Chapter IV THE ZILLA GRANDHALAYA SAMASTHAS.

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

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

(a) the method of appointment and the nomination of members to the Parishad and the Zilla Grandhalaya Samsthas;

(b) the publication of audited statements of the accounts of Zilla Grandhalaya Samsthas 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;

(e) the employment of necessary staff for the public libraries maintained by a Zilla Grandhalaya Samstha and for regulating the classification, 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 the members of the Library Service constituted under section 19-A;

(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 in the rule 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.

(1) An account shall be kept of the receipts, and expenses of the Parishad and each 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.

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 Parishad or as the case may be the Government as they may, from time to time, require.

The Parishad or any person authorised by it in this behalf may inspect any public library or any institution attached thereto for the purpose of satisfying itself that the provisions of this Act and the rules and bye-laws made thereunder are duly carried out.

The Press and Registration of Books Act, 1867 (Central Act 25 of 1867) shall, in its application to the State of Andhra Pradesh, be 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:—

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

(iii) in section 11, for the first sentence the following sentence shall be substituted, namely:—

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

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

(2) Notwithstanding such repeal—

(a) the members of the State Library Committee or the State Library Council, as the case may be, and the Local Library Authorities 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 the Local Library Authorities 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;

(b) all rules, bye-laws 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 inconsistent 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 and regulations 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.

Term of office of members of a Zilla Grandhalaya Samstha and its Chairman. Disqualification 29 [xxx] for being a member of the Zilla Grandhalaya Samstha.

[Act No. VIII of 1960] 17

offence involving moral delinquency, such sentence not having been reversed 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. (b) is of unsound mind and stands so declared by a competent court;
2. (c) is a deaf-mute or is suffering from leprosy;
3. (d) applies to be adjudicated as an insolvent or is an undischarged insolvent;
4. (e) absents himself from three consecutive meetings without excuse sufficient in the opinion of the Zilla Grandhalaya Samstha to exonerate the absence.

1. (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 to the Zilla Grandhalaya Samstha on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the Zilla Grandhalaya Samstha may, at the meeting next after 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 30 [during the period he holds office.]

Filling up of casual vacancies of the members of the Zilla Grandhalaya Samstha. Management of the Zilla Grandhalaya Samstha in the absence of the 33 [Parishad].

[Act No. VIII of 1960] 19

1. (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.]

³⁷ Omitted by Act No.17 of 1964.

substituted by Act No.11 of 1989. Powers and functions of Zilla Grandhalaya Samstha

20 [Act No. VIII of 1960]

38[(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 dis-continue aid to any other public library, the payment of which is regulated by rules made under this Act;]

1. (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;
2. (f) provide for lectures and the holding of classes and conduct other activities connected with public library service including social education;
3. (g) with the consent of the management and the previous sanction of 38[ 39[the Parishad] or an officer authorised by 39[the Parishad] in this behalf] acquire any library on such conditions as may be approved by 38[ 39[the Parishad] or an officer authorised by 39[the Parishad] in this behalf;]
4. (h) distribute grants for public libraries, and social education purposes; 40[(h-1) with the previous approval of the Director, organise, or participate in, conferences for the discussion of matters relating to the development of public libraries and the library service;]

³⁸ Substituted by Act No.7 of 1969.

Powers and functions of Zilla Grandhalaya Samstha

20 [Act No. VIII of 1960]

38 [(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 dis-continue aid to any other public library, the payment of which is regulated by rules made under this Act;]

1. (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;
2. (f) provide for lectures and the holding of classes and conduct other activities connected with public library service including social education;
3. (g) with the consent of the management and the previous sanction of 38 [ 39 [the Parishad] or an officer authorised by 39 [the Parishad] in this behalf] acquire any library on such conditions as may be approved by 38 [ 39 [the Parishad] or an officer authorised by 39 [the Parishad] in this behalf;]
4. (h) distribute grants for public libraries, and social education purposes; 40 [(h-1) with the previous approval of the Director, organise, or participate in, conferences for the discussion of matters relating to the development of public libraries and the library service;]

⁴⁰ Inserted by Act No.7 of 1969.

substituted by Act No.11 of 1989.

[Act No. VIII of 1960] 21

1. (i) in general, do everything necessary to carry out the provisions of this Act. 41[(2) Nothing in sub-section (1) shall apply to a library maintained by the Government.]

14. (1) As soon as possible after a Zilla Grandhalaya

Samstha is constituted, and thereafter as often as may be required by

42[the Parishad], 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

42[the Parishad] for sanction.

42[The Parishad]

may sanction it with such alterations, if any,

Samstha an opportunity to make its representations, if any, in respect of such alterations and the Zilla Grandhalaya Samstha shall thereupon give effect to the scheme

44[so sanctioned by the Parishad].

(2)

42[The Parishad] may on application by the Zilla Grandhalaya Samstha concerned, modify any scheme sanctioned under sub-section (1) or replace it by a new scheme.

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

[Act No. VIII of 1960] 21

1. (i) in general, do everything necessary to carry out the provisions of this Act. 41 [(2) Nothing in sub-section (1) shall apply to a library maintained by the Government.]

42. For the words ―the Director‖ the words ―the Parishad‖ substituted by Act No.11 of 1989.

Act No.11 of 1989.

think fit‖ substituted by Act No.11 of 1989.

the Parishad‖ substituted by Act No.11 of 1989. Schemes to be submitted by Zilla Grandhalaya Samsthas. Executive Committees, Sub-Committees of Zilla Grandhalaya Samsthas.

22 [Act No. VIII of 1960]

library cess, to borrow money, to dispose of immovable property, and to pass the budget, accounts and the audit and annual reports.

1. (2) A Zilla Grandhalaya Samstha may also, from time to time, appoint sub-committees to inquire into and report or advise on any matters which it may refer to them.

16. No act of

45[the Parishad or 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.

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 of that area.

1. (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.

18. (1) Subject to the provisions of this Act and the rules

made thereunder, a Zilla Grandhalaya Samstha may make bye-laws, generally to carry out the purposes of this Act.

1. (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 to the public libraries in its area on such conditions as it may specify: Act of Parishad or Zilla Grandhalaya Samsthas not to be invalidated by informality, etc. Vesting of properties in Zilla Grandhalaya Samsthas. Power of Zilla Grandhalaya Samsthas to make bye-laws.

⁴⁵ Substituted by Act No.11 of 1989.

[Act No. VIII of 1960] 23

Provided that no fees shall be charged for such admission;

1. (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;
2. (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;
3. (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 or the rules or by-laws made thereunder;

46[(e) Zilla Grandhalaya Samsthas shall meet once in

three months. 1/3rd of the existing Members are necessary to constitute a quorum at the Meeting:

Provided that a Zilla Grandhalaya Samstha shall not have power to make any bye-laws affecting a public library mentioned in sub-clause (11) or sub-clause (12) of section 2.]

1. (3) The Director may modify or cancel any bye-law made by a Zilla Grandhalaya Samstha under sub-section (2): Provided that before modifying or cancelling any bye- law, the Director shall give the Zilla Grandhalaya Samstha concerned a reasonable opportunity to make its representations in the matter. 21.12.2015.

⁴⁶ Substituted by G.O.Ms.No.35, SE (Training) Department, dated

24 [Act No. VIII of 1960]

47[18-A. (1) The Government may, by notification, remove any chairman of the Zilla Grandhalaya Samstha, who in their opinion wilfully omits or refuses to 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.

1. (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.
2. (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.
3. (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. If, at any time, it appears to the Government that 48[the Parishad or, as the case may be 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 48[the Parishad or as the case may be the Zilla Grandhalaya Samstha], and if 48[th e Parishad or as the case may be the Zilla Grandhalaya Samstha] omits to remedy such failure, excess or abuse or to give a satisfactory explanation therefor within such time as the Government may fix in this behalf, the Government may the marginal heading by Act No.11 of 1989. Power of Government to remove Chairman of the Zilla Grandhalaya Samstha. Control of the Parishad or a Zilla Grandhalaya Samstha by the Government.

⁴⁷ Inserted with marginal heading by Act No.7 of 1969.

⁴⁸ Substituted for the words ―a Zilla Grandhalaya Samstha‖ including in

49[the parishad or as the

case may be 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 period as they may think fit or direct that it be reconstituted.

50[19-A.Notwithstanding 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.]

21.12.2015.

24 [Act No. VIII of 1960]

47 [18-A. (1) The Government may, by notification, remove any chairman of the Zilla Grandhalaya Samstha, who in their opinion wilfully omits or refuses to 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.

1. (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.
2. (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.
3. (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.]

the marginal heading by Act No.11 of 1989. Power of Government to remove Chairman of the Zilla Grandhalaya Samstha. Control of the Parishad or a Zilla Grandhalaya Samstha by the Government.

49 [the parishad or as the

case may be 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 period as they may think fit or direct that it be reconstituted.

50 [19-A.Notwithstanding 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.]

No.11 of 1989.

Constitution of a Library Service for Zilla Grandhalaya Samsthas in the State. Library Cess.

26 [Act No. VIII of 1960]

52 [ 53 [(b)] in an area within the jurisdiction of a municipal council, by such council;

52 [(c)] in an area within the jurisdiction of a gram panchayat, by the gram panchayat;]

52 [(d)] in an area in a district 54 [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.

1. (3) The cess collected under sub-section (2) shall be paid 55 [in such manner as may be prescribed] to the Zilla Grandhalaya Samstha concerned.