ANDHRA PRADESH
PUBLIC LIBRARIES (AMENDMENT) ACT, 1969 THE ANDHRA PRADESH PUBLIC LIBRARIES
(AMENDMENT) ACT, 1969 [Act No. 07 of 1969] [18th January, 1969] An Act further to amend the Andhra Pradesh
Public Libraries Act, 1960. Be It
Enacted By The Legislature Of The State Of Andhra Pradesh In The Nineteenth
Year Of The Republic Of India, As Follows:-- This
Act may be called the Andhra Pradesh Public Libraries (Amendment) Act, 1969. In the
Andhra Pradesh Public Libraries Act, 1960 (hereinafter referred to as the
principal Act), for the words "Local Library Authority", and
"Local Library Authorities", wherever they occur, the words
"Zilla Grandhalaya Samstha" and "Zilla Grandhalaya
Samsthas" shall respectively be substituted. For
sub-section (2) of section 3 of the principal Act, the following sub-section
shall be substituted, namely:-- The Committee shall consist of-- (a)
The Minister in-charge of Education, who
shall also be the Chairman of the Committee; (b)
the Secretary to Government in the Education
Department; (c)
the Secretary to Government in the Health,
Housing and Municipal Administration Department; (d)
the Director of Public Libraries, who shall
also be the Secretary of the Committee; (e)
the Director of Public Instruction; (f)
the Director of Municipal Administration; (g)
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; (k)
eight persons nominated by the Government as
follows:-- (l)
one from among the members of the Hyderabad
City Grandhalaya Samstha; (m)
one from among the members of the Zilla
Grandhalaya Samsthas in each University area in the State; (n)
one person who had rendered outstanding
service to the cause of libraries; (o)
one person with special knowledge of matters
relating to the public libraries in the State; (p)
two District Central Librarians". For
section 4 of the principal Act, the following section shall be substituted,
namely:-4. "Term of office
of certain members of the Committee.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". In
section 5 of the principal Act, for the words "nominated, elected or
co-opted", in the two places where they occur, the words "nominated
or elected", and for the words "nomination, election or
co-option" the words "nomination or election" shall be
substituted. In
section 8 of the principal Act-- (a)
in the opening paragraph, for the words
either appoint a separate Director for that Department or appoint the Director
of Public Instruction to be the Director of Public Libraries in charge of the
Department", the words "appoint a Director for that Department"
shall be substituted. (b)
in clause (e), the words "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" shall be added at the end; (c)
after clause (i), the following clause shall
be inserted, namely:-- 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". For
sub-section (1) of section 9 of the principal Act, the following sub-section
shall be substituted, namely:-- "(1) For the purposes of organising and
administering public libraries in the State, there shall be constituted Zilla
Grandhalaya Samasthas, 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." In
section 10 of the principal Act:-- (i)
in sub-section (1)? (i)
in clause (a), for the words "citizens"
the words "residents" shall be substituted; (ii)
in clause (b), for the words "six
members elected from among themselves by the members of the governing bodies of
the public libraries", the words "two members elected from among
themselves by the presidents of the governing bodies of the public
libraries" shall be substituted; (ii)
for sub-section (2), the following
sub-section shall be substituted, namely:-- The Zilla Grandhalaya Samstha for
each district shall consist of the following members, namely:-- (iii) 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 headmaster or headmistress of a secondary school in
the district; (iv)
two persons who have rendered eminent service
in the field of education or public libraries; (iv)
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), (b) and (c) of clause (9) of section 2 in each
revenue division in the district; (v)
one member elected from among themselves by
the Sarpanchas of gram panchayats in each taluk in the district; (vi)
one member elected from among themselves by
the councillors of the council of every municipality in the district; (vii) two members nominated by the district branch of the
Andhra Pradesh Library Association; (viii) the Librarian, District Central Library, who shall also
be the Secretary of Zilla Grandhalaya Samstha." In
sub-section (1) of section 11 of the principal Act, for the words "three
years", the words "five years" shall be substituted and the
following proviso shall be added at the end, namely:-- "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". After
section 11 of the principal Act, the following section shall be inserted,
namely:-11-A. "Disqualification
for being chosen as and for being a member of the Zilla Grandhalaya Samstha (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 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; (b)
is of unsound mind and stands so declared by
a competent court; (c)
is a deaf-mute or is suffering from leprosy; (d)
applies to be adjudicated as an insolvent or
is an undischarged insolvent; (e)
absents himself from three consecutive
meetings without excuse sufficient in 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 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 during his term of
office." In
sub-section (1) of section 13 of the principal Act:-- (i)
to clause (b), the following provisos shall
be added, namely:-- "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 Samastha shall stock also books and
periodicals as may be directed, from time to time, by the Government or by an
officer authorised by the Government in this behalf, the aggregate value
whereof 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;" (ii)
for clause (d), the following clause shall be
substituted, namely:-- with the previous sanction of the Director, shift or
close any public library mentioned in sub-clause (a) of clause (9) of section
2, or discontinue aid to any other public library, the payment of which is
regulated by rules made under this Act;" (iii) ?in clause (g) for
the word "Government" in the two places where it occurs, the words
"Government or an officer authorised by the Government in this
behalf," shall be substituted; (iv)after clause (h), the following clause shall be inserted,
namely:-- 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." After
section 18 of the principal Act, the following section shall be inserted,
namely:--18-A. "Power of
Government to remove Chairman of the Zilla Grandhalaya Samstha. (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. (2)
The Government shall, when they propose to
remove a chairman under sub-section (1), give the chairman concerned an
opportunity for explanation, and the notification issued under the said
sub-section shall contain a statement of the reasons of the Government for the
action taken. (3)
The Government shall have power to review any
order of removal published under sub-section (1) and pending such review to
stay such order. (4)
Any person removed under sub-section (1) from
the office of the chairman shall not be eligible for re-election to the said
office for a period of three years from the date of his removal." In
sub-section (2) of section 20 of the principal Act,-- (i)
for clauses (b) and (c), the following
clauses shall be substituted, namely:-- (ii)
in an area within the jurisdiction of a municipal
council, by such council; (iii) in an area within the jurisdiction of a gram panchayat,
by the gram panchayat;" (iv)
in clause (d), for the words "not
included within the jurisdiction of municipal council or municipal committee or
a panchayat," the words "not included within the jurisdiction of a
municipal council or a gram panchayat" shall be substituted. (v)
in sub-section (3), after the words
"shall be paid" the words "in such manner as may be
prescribed" shall be inserted. In
sub-section (2) of section 25 of the principal Act,-- (i)
in clause (a), the word "co-option"
shall be omitted; (ii)
after clause (f), the following clause shall
be inserted, namely:-- (iii) the recognition of the library associations and
regulation of grants to such associations". Section
26 of the principal Act shall be omitted.
Preamble - ANDHRA PRADESH PUBLIC LIBRARIES
(AMENDMENT) ACT, 1969PREAMBLE