The Andhra Pradesh Public Libraries (Amendment) Act, 1987

1. (1) This Act may be called the Andhra Pradesh Public Libraries (Amendment) Act, 1987.
2. (2) It shall come into force on such date as the State Government, may, by notification in the Andhra Pradesh Gazette-appoint.

After section 12 of the Andhra Pradesh Public Libraries Act, 1960, the following section shall be inserted, namely:- 12-A.

1. (1) Where, for any reason, there is a delay in the constitution of the Committee in accordance with the provisions of section 3 or the constitution of the Zilla Grandhalaya Samstha for the twin cities of Hyderabad and Secunderabad under sub-section
2. (1) of section 10 or the Zilla Grandhalaya Samstha for the District under sub-section
3. (2) of section 10 or the nomination of the Chairman of the Zilla Grandhalaya Samstha under sub-section
4. (3) of section 10, the Government may appoint a person or persons to manage the affairs of the Committee or of the Zilla Grandhalaya Samstha or to perform the functions of the Chairman, as the case may be, for a period not exceeding six months and, they 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.
5. (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, discharge the duties and perform the functions of the Committee or of the Zilla Grandhalaya Samstha and its Chairman, as the case may be, and take all such action as may be required in the interests of the Zilla Grandhalaya Samstha.
6. (3) The Government may fix the remuneration payable to the person or persons so appointed. The amount of such remuneration and other costs, if any, incurred in the management of the Zilla Grandhalaya Samstha shall be payable out of the Library Fund.

After section 8 of the Principal Act, the following section shall be inserted, namely:- 8A.

1. (1) The Government may, at any time, create such number of posts of Librarians for City Central Library, Hyderabad and for the District Central Library, as they may consider necessary, for carrying out the purposes of this Act.
2. (2) All appointments to the posts of Librarians created under sub-section
3. (1) and the terms 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 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.
4. (3) The Government shall pay, out of the Consolidated Fund of the State, the salaries, allowances, Leave allowances, pension and contributions, if any, towards the Provident Fund or Pension-cum-Provident Fund of the Librarians referred to in sub-section (1).
5. (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
6. (1) shall be regulated in accordance with 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 of India.
7. (5) Every holder of the post 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 relating to the recruitment and conditions 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.
8. (6) The Government may, from time to time, by order give such directions to any Zilla Grandhalaya Samstha or Director, as may appear to them to be necessary for the purpose of giving effect to the provisions of this section; and any Grandhalaya Samstha or Director, as the case may be, shall comply with all such directions.

For section 10 of the Principal Act the following section shall be substituted, namely:-- 10.

1. (1) The Zilla Grandhalaya Samstha for the cities of Hyderabad and Secunderabad shall consist of the following members, namely:--
   • (a) three members nominated 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 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-officio;
   • (f) the District Public Relations Officer, Hyderabad, Ex-officio;
   • (g) the Librarian, City central Library, Hyderabad, Ex-officio, who shall be the Member-Secretary.
2. (2) The Zilla Grandhalaya Samstha for each District shall consist of the following members, namely:--
   • (a) three 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 Districts;
   • (c) One member nominated by the Government from among the Councillors of either Municipal Corporations or the Municipalities of the District;
   • (d) Two members nominated by the Government from among the Presidents of Mandal Panchayats in the District concerned;
   • (e) the District Educational Officer of the District concerned Ex-officio;
   • (f) the Deputy Director of the Adult Education incharge of the District concerned, Ex-officio;
   • (g) the District Public Relations Officer of the district concerned, 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. (3) The Government shall nominate one of the non-official members as the Chairman of the Zilla Grandhalaya Samsthas.

For section 11 of the Principal Act, the following section shall be substituted, namely:-- 11.

1. (1) Every member of a Zilla Grandhalaya Samstha not being an ex-officio member shall hold office for a period of three years from the date of his nomination.
2. (2) A member nominated to the Zilla Grandhalaya Samstha in his capacity as a holder of particular office shall, if he ceases to be the holder of that office, cease to be a member of the Zilla Grandhalaya Samstha.
3. (3) Save as otherwise provided in this Act, the term of office of the Chairman of a Zilla Grandhalaya Samstha shall be three years from the date of his nomination as Chairman. The Chairman shall, however, cease to hold office, before the expiration of such term on his ceasing to be a member of the Zilla Grandhalaya Samstha.

In section 11-A of the Principal Act, in Sub-section

1. (1) and in the marginal heading the words "for being chosen as and", shall be omitted.

In section 12 of the Principal Act, the words "for elected" in the two places where they occur and the words "or election as the case may be", shall be omitted.

A. The Member-Secretary shall be the Chief Executive of the Parishad and shall exercise the following powers and perform the following functions, namely :--

1. (1) implement all the policies and programmes of the Parishad;
2. (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 Zilla Grandhalaya Samsthas;
3. (3) to deal with all the administrative matters pertaining to appointments, postings, transfers, promotions and disciplinary action of the staff of Parishad and Zilla Grandhalaya Samsthas;
4. (4) run the day-to-day administration of the Parishad and conduct its financial and administrative transactions;
5. (5) be the custodian of the finances of the Parishad;
6. (6) prepare and present the audited statements of accounts and utilisation certificates to the Parishad for its approval;
7. (7) obtain audited statements of accounts of all the Zilla Grandhalaya Samsthas and place them before the Parishad for its approval along with utilisation certificates; and
8. (8) recommend administrative and financial sanctions for the creation of the posts of Officers and the other employees for the performance of functions of the Parishad.

B. Any vacancy occurring in the office of the Chairman or as the case may be of the member of the Parishad before the expiration of the term shall be filled by nomination of another person in the manner provided in section 3 and the person so nominated shall hold office for the residue of the term of his predecessor.

C.

1. (1) The Parishad shall have its own funds, consisting of:-
   • (a) the grants made by the State Government;
   • (b) all moneys received by or on its behalf under the provisions of this 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 on behalf of the Parishad from 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 Zilla Grandhalaya Samsthas as may be required for specific purposes as provided under the Act or as per the instructions of the Government, from time to time.
2. (2) All moneys belonging to the Parishad shall be deposited in such banks or invested in such manner as may be prescribed.
3. (3) The Parishad may spend such sums as it may deem fit for performing its functions under the Act and such expenditure shall be treated as expenditure payable out of this fund.

D. The Government may, at any time after the constitution of the Parishad transfer to it any properties of the public libraries along with the staff on such terms and conditions as it may deem proper.

E. The Parishad shall function under the general supervision and control of the Government and the Government shall have power to give such directions as it may deem fit from time to time and may review the actions of the Parishad".

In section 19 of the principal Act,--

1. (i) for the words "a Zilla Grandhalaya Samstha", the words "the Parishad or as the case may be a Zilla Grandhalaya Samstha" and for the words "the Zilla Grandhalaya Samstha", wherever they occur the words "the Parishad or as the case may be the Zilla Grandhalaya Samstha" shall respectively be substituted;
2. (ii) in the marginal heading for the words "the Zilla Grandhalaya Samstha", the words "the Parishad or the Zilla Grandhalaya Samstha" shall be substituted.

In section 21 of the principal Act,--

1. (i) in sub-section (I), after clause (d), the following clause shall be added, namely:-- "(e) grants, released by the Government from time to time";
2. (ii) sub-section

1. (2) shall be omitted.

In section 22 of the principal Act, for the words "each Zilla Grandhalaya Samstha", the words "the Parishad and each Zilla Grandhalaya Samstha" shall be substituted.

In section 23 of the principal Act, for the words "the Director or any person authorised by him in this behalf as the Director" the words "the Parishad or any person authorised by it in this behalf in such manner as the Parishad", shall be substituted.

In section 24 of the principal Act, for the words "The Director or any person authorised by him", the words "The Parishad or any person authorised by it", and for the words "for the purpose of satisfying himself" the words "for the purpose of satisfying itself" shall respectively be substituted.

After section 24 of the principal Act, the following section shall be inserted, namely:-- 'Establishment of a Vigilance and Audit cell. 24-A. There shall be established by the Parishad a separate accounts, inspection, vigilance and audit cell to look after the accounts, inspection and vigilance and audit work of the Department of the Public Libraries in the manner and with such officers as may be prescribed.

In section 25 of the principal Act, in sub-section (2), for clause (a), the following clause shall be substituted, namely:-- "(a) the method of appointment and the nomination of members to the Parishad and the Zilla Grandhalaya Samsthas".

On and from the date of commencement of the Andhra Pradesh Public Libraries (Amendment) Act, 1989, the Chairman and