) or sub-clause (12) of Sec. 2 .
(3) The Director may modify or
cancel any bye-law made by a ZGS under sub-section (2) ;
Provided that before modifying or
canceling any bye-law, the Director shall give the ZGS concerned a reasonable
opportunity to make its representation in the matter.
*Amended by
AP Act. No. 11 of 1989
**Inserted by AP Act No. 17 Of
1964
//13//
**18.A. Power of Government to Remove Chairman of The
Zilla Grandhalaya Samstha
(1) The Government may, by notification, remove
any Chairman of the ZGS, who in their opinion willfully omits or refuses carry
out or disobeys the provisions of this Act, or the rules, bye-laws or lawful
orders made thereunder, 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
order 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 be eligible for re-election to the said
office for a period of three years from the date of his removal.
19.
Contro of The Parishad of the Zilla Grandhalaya Samstha by the
Government
If at any time, it appears to the
Government that the Parotid or as the case may be a ZGS has faild to perform
its functions or has exceeded or abused any of the powers conferred upon it by
or under this Act, the Government may communicate the particulars thereof to
the parotid or as the case may be the ZGS and if the parotid or Grandhalaya
Samstha, omits to abuse or to give a satisfactory explanation therefor within
such time as the Government may fix in this behaff, the Government may suspend,
dissolve or supersede the Parishad or as the case may be 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 period as they may think lit or
direct that be reconstituted.
*19-A.
Constitution A. Library Service for the Zilla Grandhalaya Samstha in the State.
Notwithstanding anything in this
Act, the Government may, by notifications, constitute a Library Service for the
ZGS in the state and appoint to that service such category of Librarians as may
be Prescribed
_ (* Amended by AP Act. 11 of 1989)
CHAPTER V
FINANCE AND ACCOUNTS
20. Library Cess
(1) 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 eight paise for every rupee in the property tax or
house tax so levied.
(2)
The cess levied under sub-section (1) shall be collected:_
//14//
*(a)
in the twin cities of Hyderabad and Secunderabad, by the Municipal
Corporation of Hyderabad.
**(b) in I he area
within the jurisdiction of a Municipal Council, by such council;
(c) in an area within
the jurisdiction of a Gram Panchayat; by the Gram Panchayat; and
(d) in an area in a district not
included 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 payble under the relevant laws for the time beincj in
force in the area, and all the provisions of the said laws relating to
collection or property tax or House tax shall apply subject to such
modifications as may be specified by the Government in the notifications issued
in this behalf.
(3)
The cess collected under sub-section (2) shall be paid to Hie ZGS
concerned in the same manner such as may be prescribed.
(*Clause (a) was Substituted by AP
Act NO. 17 of 1964.) (**Substituted by AP Act No. 7 of !960.)
21. Library Fund.
(1)
Every ZGS shall maintain a fund called the “Library Fund” from which all
the Payments under this Act, shall be
met.
(2) There shall be credited to the library Fund
are following sums ,Namely:-
(a) the cess collected under sub-section (2) of
Section 20 ;
(b)
contributions, gifts and income from endowments made to the ZGS for the
benefit of public libraries;
(c)
Special grants which the Government may make for speeded purpose
connected with Libraries and social education.
(d)
Funds and other amount collected by ZGS under any rules of bye-laws made
under this Act.
*(e) Grants released by the Government from time
to time.
**(3)
Omitted.
22. Maintenance
of Accounts
(1)
An account shall be kept of the receipt and expenses of the parotid and
each ZGS.
(2) The accounts shall be open to inspection,
shall be subject to audit, disallowance and surcharge and shall be dealt within
all other respects in such manner may be prescribed.
*Inserted
by AP Act No. 11 of 1989.
**
Omitted by AP Act No. 11 of 1989
//15//
CHAPTER VI
REPORTS,
RETURNS AND INSPECTION
***23. Records and Returns
Every ZGS and every person in-charge
of a public library shall submit such reports and returns and furnish such
information to the parotid or to any person authorized by it in this behalf in
such manner as the parotid or the person authorized may, from time to time
required
***24. Inspection of Libraries
The parotid or any person authorized
by it in this behalf may inspect any public library or any institution attached
thereto for the purpose of satisfying himself that the provision of this Act,
and the rules and bye-laws made thereunder are duly carried out.
24 A.
Establishment of a vigilance and Audit Cell
There shall be established by parotid a
separate accounts inspection, vigilance and audit cell to look after the
accounts, inspections, vigilance and audit work of the Departments of Public
Libraries in the manner and with such officers as may be prescribed.
CHAPTER VII
MISCELLANEOUS
25.
Powers to Make Rules
(1) The Government may, by
notification, make rules to carry out the puirpose of this Act
(2) In particular and without prejudice to the generally
of the foregoing power, such rules may provide for
(a)
the
method of appointment and nomination of members to the Parotid and the ZGS;
(b) the publication of audited statements of the
accounts of ZGS and of the reports of the auditors ;
(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 ;
(d) the maintenance of State Registers of
Libraries and Librarians ;
***Amended
by AP Act No. 11 of 1989.
//16//
*(e)
the employment of necessary staff for the public libraries maintained by
a ZGS and for regulating the Classfication methods of recruitment, pay and
allowances,discipline and conduct and other conditions of service 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 members of the
Library service constituted under
section 19-A;
***(g) the recognition of the library associations
and regulation of grant, to such associations.
(* Amended
by AP Act No. 11 of 1989.)
(**Inserted by AP Act No. 17 of 1964.)
(***Omitted by AP
Act No. 7 of 1969)
*(3)
Every Rule made under this Act, shall immediately after it is made, b
laid down before each House of the State of Legislature, if it is in session
and if it is not in session immediately following for a total period of
fourteen days which may be comprised in
one session or in two successive sessions and 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 in the rule or in the annulment of the
rule, the rule shall thereafter have effect only in such modified from or shall
stand annulled as the case may b-3 ; so however that any such modification or
annulment shall be without prejudice to the validity of any thing previously
done under that rule.
**26.
Omitted
27 .
Amendment of the Press and Books Act 1867 in Its Application of the State of
Andhra Pradesh
The Press and Registration of Books
Act, 1867 (Central Act, ‘(XV of 1867) shall, in its application to the State of
Andhra Pradesh be amended as follow:
(1) In the first paragraph of section 9, for
clause (a) the Following clause shall be substituted, namely :
(i)
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
,
(ii)
In the last paragraph of the same section, for clause (J) the
following clause shall be substituted, namely :
(J) any second
or subsequent edition of a book in which edition no additions or alterations
either in the letter press or in the maps, books prints or other engravings
belonging to the book have been made and three copies of the first or some
proceeding edition of which books have delivered under this Act, or,
(iii)
In section II, for the first sentence the following sentence shall be
substituted namely:
*Substituted
by AP Act No/17 of 1964. **
Omitted by AP Act No. 7 of 1969
//17//
(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 off in such manner as the Government
may, from time to time, determine;
28.Repeal and Saving
(1)
The Madras Public Libraries Act, 1948 (Madras Act XXIV of 1948) and the
Hyderabad Public Libraries Act, !955 (Hyderabad Act, III of 1955) are hereby
repealed ;
(2)
Notwithstanding such repeal.
(a)
the members of the State Library Committee or the State Libraty Council, as the case may
be, and the ZGS constituted under the said Acts and holiding office immediately
before the commencement of this Act shall be deemed to be respectively the members
of the State Library Committee and the ZGS constituted under this Act, and
shall exercise all powers and perform all duties conferred on such committees
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
authorities are constituted under this Act whichever is later ;
(b) All rules, bye-law and regulations made under
the said Acts and in force at the commencement of this Act, shall so far-as
such rules, bye-laws and regulations are not in consistence with the provisions
of this Act, continue to be in force in the respective areas in which they are in force at such commencement
and such rules shall be deemed to be rules and such bye-laws, made under the
provisions of this Act until they are superseded or modified by rules and
bye-laws mad under this Act.
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