LexThe KERALA PUBLIC LIBRARIES (KERALA GRANTHASALA SANGHOM) ACT, 19891
Kerala · state statute
Open in Lexace · Ask the AI about this actKERALA GAZETTE. EXTRA ORDINARY PUBLISHED BY AUTHORITY Vol. XXXVI Thiruvananthapuram, Friday 15th February 1991N o 197. 26" Magha 1912 GOVERNMENT OF KIERALA Higher Education (A) Department NOTIFICATION -1 No. 22370 / A3 / 89 / H.Edn. Dated, Thiruvananthapuram, 14th February, 1991. S.R.O. No. 204 /91 - In exercise of the powers conferred by section 40 of the Kerala Public Libraries (Kerala Granthasala Sanghom) Act, 1989 (15 of 1989) the Government of Kerala hereby make the following rules, the same having been previously published as required by sub-section (1) of the said section, namely:- The Kerala Public Libraries (Kerala Grandhasala Sanghom) Rules 1991 CHAPTER I Preliminary Short title and extent - (1) These rules may be called the Kerala Public Libraries (Kerala Grandhasala Sanghom) Rules, 1991. (2) They shall come into force on the 15" day of February 1991. Definitions - In these Rules, unless there is anything repugnant in the subject or context - (a) 'Act' means the Kerala Public Libraries (Kerala Granthasala Sanghom) Act, 1989 (Act 15 of 1989): S -1- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 19/288 (b) "approved candidate" means a candidate, whose name appears in an authoritative list of candidates approved for appointment to any service, class, category or grade; (c) approved probationer" in a service, class, category or grade means a member of that service, class, category or grade who has satisfactorily com- pleted his probation and awaits appointment as a full member of such ser- vice, class, category or grade; (d) "discharge of a probationer" means in case the probationer is a full member or an approved probationer of any service, class, category or grade reverting him to such service, class, category or grade and in any other case dispensing with his service under the State Library Council / District Li- brary Council / Taluk Library Union; (e) "clear day" means the number of days to be countess excluding first and last days; (f) a person is said to be on "duty" as a member of service - when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service; or when he is on joining time; or when he is absent from duty during vacation or on authorised holi- days or on casual leave taken in accordance with the instructions regulating such leave issued by the State Library Council, District Library Council, Taluk Library Union, as the case may be, having been on duty inmiediately before and immediately after such ab- sence; or when he is on deputation, during his period of probation for train- ing or for acquisition of higher or additional qualifications in public interest; or when he is waiting for posting orders after reporting for duty; or when he is given the benefit of notional promotion consequent on revision of rank and seniority. (g) "disciplinary authority" in relation to the imposition of penalty on an employee of the State Library Council, District Library Council, Taluk Library Union, as the case may be, means the authority competent under these rules to impose on him that penalty; 2- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 20/288 "employee" means a person in the service of State Library Coun- cil, District Library Council or Taluk Library Union: "full member" of service means a member of that service who has been appointed substantively to a permanent post bone on the cadre thereof; U) "fund" means the Pension and Gratuity established and maintained by the State Library Council; (k) "family" means family as defined in the Kerala Service Rules; (1) "member of service" means a person who has been appointed to that service and who has not retired or resigned, been removed or dis- missed, been substantively transferred or reduced to another service, or been discharged otherwise than for want of vacancy. He may be a proba- tioner, an approved probationer or a full member of that service; (m) "promotion" in a service means a member of the service who has not completed his probation; (n) "promotion" means the appointment of a member of any category or grade of a service or a class of service to higher category, or grade of such service or class; - (o) a candidate is said to be "retruited direct" to a service, class, cat- egory or post when on the date of notification inviting applications for the recruitment he is not in the service of the State Library Council / District Library Council I Taluk Library Union; Provided that for the purpose of this definition a person who has been appointed on foreign service terms shall not be deemed to be a direct re- cruit; if a period of five years has not elapsed since his first appoint- ment to a service under the State Library Council / District Library Council / Taluk Library Union; and if he belongs to the Scheduled Castes, Scheduled Tribes or Other Backward Class. (p) a candidate is said to be "recruited by transfer" to a service if at the time of the first appointment thereto he is a full member or an approved probationer in another service; (q) "Secretary of the State Library Council" means the Secretary of the Kerala State Library Council elected by the elected members of the State Executive Committee; n -3- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 21/288 0 "Secretary of the District Library Council" means the Secretary of the District Library Council elected by the elected members of the District Library Council; "Secretary of the Taluk Library Union" means the Secretary of the Taluk Library Union elected by the Members of the Taluk Library Union. The Words and expressions used and but not defined in these rules shall have the meaning respectively assigned to them in the Kerala Public Libraries (Kerala Grandhasala Sanghom) Act 1989, or in the Kerala Service Rules Part I, II, III or in the Interpretation and General Clauses Act, 1125. CHAPTER II Affiliation of Libraries Conditions for affiliation of Libraries - No Library shall be affili- ated to this State Library Council under sub-section (1) of Section 28 of the Act, miless - an application for affiliation has been made in from No. 1 in tripli- cate. the library has been functioning for a period of not less than one year prior to the date of application; the library has a minimum of fifty members as per rules adopted by the general body of the library; the library has a minimum of one thousand books, fifty per cent of which shall be from the approved list of the State Library Council, the cost of which shall not be less than Rs. 5,000, at the aggregate; the library is situated beyond 2 kilometers from an existing affili- ated library; Provided that the State Library Council may with the recommendation of the Taluk Library Union relax this condition in accordance with the den- sity of population in the area; the library has the minimum storage facilities for safe keeping of the books, periodicals and other records, accommodate reading room with necessary furniture for the reading public; the library has a building of its own or rented with not less than 15 square meters space; the membership in the library is open to all irrespective of religion, race, caste, creed or sex: fl HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 22/288 Provided that special provisions may be made for women and children and members of Scheduled Castes and Scheduled Tribes. (i) the library is subscribing to a minimum of three dailies and six cur- rent periodicals; U) the library has a librarian in charge of its functions who shall be a fhll employee or person elected from the members as per the bye-laws of the library; (k) the library has been issuing a minimum of two thousand books an- nually to its members; (m) the library has a name board and common seal. 5. Mode of applying for affiliation and admission by the State Library Council - (1) Every library applying for affiliation shall pay Rs. 50 along with an application: The application as provided in sub-rule (1) shall be submitted to the Secretary, Taluk Library Union of the Taluk in which the library is situated. The Taluk Library Union after conducting enquiry and satis,'ing the conditions prescribed for giving affiliation to the library may recom- mend the application to the State Library Council through the District Li- brary Council. The State Library Council, on receipt of the application duly rec- ommended by the Taluk Library Union and the District Library Council; after due consideration may grant affiliation to the library and on such affili- ation being granted the library shall be treated as an affiliated library. Nothing contained in these rules shall apply to the libraries deemed to be affiliated to the State Library Council under Section 45 of the Act. 6. Time Limit to process application for affiliation - (1) An applica- tion for affiliation shall be disposed of by the respective bodies as men- tioned in the Act and in the rules within a period of one month. The decision shall be communicated to the Library with copy endorsed to the District Library Council and the Taluk Library Union. The State Library Council shall issue the certificate of affiliation in form No. II. Each library shall be assigned a code No. consisting of a com- mon serial number and numbers litters indicating the District and the Taluk. The Taluk Library Union, the District Library Council and the State Library Council shall keep registers showing the details of all affiliated li- -5- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 23/288 braries coming under their jurisdiction. 7. Appeal against the decision of the TalukLibraiy Unions - (1) Any decision of the Taluk Library Union rejecting the application for affiliation to a Library shall be communicated to the affected partly in writing within seven days from the date of such decision. An appeal against such decision shall be filed by the aggrieved per- son to the State Library Council through the District Library Council within thirty days. The State Library Council may, pass such order on the appeal as it, may deem fit after obtaining the opinion of the District Library Council. An order passed by the State Library Council under sub-rule (2) shall be final. 8. Maintenance ofRegisters and Records - Every library shall maintain the following records duly approved by the State Library Council, namely;- Bye-laws; Admission form; Stock Register; Issue register of books; Minutes books; (1) Subscription register; Receipt Book; CashBook; Ledger; U) Voucher file; (k) monthly statement register; (1) Act and Rules Governing the library service; Visitors diary; and Any other records as may be prescribed by State Library Council. 9. Bye-laws - (1) Every library should have bye-lows Rules duly ap- proved by the State Library Council. (2) The bye-laws rules as mentioned in sub-rule (1) shall be in accor- dance with the Act and the Rules. In case any existing Rules Regulation or the bye-laws of the library are contrary to the provisions of the Act and Rules, such Rules Regulation or bye-law shall be deemed to be without force and the State Library Council fl HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 24/288 shall have the power to direct the library instructions issued to it by the State Library Council. 10. Power to withdraw the affiliation - (1) Notwithstanding any provi- sion contained in the rules bye-laws regulations of an affiliated library, the State Library Council shall be competent to take suitable .steps to take over by itself the effects, assets and liabilities, if any of such library or direct that such effects, assets and liabilities shall be taken over by the Taluk Library Union within the area of which the Library is situated when it is found that- the library has ceased to ffinqtion and is not in a position to get it revived; or its functioning is such that taking over of the assets etc., is abso- lutely necessary to protect the interests of the members; (2) Action as per sub-rule (1) shall not be finalised unless reasonable opportunity is given to the committee of the library to explain why such an action shall not be finalised. - 11. Responsibility of the officer or committee administering the library to deliver the property of the defunct library to the State Library - The Of- ficer or committee administering the library shall on the date of taking over of the library hand over all the assets, records and other materials of the library to the State Library Council or the Taluk Library Union as the case may be and if the person does not to do so, he can be proceeded against by the State Library Council. CHAPTER III Election to the Various Bodies 12. Affiliation of existing Libraries - (1) All the Libraries affiliated to the Grandhasala Sanghom and the Public Libraries established or maintained by a Local Library Authority in erstwhile Malabar area, under the provi- sions of the Madras Public Libraries Act, 1948 (Madras Act XXIV of 1948) and the Libraries which are not affiliated to the Grandhasala Sanghom but which receive grant direct from the Government as well as the State Librar- ies shall within such period as may be specified by the Control Board of the Grandhasala Sanghom furnish the details as required in From No. 50 to the Control Board. (2) The State Library Council shall collect the details of all the libraries affiliated or deemed to be affiliated to it in Form No. 50 as and when they require: S -7- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 25/288 13. Election to the Executive Committee of affiliated libraries - (1) Every affiliated library shall be managed by an executive committee duly elected by the members of the library. The election to the executive committee of the library shall be con- ducted in the manner prescribed in the bye-laws of the libraries. The term of the executive committee shall be three years. The election to the executive committee shall be conducted before the date of expiry of the outgoing committee so as to enable the newly elected committee to take charge of the Management of the library. 14. Constitution of Taluk Library Unions - (1) There shall be one Taluk Library Union for each Revenue Taluk. The areas may be notified in the Gazette by Government in this be- half. Each Taluk Library Union shall be situated as far as possible at a place convenient to the Public and representatives of the affiliated libraries. 15. Eligibility to vote in the elections - (1) Every affiliated library is en- titled to elected two representatives to the Taluk Library Union in the manner hereinafter prescribed. $ (2) The Returning Officer for the purpose shall be appointed by the Taluk Library Unions; Provided that the Returning Officer for the first election after the com- mencement of the Act shall be appointed by the Board of Control of the Kerala Grandhasala Sangham. 16. Persons to be appointed as Returning Officer - (a) The following per- sons shall be eligible for appointment as Returning Officer by the Taluk Li- brary Unions: Headmasters of High Schools. Executive Officers of Local Bodies. Advocates. Any Officer not below the rank of class III of State Government. (b) The membership of the Library shall not be a disqualification to be appointed as a returning officer but he shall not hold any office in the library. 17. Within sixty days before the expiry of the term of office of Taluk Library Unions the Returning Officer shall by notice require the libraries in the Taluk to furnish a list of names of the registered membersof the libraries fl HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 26/288 within fifteen days from the date of the notice. The Returning Officer shall publish the list of members of each li- brary separately in the respective notice boards of the library calling for objection, if any, to be filed within 5 days of the publication of the lists; and the objections, if any received within the time limit, specified shall be con- sidered and final list published before 30 days of an election. The notice of the meeting under rule 15 (2) shall be sent to the re- spectively libraries for publication on the notice board and also for circula- tion shall be served in person getting their signature in token of having re- ceived it or by sending it under certificate of posting or by publication in two local dailies or by publication in the notice board of the library, local bodies panchayath I village office and such other public offices. A copy of the notice may be published in the notice board of the Taluk Library Union. The notice for the meeting shall contain - (a) The number of mem- bers to be elected as representatives; the date, on which the place at which and the hours between which nomination papers shall be filed by the candidates such date being not less than 10 clear days before the date of election; the date on which the place at which and the hours between which the pointing. (i) The nomination of a candidate for election shall be made in form No.3 A; every nomination paper shall be signed by two members whose names are included in the list referred to in rule 18 one member shall sign the form as proposed and the other as seconder for nomi- nation. The nomination paper shall also contain a declaration signed by the candidate proposed that he is willing to stand for election; every nomination paper shall be presented in person to the return- ing officer by the candidate himself or by his proposer or seconder before the date and hour specified in the notice referred to in clause (ii); (iv)the Returning Officers shall enter on the nomination paper its serial number and certi' the date and hour at which the nomination paper is received by him and also immediately acknowledge the receipt of the nomination paper; -9- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 27/288 S (e) (i) the day following the date fixed for the receipt of nomination papers, the Returning Officer shall take up the scrutiny of the nomi- nation papers. The candidate and his proposer and his seconder may be allowed to be present at the time of scrutiny; (ii) the Returning Officer shall examine the nomination papers and shall decide all objections which may be made at the time to any nomination and may either on such objection or on his own mo- tion after such summaiy enquiiy, if any, as he thinks necessary reject any nomination for valid reason: Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the name of his proposer or seconder, or of any other particulars relating to the candidate or his proposer or seconder as entered in the list of members referred to clause (d) if the identif' of the candidates, proposer or seconder as the case may be, is estab- lished beyond reasonable doubt. the Returning Officer shall give all reasonable facilities to the con- testing candidates or their representatives to examine all the nomination papers and satisf' themselves that the inclusion of the contesting candi- date is valid; the Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected shall record in writing brief statement of his reasons for such re- jection; the list of valid nominations as decided by the Returning Officer shall be published on the notice board of the library on the same day on which the scrutiny of the nomination paper is completed; any candidate may withdraWhis candidature by notice in writing signed by his and delivered at any time after the presentation of his nomi- nation paper before 5 p.m. on the day following the day on which the valid nominations are published by the Returning Officer either by such candi- date in person or by his proposer or seconder. A notice of withdrawal of candidature once given shall be final; If, for any library for which election is to be held, the number of candidates in respect of whom valid nomination papers have been filed does not exceed the number of candidates to be elected for that library, the - 10- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 28/288 candidates for which valid nominations have been received shall be deemed to have been duly elected for the library, as the ease may be, and the names of such candidates shall be published in the notice board of the Taluk Li- brary Union and the Library concerned; if the number of candidates for any library exceeds the number to be elected, the Returning Officer shall arrange for taking a poll on the date fixed for the purpose. The Returning Officer may arrange to open necessary polling booths and appoint the required number of polling officers for each library; the Returning Officer shall provide the polling officer with ballot boxes, ballot papers, copy of the list of members and such other articles as may be necessary for the conduct of the elected. The ballot box shall be so constructed that ballot papers can be introduced there but cannot be taken out therefrom without the box being unlocked; a candidate contesting the election may by a letter to the Returning Officer, appoint an agent to represent him at every booth of the library where polling is held. Such letter shall contain the consent in writing of the agent concerned; (I) immediately before the commencement of the poll, the polling of- ficers shall show the empty ballot box to such persons as may to present at the time and shall then lock it up and affix his seal upon it in such manner as to prevent its being opened without breaking the seal. The candidate or his agent may also, affix his own seal, if he so desires; the ballot papers shall contain the names of the candidates, the seal of the Taluk Library Union and serial number; each polling booth of the Library shall contain a separate compartment so that members can record their votes screened from observation; no ballot paper shall be issued to a member unless the polling officer is satisfied that the member concerned is the same person as noted in the list furnished to him; on receiving the ballot paper, a member shall forthwith proceed to the polling compartment make the mark X or + on the ballot paper against the name or names of the candidate or candidates for whom he desires to vote and put the ballot paper in the Ballot box with the utmost secrecy; if owing to blindness or other physical infirmity a member is unable to mark the ballot paper, the polling officer shall ascertain from him the Cl HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 29/288 candidate or candidates in whose favor he desires to vote, make the mark on his behalf openly and put the ballot paper in the ballot box; (r) the Returning Officer shall arrange for the collection ofballot boxes and other records from the different polling booths soon after termination of the polling. 21. Counting of Votes - The counting of votes for each library shall commence immediately after the polling is completed and the ballot boxes are collected at a common place. Votes shall be counted by or under the supervision of the Returning Officer. Each candidates and his authorised agent shall have a right to be present at the time of counting. 22. Rejection of ballot paper - A ballot paper shall be rejected by the Returning Officer, if- it bears any mark by which the member who voted can be identi- fied; or it does not bear the seal of the Taluk Library Union; if the mark indicating the vote thereon is placed in such manner as to make it doubtfUl to which candidate the vote has been cast; or the voter has voted for more candidates than the number re- quired to be elected. 23. Announcement of result - (1) The number of votes secured by each candidate and the results of the election shall be announced by the Return- ing Officer as soon as the counting is over. The results of the election shall also be recorded in the minutes books of the Taluk Library Union Library by the Returning Officer. Results relating to each library shall be declared, published and recorded separately. 24. Custody of ballot paper after voting - The Secretary of the Taluk Library Union shall take custody of the ballot papers and shall preserve them for three months from the date of poil. The ballot papers and other records relating to the election shall be secured in a container which shall be affixed with the seal of the Taluk Library Union and of the candidates who desire to affix their seals. They shall be destroyed after the said pe- Hod of three months, if no dispute relating to or in connection with that election arises. 25. Postponement of election - If for any reason it appears to the Re- turning Officer that the election or anything in connection with it relating - 12- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 30/288 to any library cannot be held or completed on the day as hereinbefore fixed; he may postpone the same to other dates from time to time as he deems fit. 26. Disqualification to vote - A member of the library duly admitted as such as per the provisions in the bye-laws of the library as on a date ninety days prior to the date of election and who has remitted all the dues to the library as a member shall be eligible to vote in the election aforesaid. 27. Disqualification to represent a library in the Taluk Library Union - (1) No member is eligible to stand for election as representative of the library in the Taluk Library Union if he - is not a qualified voter; has been sentenced for any offence other than an offence of politi- cal character or an offence involving moral delinquency suchsentence not having referred or offence elapsed from the date of expiration of the sentence; is an employee of the library; has been already elected as a representative of another library; is of unsound mind or is a minor; f) is an applicant to be adjudicated as an insolvent or an undischarged insolvent. (2) A member elected as a representative shall cease to hold the posi- tion in case he subsequently incurs any of the disqualifications mentioned above. 28. Reporting of result of election - The Returning officer shall report the result of the election to the Taluk Library Union immediately after the election is over at any rate within 24 hours from the date of publication of the election result. 29. Constitution of Taluk Library Tribunal - (1.) The Government shall constitute a Taluk Library Tribunal for the whole state for the purpose of hearing disputes relating to conduct of election to the Taluk Library Unions. The Taluk Library Tribunal shall be a single man Tribunal the qualification, conditions of service, remunerations, etc., shall be fixed by the Government. Dispute relating to the elections shall be submitted to the Taluk Library Tribunals in From No. 4A within thirty days from the date of elec- tion. - 13 - HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 31/288 The Tribunal shall hear both the parties to the appeals and dispose of the same by order in writing confirming the election results or setting aside the election as the case may be on the basis of materials presented before it. An appeal against the orders of the Tribunal shall lie with the State Library Tribunal. The orders of the State Library Tribunal shall be final. 30. Election of representatives from Libraries run by Local bodies (Panchayats, Municipalities) etc. - (1) There shall be two representatives as in other libraries. One of the representatives shall be from among the Executive Com- mittee of the local body duly elected from among them. The other member shall be from the members of the library. Libraries functioning under any other Act or Trust, election shall be conducted as per rules applicable to them. - The Returning Officer for conduct of election, in such libraries shall be the Executive Officer of the local bodies. They shall follow the same procedure prescribed for the conduct of election in the affiliated libraries. 31. Executive Committee to assist the Returning Officer - It shall be the duty of the executive committee of the libraries to render all assistance to the Returning Officer for the conduct of election. The expenses for conduct of election shall be met from the funds of the library concerned. 32. Remuneration ofReturning Officers - The Taluk Library Union. shall fix the remuneration for the Returning Officer and same shall be apportioned among the libraries concerned. Taluk Library Union 33. Election of members to the Executive Committee - Election of mem- bers to the Executive Committee under sub-section (2) of section 19 shall be made by the members of the Taluk Library Union from among themselves. 34. Procedure regarding the conduct of elections of the members, to the Executive Committee of the TalukLibra#y Union and the GeneralBody qf the District Library Council - The election of the members by the Taluk Library Union to its Executive Committee and to the General Body of District Li- brary Council shall be conducted in the manner specified below: 1. The election shall be held at a meeting of the members of the Taluk Library Union within the Taluk specially convened for the purpose for which not less than fifteen clear days notice shall be given to them. The Returning S - 114- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 32/288 Officer nominated by the Taluk Library Union shall conduct the election: Provided that the Returning Officer for the first election after the com- mencement of the Act shall be appointed by the Board of control of the Kerala Grandhasala Sangham. The Returning Officer shall require by notice the Taluk Library Union to furnish the list of names of members of the Taluk Library Union within fifteen days from the date of notice. Each Taluk Library Union shall regis- ter the names of tis members in a register maintained for the purpose. The Returning Officer shall before thirty days from the date of elec- tion, publish the list of members. Objections, if any, received within five S days of the publication of the lists, shall be considered and final list pub- lished on the expiry of the day. (Copies of such list shall be made available for sale on payment of such fee as may be fixed by the Returning Officer). (a) The notice of the meeting shall be sent to the members of the Taluk Library Union under certificate of posting for publication on the no- tice board of the Taluk Library Union. The notice shall contain information regarding - the number of members to be elected; the date on which, the place at which and the hours between which, nomination papers shall be filed by the candidates, such dates being not less than 10 clear days before the date fixed for election; the date on which, the place at which and the hours between which the polling will take place; (b) (i) The nomination of a candidate for election shall be made in from No. 3B (ii) Every nomination paper shall be signed by two members whose names are included in the list referred to in clause (2) above. One member shall sign the form as proposer and the other as seconder for the nomination. The nomination paper shall also contain a dec- laration signed by the candidate.proposed for election to the effect that he is willing to stand for election. Every nomination paper shall be presented in person to the Return- ing Officer by the candidate himself or by his proposer or seconder before the date and hours specified in the notice referred to in clause 4(a) (ii) above; The Returning Officer shall enter on the nomination paper its serial number and certify the date and hour at which the nomination paper is re- [1 - 15 - HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 33/288 ceived by him and also immediately acknowledge receipt of the nomination paper; (e) On the day following the date fixed for the receipt of nomination papers, the Returning Officer shall take up the scrutiny of the nomination papers. The candidate and his proposer and his seconder may be allowed to be present at the time of scrutiny; (1) The Returning Officer shall examine the nomination papers and shall decide all objections which may be made at the time to any nomination and may on either such objections or on his own motion after such summary enquiry, if any, as he thinks necessary, reject any nomination for valid rea- sons: Provided that the nomination of a candidate shall not be rejected merely on the ground of an incorrect description of his name or of the names of his proposer or seconder, or of any other particulars relating to the candidate or his proposer or seconder as entered in the list of members referred to in clause (2) if the identi& of the candidate, proposer or seconder as the case may be, is established beyond reasonable doubt. The Returning Officer shall give all reasonable facilities to the con- testing candidates or their representatives to examine all the nomination papers and satisfS themselves that the inclusion of the contesting candidates is valid. The Returning Officer shall endorse on each nomination paper his decision acception or rejecting the same and if the nomination paper is re- jected shall record in writing a brief statement of his reasons for such rejec- tion. The list of valid nominations as decided by the Returning Officer shall be published on the notice board of the Taluk Library Union on the same day on which the scrutiny of the nomination papers is completed; ifi Any candidate may withdraw his candidature by notice in writing singed by him and delivered at any time after the presentation of his nomi- nation paper before 5 p.m. on the day following the day on which the valid nominations are published by the Returning Officer either by such candi- date or by his proposer or seconder. A notice of withdrawal of candidature once shall be final. (k) The Returning Officer shall provide the polling officer with ballot boxes, ballot papers, copy of the list of members and such other articles as - 16- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 34/288 may be necessary for the conduct of the election. The ballot box shall be so constructed that ballot papers can be introduced therein but cannot be taken at there from without the box being unlocked. (I) A candidate contesting the election may by a letter to the Returning Officer appoint an agent to represent him at every booth where polling is held. Such letter shall contain the consent in writing of the agent concerned. linmediately before the commencement of the poll, the Polling Of- ficers shall show the empty ballot box to such person as may be present at the time and shall then lock it up and affix his seal upon it in such manner as to present it being opened without breaking the seal. The candidate or his agent also affix his own seal, if he so desires. The ballot papers shall contain the names of the candidates and the seal of the Taluk Library Union and serial number. The sets of ballot papers shall be got printed and stencilled. Each polling booth shall contain a separate compartment in which the members can record their votes screened from observation. No. Ballot paper shall be issued to a member unless the polling of- ficer is satisfied that the member concerned is the same person as noted in the list furnished to him. On receiving the ballot paper, a member shall forthwith proceed to the polling compartment, make the mark 'X' or '+' on the ballot paper against the name or names of the candidate or candidates for whom he desires to vote and put the ballot paper in the ballot box with the utmost secretary. If owing to blindness or other physical infirmity or illiteracy, a mem- ber is unable to mark the ballot paper, the polling officer shall ascertain from him the candidate or candidates in whose favor he desired to vote, make the mark on his behalf openly and put the ballot paper in the pallet box; The Returning Officer shall arrange for the collection of ballot boxes and other records from the different polling booths soon after termination of the polling. 35. Counting of Votes - The Counting of votes shall commence imme- diately after the polling is completed and the ballot boxes are collected at a common place. Votes shall be cOunted by or under the Supervision of the Returning Officer. Each candidate and his authorised agent shall have a right to be present at the time of counting. In the case of equal division of - 17- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 35/288 Votes, the result shall be decided by lots to be drawn by the Returning Of- ficer. 36. Rejection of Ballot paper - (I) A ballot paper shall be rejected - if it bears any mark by which the member who voted can be identi- fied, or; if it does not bear the seal of the Taluk Library Union; if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been cast; or if the voter has voted for more candidates than the number required to be elected. (2) The Result of the election shall also be recorded in the minutes book of the Taluk Library Union by the Returning Officer. 37. Custody of ballot paper after Voting - The Secretary of the Taluk Library Union shall preserve the ballot papers after counting for three months from the date of the poil. The ballot papers and other records relating to election shall be secured in a container which shall be affixed with the seal of the Taluk Library Union and of the candidates who desire to affix theft seals. They shall be destroyed after the said period of three months, if no dispute relating to or in connection with the election is referred to the Taluk Library Tribunal. 38. Postponement of election - If for any reason it appears to the Return- ing Officer that the election or anything in connection with it, cannot be held or completed on the day as herein before fixed, he may postpone the same to other dates, from time to time as he deems fit. 39. Disqua4flcation to Vote - A person shall be disqualified to vote at the election and also for election as a member of the District Library Coun- cil - if he is disqualified to be a member of the Taluk Library Union which he represents, if he has been found by the Taluk Library Union to be guilty of misappropriation or falsification of accounts, or if he is under suspension. 40. Resignation ofmember - A member may at any time resign his mem- bership of the Taluk Library Union. The resignation shall be sent to the Secretary of the Taluk Library Union. The resignation letter shall be placed -18- I HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 36/288 bfore the next meeting of the Taluk Library Union and on the acceptance of the same by the Taluk Library Union, he shall cease to be a member of the Taluk Library Union. Procedure for appointment of Nominees - (1) Nominations under the proviso to sub-section (2) of section 19 shall be made by the Executive Committee. (2) The powers, duties, functions and responsibilities of a person nomi- nated shall be the same as those of a member duly elected. Election of President, Vice President, Secretary and Joint Secre- tary - The election of President, Vice-president, Secretary and Joint Secre- tary shall be in the manner specified below - As soon as the Executive Committee is constituted, a meeting of the members of the committee shall be convened; The meeting shall be presided over by any member, who is not a candidate, for the election, chosen by the committee, hereinafter referred to in the rule as the Presiding Officer for the purpose. The nomination paper shall be presented to the presiding officer at the meeting. The presiding officer shall decide the objections, if any, that may be made at the time to any nomination after making such summary enquiry as he thinks ifecessary and announce the name or names of the eligible candidate or candidates; When there is not more than one valid nomination for any officer, the presiding officer shall declare the candidate, in respect of whom the nomination paper has been received duly elected to such office; Where there is more than one valid nomination for any office, the presiding officer shall forthwith arrange for taking a poll by providing the ballot papers and ballot box. The member shall make the mark 'X' or in the ballot paper against the name or names of the candidate or candidates for whom he desires to vote and put the ballot paper into the ballot box with utmost secrecy; An soon as all the members present have recorded theft votes, the presiding officer shall open the ballot box in the presence of the members, count the votes and announce the results of election with the number of votes secured by each. In the case of equal division of votes, the result shall be decided by lots to be drawn by the presiding officer. - 19- HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 37/288 The proceedings of the meeting with the results of the election shall be recorded in the minutes book of the Taluk Library Union and attested by the presiding officer. The ballot papers and the other records shall be secured in a con- tainer which shall be affixed with the seal of the Taluk Library Union and the candidates who desire to affix their seals and they shall be preserved for three months from the date of election. It shall be the responsibility of the Secretary to keep the records in tact. They shall be destroyed after that period if no dispute relating to or inconnection with the election is referred to the Taluk Library Tribunal. 43. Special meeting of the Taluk Library Union - (I) A requisition for a special meeting of the Taluk Library Union in the circumstances stated in sub-section (3) of section 22 of the Act, shall be forwarded to the President with a copy of the Resolution or Resolutions to be moved at the meeting together with the name of the proposer of each such resolution. The meet- ing shall then be convened by the President within thirty days of the receipt of such requisition. When a special meeting is convened by the President on a requisi- tion under sub-rule (1), a notice of two weeks time shall be given to the members. Along with the notice the Secretary shall send to each members a copy of the resolution or resolutions to be moved at the meeting with the name of the mover of each resolution. The President may, if he thinks fit that a meeting of the Taluk Li- brary Union should be convened for transaction of any urgent business, call for an urgent meeting of the Taluk Library Union at a shorter notice of less than fourteen days. The President shall preside over the meeting. In his absence the Vice-President or any member chosen by the members themselves shall preside over the meeting. Every member shall have only one vote. All questions shall be decided by a majority of votes and in the case of equality of votes, the President shall have a casting vote. 44. Transaction of Business - (1) The meetings of the Executive Com- mittee of Taluk Library Union shall be convened by the Secretary as and when necessary. The Secretary shall give notice of the meeting to the members. The Executive Committee shall meet at such place and time and on - 20 - HEDN-A1/274/2023-HEDN 7858096/2023/H EDN 38/288 such date as may be fixed by the President. A list of business proposed to be transacted at a meeting of the com- mittee shall either accompany the notice or be forwarded by the Secretary to each member as soon as possible after sending the notice. Any business which is not on the list shall not be considered at the meeting of the committee except with the permission of the President. The President shall preside over every meeting of the committee and in the absence of the President the Vice-President shall preside over the meeting. In the absence of both the President and the Vice-President, any member chosen by the members present from among themselves shall pre- side over the meeting. Extraordinary meetings - Upon the requisition made in writing by not less than three members of the Committee, the Secretary shall as soon as possible, and in any case not later than seven days of the date of requisition, convene an extraordinary meeting of the Committee. The requisition shall state the objects of the meeting proposed to be called and shall be sent to the secretary. Quorum - (1) The Quorum for the meeting of the committee shall be four. (2)
Excerpt shown. Open the full act in Lexace.