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 Act 1960 »

THE ANDHRA PRADESH PUBLIC LIBRARIES ACT, 1960
ANDHRA PRADESH ACT, No. VIII OF 1960

 

Chapter I  Chapter II  Chapter III  Chapter IV  Chapter V   Chapter VI Chapter VII

 

(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 faces and information on all subjects, to one and all, as a help in the discharge of their political functions 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 as source materials for antiquarian research; and in general.

  9. It should work for continued social well-being as the agency in charge of all socialised 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 net shell the most essential objectives of the libraries, as mentioned in some of the Acts of the foreign countries.

 

For statement of objects and Reasons see, part of IV-A of the Andhra Pradesh Gazette Extraordinary dated 25th July 1959; page 58, Be it enacted by the Legislature of the State of Andhra Pradesh in the eleventh year of the Republic of India as follows:-

 

CHAPTER I
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 come2 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;

2Act came into force on 1st April, 1960.
* Substituted by the Andhra Pradesh Public Libraries Act No. 7of 1969. The expression ‘Local Library Authority’ and the 'Local Library Authorities' in entire Act were substituted by ‘Zilla Grandhalaya Samstha’ and 'Zilla Grandhalaya Samsthas' by Section 2 of the Andhra Pradesh Public Libraries (Amendment) Act 7 of 1969.

  1. a Library established or maintained by the Government and  declared
    open to the public;

  2. a Library established or maintained by  any local body or co-operative
    society and declared open to the public;

  3. 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 usage, 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'.

  1. 'State' means the State of Andhra Pradesh;

  2. 'State Central Library’ means a Library established by the Government
    as the State Central Library;

NOTE :- The functions 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 Libraries 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 definitely 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 been included e.g. section 2 (6) and Section 2 (7) as these two are obvious to be defined.

 

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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 shall, 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 State 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 Minister with the statutory duty of over reviewing and administering the library service in the State.  The 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.  It is not binding on the Government to implement its recommendations.  As this committee shall 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 Sri Gopal Rao Ekbote, retired Chief Justice of Andhra Pradesh.  The suggestions of the committee are worth implementation, and it will go along way in the development of Library service in the State..
(2) x 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'.

  1. The Secretary to Government in the Education Department;

  2. The Secretary to Government in   the Health Housing and Municipal Administration Department,

NOTE : The Words 'Health, Housing' and, may be deleted as this Department has been separated from Municipal Administration.

  1. The Director of Public Libraries, who shall also be the Secretary to the Committee;

  2. The Director of Public Instruction;

x  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 Education and Director of School Edu­cation Besides a separate Director for Adult Education has also been appointed. The sub-section has therefore to be amended suitably after deciding the ques­tion of giving representation to all the three Directors, or to one or two as the case may be.

  1. The Director of Municipal Administration;

  2. The Librarian, State Central Library, Hyderabad;

(h) 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;
(i) One person nominated by the Syndicate of each of the Universities in the State;
(j)   Three persons nominated by the Andhra Pradesh library Association;
Note: As the Government is now recognising 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 recognised library Asso­ciations in the State.
(k)   Eight persons nominated by the Government as follows:-
(i)   One from among the members of the Hyderabad City Grandhalaya Samstha;
(ii)   One from among the members of the Zilla Grandhalaya Samsthas in each University area in the State.
Note:- Nagarjuna 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.
(iii)   One person who had rendered outstanding service to the cause of libraries;
(iv)   One person with special knowledge of matters relating to the Public libraries in the State;
(v)   Two district central librarians,
3. The committee shall 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: x 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 as 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.


Meetings 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 to be invalidated by informality, etc.,    No
Act of a State Library Committee shall be deemed to be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, that Com­mittee.

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CHARTER- 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

x Substituted by Andhra Pradesh Act No. 7 of 1969. g
£ Substituted by Andhra Pradesh Act No. 7 of 1969.

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 Libraries Act 1960 was enacted a separate Department of Public Libraries was formed in January 1961 with the Director of Public Instruction as in-charge Director of Public Libraries. Afterwards the words in the Act relating to the 'appointment of Director of Public Instruction' as in-charge of 'Director of Public Libraries' were deleted, and separate Director is functioning from 1967 onwards. The status of the Director at 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 Directors 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 stations and in between them are Regional libraries, District Central Libraries and branches etc. The State Central Library has no constitutional 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.

  1. superintend and direct all matters relating to Public Libraries;

  2. 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;

  3. direct and control the work of all Zilla Grandhalaya Samsthas under
    this Act in the manner prescribed;

  4. 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;

  5. 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 great back log and it is not yet completed and printed regularly. This has to be completed. The Department of Registrar of Pub­lications is now under the control of Director of Public Libraries. The Registrar of Publications is expected to publish quarterly a list of books Published in the State. After the Director of Public Libraries became the Registrar of 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 in view 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 books printed in the State is received in the Registrar's Office. The cards can be prepared by them and the classification numbers and the procedure to be adopted in writing the cards etc. may be helped by the technical personnel 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 a good tool to the writers, publishers, public and librarians. Some years back the Bibliography of children's books in Telugu and Urdu were printed. It is desirable that such works may be undertaken by the Department regularly and the bibliographies in other langua­ges except 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 centralised classification, cataloguing, inter-library loan, co-ordination of book selection, and maintenance of copyright registry;
 

NOTE: The centralised 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 libraries this work is being attended by the library staff of each library. In the case of District Central libraries and Branch libraries under Zilla Grandhalaya Samsthas this work is expected to be done at the Dis­trict Central 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 wherever 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 unsatisfactory. The maintenance of copyright 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 undertaken by the Department and it is in process. It may be completed as early as possible as it is amonumental work of the Department.


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

 

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CHANTER- IV
THE ZILLA GRANDHALAYA SAMASTHAS

 

Constitution and incorporation of Zilla Grandhalaya Samsthas: 9. (1) For the purposes of organising and administering public libraries in the State, there shall be constituted Zilla Grandhalaya 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 Hyderabad Zilla Gran­dhalaya Samstha and one for each of the other districts by the name of the district concerned.


NOTE: The revenue district has been selected as the unit of library service with autonomous powers vested in the Zilla Grandhalaya 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 Zilla 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 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 Zilla Grandhalaya Samstha for the entire district. It is often suggested by library workers that the nomenclature “Zilla Grandhalaya Sams­tha” may be changed as "Zilla 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 known as Ranga Reddy district.

 

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

x Inserted by Andhra Pradesh Act No, 7 of 1969.


(3)   It shall be the duty of every Zilla Grandhalaya Samstha to provide lib­rary service in the areas of its jurisdiction.


Composition of Zilla Grandhalaya Samsthas: 10. (1) The Zilla Grandhalaya Samstha for the twin cities of Hyderabad and Secunderabad shall consist of the following members,

  1. four members nominated by the Government from among the  residents of the twin cities of Hyderabad and Secunderabad who have rendered eminent service to the cause of education or public libraries;

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

  3. two members elected by the Councillors of the Municipal Corporation  of Hyderabad,

  4. two members nominated  by the Andhra Pradesh Library Association from among the members of the   branches of the said association in  the cities of Hyderabad and Secunderabad.

NOTE : As Government have recognised 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 number of members Including the Secretary in the City Grandhalaya Samstha is only 11. This number has to be increased as there is no representation for the Head Master 'Head Mistress, Medical and Legal professional personnel. The number of representatives from aided libraries may also be raised to at least to 8 in view of many aided libraries in the city.


(2)   x 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 persons in the medical profession in the district;
(ii)   One person from among persons in the legal profession in the district;
(iii) One head-master or head-mistress of a secondary school in the district;

x   Substituted by Andhra Pradesh Act No. 7 of 1969

(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 refer­red to sub-clauses (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 Secretary, Zilla Grandhalaya Samstha in the manner prescribed in the Rules.

  1. one member elected from among themselves by the Sarpanches of Gram Panchayats in each taluk in the district;

  2. one member 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 recognised more Library Associations 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.
NOTE: The above method of constitution of Zilla Grandhalaya Samstha is in accordance with our democratic system. The body is autonomous and vested with full powers. According to the Mysore Public Libraries Act, the District Collector is the Chairman. As a Library is a democratic institution, it is not Con­genial to place the officials as Chairman.
2.   Every Zilla Grandhalaya Samstha shall elect one of members to be its Chairman.
 

Term of office of members of Zilla Grandhalaya Samstha: 11. (1) Every member of a Zilla Grandhalaya Samstha not being the librarian of the City Central Library or the Librarian of the District Central Library shall hold office for a period of five years from the date of his nomination or election as the case may be;

x Provided that any such 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 or elected as the case may be;

x Inserted by Andhra Pradesh Act No. 7 of 1960.

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


x Disqualifications for being chosen as and for being a member of the Zilla Grandhalaya Samstha 11 -A. (1) A person shall be disqualified for being chosen as and for being a member of the Zilla Grandhalaya Samstha if he:-
(a)   is or has been sentenced by a criminal 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 a 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;

  1. is of unsound mind and stands so declared by a competent court;

  2. is a deaf-mute or is suffering from leprosy;

  3. applies to be adjudicated as an insolvent or is an un-discharged insolvent;

  4. absent himself from three consecutive meetings without excuse sufficient to the opinion of the Zilla Grandhalaya Samstha 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 Zilla Grandhalaya Samstha at its next meeting. Where such person applies for restoration of membership of the Zilla Grandhalaya Samstha on or before the date of its next meeting or with in fifteen days of the receipt by him of such intimation, the Zilla Grandhalaya Samstha may, at the meeting next the receipt of the application, or suo-motu, restore him as member thereof. Provided that a member shall not be so restored more than twice during his term of office.


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 Zilla Grandhalaya Samstha 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 10, and the person so nominated or elected shall hold office for the residue of the term of his predecessor;

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

 

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

  1. provide suitable lands and buildings for public libraries and  also the furniture, fittings, materials and conveniences requisite thereof ;

  2. stock libraries with books, periodicals, news papers, manuscripts, maps, works and specimens of art and science,  lantern slides,  films, cinema projectors, recorders and the like ;

x 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 Government;
Provided further that the Zilla Grandhalaya Samstha shall stock also books and periodicals as nay be directed from time to time by the Government in this behalf, the aggregate value where of shall not be less than twenty five per cent of the provision made in the budget of that Samstha for the purpose of this clause;
 

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 purchased by the Zilla Grandhalaya Samstha. The Committee is headed by the Minister for libraries, and the Director of Public Libraries is the convenor of the committee. This committee prepared the lists of books for some years, and then constituted several sub-committees for sele­cting books in different languages. These sub committees will first select the books and prepare the lists. These lists will go before the main committee. After their approval of the lists with or without any modifications, the lists will be submitted by the Director of Public Libraries to Government for approval. After the lists are approved by the Government, they will be communicated by the Director to all Zilla Grandhalaya Samsthas. This is a very lengthy procedure and involves considerable time. Secondly the book selection committee of the Zilla Grandhalaya Samsthas are not interested very much in selecting books required to the tastes, 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 Zilla Grandhalaya Samsthas for the purchase of Books. Under the Raja Rammohun Roy Library Foundation 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 service in the Stats i.e., Purchase of books, supply of cycle-rickshaws, bindings etc. Besides, the Government is also sanctioning grants to Zilla Grandhalaya Samsthas for the purchase of books.
x   Inserted by Andhra Pradesh Act No. 7 of 1969.

(c)   II ................................................................................................................
x (d) with the previous sanction of the Director, shift or close 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.
Note : The permission of the Director has to be obtained for shifting a library from one building to another. The resolution of the Zilla Grandhalaya Samstha has to he obtained for this purpose. The rent has to be fixed by the competent authority. The proposals to the Director for shifting the library shall contain the reasons for shifting it, the house numbers of the buildings, rent and resolution of the Zilla Grandhalaya Samstha. 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 Zilla Grandhalaya Samstha, 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 passed. This resolution shall be sent to the Zilla Grandhalaya Samstha and the Zilla Grandhalaya Samstha shall also pass similar resolu­tion to accept the immovable property. The Zilla Grandhalaya Samstha shall submit 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 Zilla Grandhalaya Samstha; at its cost, after the receipt of Governments 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 authorised by the Government in this behalf, acquire any library on such conditions may be approved by the Gove­rnment or an officer authorised by the Government in this behalf;

II   Omitted by Andhra Pradesh Act No. 7 of 1964,
x   Substituted by Andhra Pradesh Act. No. 7 of 1969.
xx  Inserted by Andhra Pradesh (d) Act No. 7 of 1969.
NOTE : This relates to taking over of libraries. After the ban on the creation of posts is imposed practically the taking over of libraries comes to stand still. There are several private managements who are willing to handover their libraries to Zilla Grandhalaya Samsthas. 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 Edn. dt. 17-12-69, the Government authorised 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 educational 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.


Schemes to be submitted by Zilla Grandhalaya Samsthas 14. (1} As soon as possible after a Zilla Grandhalaya Samstha is constituted and thereafter as often as may be required by the Director, every Zilla Grandhalaya Samstha shall and whenever it considers it necessary so to do, a Zilla Grandhalaya Samstha 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 Zilla Grandhalaya Samstha an opportuni­ty to make its representations, If any, in respect, of such alterations and the Zilla Grandhalaya Samstha shall there upon give effect to the scheme so sanc­tioned by him.
(2) the Director may on application by the Zilla Grandhalaya Samstha concerned, modify the scheme sanctioned under sub section (1) or replace it by a new scheme.


Executive committees and sub-committees of Zilla Grandhalaya Samsthas: 15.
(1) A Zilla Grandhalaya Samstha 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 Zilla Grandhalaya Samstha may also, from time to time appoint sub­committees to inquire in to and report or advise or any matters which it may be refer to them.
x   Inserted by Andhra Pradesh (A) Act. No, 17 of 1964.


Act of Zilla Grandhalaya Samsthas not to be invalidated by informality, etc. 16: No act of a Zilla Grandhalaya Samstha 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 Zilla Grandhalaya Samsthas 17. (1) all property acquired or held in any area by the Zilla Grandhalaya Samstha for the purpose of any public library defined in sub-clause (a) of clause (9) of Section 2 shall vest in the Zilla Grandhalaya Samstha or that area.
(2) Any immovable property required by the Zilla Grandhalaya Samstha shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and may be acquired under that Act.


Power of Zilla Grandhalaya Samsthas make bye-laws 18: (1) Subject to the provisions of this Act and the rules made there under a Zilla Grandhalaya Samstha may make bye-laws, generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters, namely:
(a)   the admission of the Public Libraries in its area on such conditions as it may specify;

  1. the guaranty 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;

  2. the manner in which the property of such property from injury misuse destruction or loss;

  3. 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 provisions of this Act, or the rules or bye-laws made there under;

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

x Provided that a Zilla Grandhalaya Samstha shall not have power to make bye-laws affecting a public library mentioned in sub-clause (2) or sub-clause (12) of Section 2;
x   inserted by Andhra Pradesh Act. No. 7 of 1969.                 

 

(3) The Director may modify or cancel any bye-law made by a Zilla Grandhalaya Samstha under sub-section (2);
x Provided that before modifying or canceling any bye-law, the Director shall give the Zilla Grandhalaya Samstha concerned a reasonable opportunity to make its representations in the matter.


xx Power of Government to remove chairman of the Zilla Grandhalaya Samstha (18-A) : (1) The Government may by notification, remove any chairman of the Zilla Grandhalaya Samstha, who in their opinion willfully omits or refuses to carry out or disobeys the provisions of this Act or the rules, bye-laws or lawful orders made there under, or abuses his position or powers vested in him.

  • 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

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

  • 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.

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


Control of the Zilla Grandhalaya Samstha by the Government   19.    If  at  anytime, it appears to the Government that a Zilla Grandhalaya Samstha has failed 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 Zilla Grandhalaya Samstha, and if the Zilla Grandhalaya Samstha 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 Zilla Grandha­laya Samstha 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.

 

xx Constitution of a Library Service for Zilla Grandhalaya Samsthas in the State (19-A) : Not withstanding anything in this Act, the Government may, by notification, constitute a Library Service for the Zilla Grandhalaya Samsthas in the State and appoint to that service such category of Librarians as may be prescribed.
x   Inserted by Andhra Pradesh Act No. 7 of 1969
xx   Inserted by Andhra Pradesh Act No. 17 of 1964.

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CHAPTER V
FINANCE AND ACCOUNTS

 

Library Cess 20. (1) (a) Every Zilla Grandhalaya Samstha 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 Zilla Grandhalaya Samstha may, with the previous sanction of the Government and shall if as directed by them, increase the rate specified in clause (d) so as not to exceed EIGHT naye paise for every rupee.
(2)    The Cess levied under sub-section (1)  shall be collected :-
x   (a)   in the twin cities of Hyderabad and Secunderabad 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 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 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 Zilla Grandhalaya Samstha concerned.

 

NOTE : While commenting on the Model Bill prepared by Government of India, late Ronganathan pointed out "The sole basis for the library Cess is made the property tax. This is an anachronism in the new tax pattern prevailing in the country. There are now more elastic sources available such as octroi, profession 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 services is met straight out of the total x   Clause (a) was substituted (b) was omitted and clause (c), (d) and (e) were re-lettered as (b), (c) and (d) in the Amended Act 17 of 1964.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 at least 6 1/4°0 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.


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 collecting the Cess properly, and there are some cases where the Cess was collected but was not remitted to the Zilla Grandhalaya Samsthas. The Zilla Grandhalaya Samstha does 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 Zilla Grandhalaya Samsthas. Most of the library staff members time is taken in going round the villages 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 Zilla Grandhalaya Samsthas 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 Zilla Grandha­laya Samstha. 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 revised rules under this clause may be have yet to be issued.


Library Fund 21. (1) Every Zilla Grandhalaya Samstha 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:

  • the Cess collected under sub-section (2) of section 20,

  • contributions, gifts and income from endowments made  to the Zilla Grandhalaya Samstha for the benefit of public libraries ;

  • special grants which the Government may make for any specified purpose connected with libraries and social education ;

(d)   funds and  other   amounts  collected   by  Zilla  Grandhalaya  Samstha under any rules or bye-laws made under this Act ;


NOTE : The other amounts mentioned in the above clause namely deposit amount collected as caution deposit from the deposit borrowers may be kept in the Post Office Savings Bank account with the permission of the Director. This is more beneficial as it fetches interest.


(3) the Government shall contribute annually to the Library Fund main­tained by every Zilla Grandhalaya Samstha 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 Education, dated 29-7-1975. Now monthly advance salary grants are sanctioned to the Zilla Grandhalaya Samsthas on the basis of audited figures of expenditure on salaries of the previous year as per G. O. Ms. No. 930 Education 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 Education dated 9-3-79. Inspite of the receipt of the finan­cial help from Government there are some Zilla Grandhalaya Samsthas 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 or grants to Grandhalaya Samsthas taking into consideration the financial position of the Samsthas.


Maintenance of accounts 22 :

(1) An account shall be kept of the receipts and expanses of Zilla Grandhalaya Samstha.
(2) The accounts shall be open to inspection, shall be subject to audit disallowance and surcharge and shall be dealt with In all other respects in such manner, as may be prescribed.

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CHAPTER VI
REPORTS, RETURNS AND INSPECTION

 

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


Inspection of Libraries 24: The Director or any person authored 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 there under are duly carried out.

 

NOTE : The Director is inspecting the office of Zilla Grandhalaya Samsthas and District Central Libraries. The District Central Librarian is inspecting the Branch libraries. The book deposit centers, the village libraries and other recognised aided libraries is inspected by the branch librarians authorised 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.

 

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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 -

  • the method of appointment, nomination, or election of members to the State Library Committee and Zilla Grandhalaya Samstha ;

  • The publication of audited statements of the accounts of Zilla Grandhalaya Samstha and of the reports of the auditors;

NOTE : On receipt of the audited reports of all Zilla Grandhalaya Samsthas 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 cyclostyled copies are taken and circulated. As this is 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 Vaviiala 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 recommendations are worth implementation. The position of the aided 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 Zilla Grandhalaya Samstha. There are several hardships and difficulties in the maintenance of State Reglstei of libra­ries and librarians as corrected and up to date particulars may not be available due to frequent changes in the staff of aided libraries, management, etc.

  1. The employment of necessary staff for the public libraries maintained by Zilla Grandhalaya Samstha 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 :

  2. The classification, methods of recruitment pay and allowances,   discipline and conduct and other conditions of service of the members of the library service onstituted under section 19-A.

NOTE : The intention of the Government in including section 19-A and above two sub-sections in the Act is to treat all the employees of Zilla Grandhalaya Samstha as Government servants. But in G. 0, Ms. No. 915 Education dated 29-7-1975, the Government stated that the services of the Zilla Grandhalaya Samstha cannot be rovincialised. But they have been given some of the benefits as enjoyed by the employees of other local bodies. The benefits granted to the Zilla Grandhalaya Samstha 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/Education,   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 Zilla Grandhalaya Samstha employees as Government servants. This may not involve any additional expenditure to the state 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 fulfill the intention of section 19-A of the Act, the High Court Judgment delivered by the High Court of Andhra Pradesh declaring Sri N. M. Reddy, a retired Secretary of Zilla Grandhalaya Samstha as Government employee and the assurances given by the Hon'bie 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 it 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 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 :


(i)   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 *.
(ii)   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 proceeding edition” of which books have been delivered under this Act, or;" (iii)   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 foe 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 -

  1. the members of the State  Library Committee or the State  Library Council, as the case maybe, and  the Zilla Grandhalaya Samstha constituted under the   said  Acts   and  holding  office   immediately before the commencement of this Act shall be deemed  to   be  respectively the members   of the  State  Library  Committee  and  Zilla Grandhalaya Samsthas 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 authorities are constituted  under this Act, whichever is later;

  2. all rules, bye-laws and regulations made under the said Acts  and in force at the commencement of this Act, shall so far as new rules, bye-laws and regulations are not inconsistent with   the  provisions of this Act, continue  to   be   in force 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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