The Need For Library Legislation

Published Date: 02 Nov 2017

Introduction

The public library is a social institution based on the definition of democracy. It is for the people, by the people and of the people. In the words of William Ewart, Public Library is founded by the people, and is established by law and maintained at public expenses out of local rates and sometimes by state taxes. It has been rightly described by Carlyle as ‘Peoples University’. No other social institutions can perform such a wide range of services as a public library to the entire population of a given area. The public library is regarded as a centre of community services, information bureau, continuation school and a training school for democracy and renders invaluable services in molding the life and ideals of a community. It provides essential information for the progress of individual in every walk of life.

A public library is one that serves the entire population of a community. Everyone in the community, regardless of nationality, race, colour, creed, age, sex, educational attainments, language or any such considerations has a claim to its services as a matter of right. It is generally established and maintained out of public funds under the mandate of legislation.

The UNESCO Public Library Manifesto 1994 Proclaims UNESCO’s tells that the public library as a living force for education, culture and information, and as an essential agent for the posturing of peace and spiritual welfare through the minds of Men and Women. Public library is considered as a local gateway to knowledge and as such it has to make available all kinds of knowledge and information readily available on the basis of equality of free access to all, regardless of age, race, sex, religion, nationality, language, social status and even the level of literacy. All must find their material relevant to their needs.

Public libraries today play an important role in the life of the community. They provide information essential for the progress of culture, education and research. They also provide relaxation and recreation and refresh the community they serve. The public library acts as an intellectual centre for the lifelong learning.

Library Legislation

The term legislation means the preparing and enacting laws. In other words it is sometimes used to apply to municipal ordinance and to the rules and regulations of administrative agencies passed in the exercise of delegated legislative function.

Library legislation is an act to provide for the establishment, maintenance, and development of effective public library system and the organization and development of a comprehensive rural and urban library service.

Need for Library Legislation

It is recognized that ‘freedom, prosperity and the development of society as well as of individuals are fundamental human values’. These values can be achieved through proper utilization of public libraries. Public libraries are necessary for developing human resources. They must support by specific legislation and financed by National and Local Governments. Proper library legislation guarantees establishment, development and maintenance of libraries. They have the authority to appoint the staff, make necessary regulations, inspect the functioning and control the system and services. Library legislation is required to constitute a proper administrative and supervisory body with executive power; to provide well organized library system for the state, district and up to the remote village level with free access to all citizens; to provide a steady and permanent source of finance and to maintain a slandered in library services.

The main reasons behind the public library legislation are as follows:

It provides the guidelines for the structure of the public library system that is appropriate for the area and concerned authorities.

It saves the public libraries from any type of interference of bureaucracy and politics and thus the system functions effectively and smoothly.

It ensures the perennial and adequate finance for the development of the public libraries through introducing the concept of the library cess, Govt. grants, library fund etc.

Library legislation provides the opportunity to the representative of the public for participating in the functioning of the public libraries at all levels.

It defines the responsibility of the Govt. for the development of the public library system.

It represents the constitution and functions of the library authorities at various levels like National, State, District, Panchayat levels etc.

As per the Indian Constitution, the state has the responsibility to establish and maintain the state, uniform, effective and integrated public libraries in the state. Library legislation becomes highly necessary and vital for organization and systematic functioning of the public libraries.

It is only after India’s independence that, Dr. Ranganathan’s dream of public Library Act enactment was fulfilled. Through the good offices of the then Minister for Education, Avinaslingam Chettiar, a modified Bill was introduced in the state legislature which was passed as the Madras Public Libraries Act in 1948. Since then the following Nineteen States have enacted library acts for their respective states:

Tamil Nadu (1948)

Andhra Pradesh (1960)

Karnataka (1965)

Maharashtra (1967)

West Bengal (1979)

Manipur (1988)

Kerala (1989)

Haryana (1989)

Mizoram (1993)

Goa (1994)

Gujarat (2000)

Orissa (2000)

Rajasthan (2005)

Uttar Pradesh (2005)

Uttarkhand (2005)

Pondicherry (2007)

Bihar (2007)

Chhattisgarh (2008)

Arunachal Pradesh (2009)

Characteristics of Library Legislation: Some of the important Purposes and characteristics of library legislation are:

To create the necessary library agencies by the enactment of Library Laws.

It guarantees establishment of a network of libraries on statutory basis.

It ensures stable financial support on a progressive basis.

It sets up library authorities, which are responsible for the staffing, administration and management of the libraries.

The legislation ensures permanent, uniform, efficient, expanding and Co-ordinated library service.

It also presupposes free services and makes it easily accessible to potential users irrespective of their qualification and age.

The library legislation must be simple and general. It should also allow future modification or development.

It must be free from political influence or political changes.

It must define the respective responsibilities of the local, state and national government.

It must make the library service compulsory and free to one and all.

It should create conditions for libraries to flourish.

It must coordinate and control library activities in full recognition of the people to have free access to the information and knowledge.

It must meet every interest of its reader.

Different tasks can be assigned to different types of libraries based on specialization to ensure a better service to the community with the least cost.

It also must take into account the other types of libraries.

Andra Pradesh Public Library Act -1960

Andra Pradesh was formed in 1956 in accordance with the recommendation of State Re-organization commission. Eleven districts in Andra region and nine districts from Telangana region were merged in the State.

When Andra Pradesh was formed, the Madras Public Libraries Act, 1948 was in force in Andra area and Hyderabad Public Libraries Act, 1955 was in force in Telangana area. There were some administrative difficulties in operation of both acts in one and the same State, on the same subject.so, both the acts were amalgamated, modified, brought upto date and were passed as an integrated act namely Andra Pradesh Public Libraries Act, 1960, which came into force from 1 april 1960, in the entire Andra Pradesh, comprising of Andra and Telangana areas. It was later amended in 1964, 1969, 1987 and 1989. Andra Pradesh was the second state to enact library legislation in 1960.. The salient features of this Act are given below: -

Constitution of Andhra Pradesh Granthalaya Parishad, with nominated body by, Government, as apex body with statutory powers and functions.

Constitution of Directorate of Public Libraries to direct, supervise and control the Public Library System.

Constitution of City/Zilla Granthalaya Samsthas through nomination of Chairman and Members by the Government.

Librarians of City/District Central Libraries will act as ex-officio Secretaries of the City/Zilla Granthalaya Samsthas.

Provision to collect library cess, upto eight paise per rupee as surcharge, on house tax and property tax collected by local bodies.

Payment of establishment charges of the staff working in the City/Zilla Granthalaya Samsthas by the Government.

Grant-in-aid to private libraries by Government and City/Zilla Granthalaya Samsthas.

Karnataka Public Library Act – 1965

Karnataka State formerly known as Mysore State, comprises of Bombay-Karnataka area, Old Mysore area, Hyderabad Karnataka area, Madras Karnataka area and Coorge area, with changed geographical boundaries. Karnataka has a rich heritage of libraries for more than one hundred years. The recommendations of the Fyzee Committee were in operation in the Bombay-Karnataka area; i. e. in Dharwad, Bijapur, Belaum and Karrwar.

Karnataka is the third state in India that enacted Public Library Bill in 1965. The preamble of the act states that ‘An Act to provide for the establishment and maintenance of public libraries and the organisation of a comprehensive rural and urban library service in the State of Mysore’. This act adopted in 1965. The activities of the public libraries are guided and controlled by the Education department. The State Librarian was the Head of the Department of Public Libraries. At present the Director of public libraries is heading the department.

The state has got State Central Library (1), Indira Priyadarshini Children’s Library (1), Public Technical Library (1), City Central Libraries (19), District Central Libraries (27), Mobile Libraries (14), Branch Libraries (490), Service Stations (107), Reading Rooms (31), Gram Panchayat Libraries (5766), and 204 Grant in Aid Libraries.

The unique feature of the Karnataka Public Library Act is all the employees working in the department are treated as the employees of the state government and the payment is made through the consolidation fund of the government. The funds are raised in the form of library cess not only surcharge on property or house tax it includes the taxes on profession, vehicle registration etc. The equal grants are also received from the state government to run the ibraries in the State.

The salient features of this Act are given below:

Provision for a State Library. Authority in the form of a corporate body with Minister in-charge of Education as Chairman. The members are drawn from different segments of the society.

Provision for creating an independent Department of Public Libraries, with a professional as its head.

Provision for the establishment of State Central Library at the apex of Public Library System in the State.

Constitution of Local Library Authorities for the cities and districts.

Provision for setting up Advisory Committee for Branch and Village Library Services.

Provision: for centralized technical processing.

Provision for centralized units like:

a) Copyright collection of the State:

b} State Library for the Blind;

c) State Bibliographic Bureau; etc.

Provision for the levy of library cess in the form of a surcharge -on all possible taxable units of the State revenues. The District Library Authority gets the annual grant from the State Government (3% of the land revenue).

Creation of a State Library Service bestowing upon its employees all the benefits~ and privileges as are available to the other State government servants

Comparison of The Acts

Andhra Pradesh Public Libraries Act

Karnataka Public Libraries Act

Organizational Structure

Andhra Pradesh has a total of about 4,000 public library nodes viz. one State Central Library, 6 Regional Libraries, 1426 Branch Libraries, 344 Village Libraries and 3 Mobile libraries under Zilla Granthalaya Samsthas, and about 2,400 aided libraries. They provide access to about one crore volumes. They have registered borrowers of about 2 lakh persons, and about 2 crore visitors to consult books in libraries. The borrowing is about 1.5 volume per literate person.

Karnataka State has a structure of one State Central Library, 20 District Central Libraries (out of 20, 10 District Central Libraries are having library and the remaining 10 are having office only). There are 15 City Central Libraries, 392 Branch Libraries, 1151 Mandal Libraries and 11 Mobile Libraries; with 6.54 lakh registered borrowers and a total book stock of 371akhs. About 81akh people visit the libraries in a year.

The total expenditure on Government Libraries will be borne by the Government. The establishment charges of Zilla Granthalaya Samstha will be met by the Government. The Expenditure on other items such as books, periodicals, buildings etc., will be met from library fund of the City/Zilla Granthalaya Samsthas, They will provide some grant-in-aid to private libraries.

The State Central Library is funded fully by the State Government. The libraries at District and City level, including Branch Libraries are financed from ‘Library Fund’. Under the provision of this Act, Library cess is levied as surcharge on properties tax, motor vehicle tax, entertainment taxes. The Cess is collected by the local bodies such as, Municipal Corporations, Municipalities, District Boards and Village Panchayats. The State Government provides for the salaries of the staff of the public libraries at all levels.

The Director of Public Libraries is the controlling officer for die library system in the State. All the libraries in the system are managed by professionals only. The Librarian, City/District Central Library is the Ex-officio Secretary of the City Zilla Granthalaya Samstha. The number of professionals are about 250 and semi-professionals are more than 1000 in number.

This State has a Director of Public Libraries to supervise and direct all matters relating to public libraries. The State, City, District and Branch Libraries are managed by professionals. The strength of the library staff in public libraries is around 500. The professional strength is around 150 with minimum qualification of degree in Library Science but several have MLISc degree. There are many certificate holders: There are 300 non-professional and about 150 unskilled workers. The entire technical staff of the public libraries comes under the cadre of ‘Karnataka Library Service’.

To organize and promote library service in the State, the Government of Andhra Pradesh amended the Act in 1989, and constituted Andhra Pradesh Granthalaya Parishad, an appex body.

The Parishad is the principal policy making body and exercises the powers and performs the functions as per the directions of the Government. The State has been divided into 23 Revenue Districts including the City of Hyderabad for the purpose of administering the Library System. There is a Zilla Granthalaya Samstha for each district and one City Granthalaya Samstha for the Hyderabad City.

In the Pyramidal system of organisation, the State Central Library is at the appex, the village library at the bottom and the Branch Libraries, District Central Libraries, and Regional Libraries in between.

This State is divided into 28 revenue districts. A separate Department of Public Libraries started functioning with effect from 1 November 1966 as per the provisions of the Karnataka Public Libraries Act (1965). The, Department is responsible for the establishment and maintenance of public libraries an~ the organization of a comprehensive rural and urban libraries' service in the State. The Act provides for the establishment. of the following libraries including Branch Libraries and Book Delivery Stations:

a) A State Central Library at Bangalore which will act as the reservoir of books for the entire state

b) A City Central Library for each of the 15 principal cities.

c) A District Central Library for each of the 20 Revenue Districts in the State.

In the State three library authorities have been established. The Karnataka State Library Authority advises the State Government on matters related to library development in the state, and acts as managing authority for the State Central Library. The Local Library Authorities of the major cities and Revenue Districts will look after the matters of public libraries in their respective jurisdiction.

There is a fair amount of democratic representation as well as technical expertise built into the composition of the State Library Authority.

Library Cess on House tax and properties

Library Cess on lands and buildings Octroi, duty, vehicle tax, Taxes on professions, trades callings, and employments

Karnataka has a well-organized staff strength to manage its public libraries in the State. The Director of Public Libraries is a library professional: This gives the opportunity to improve the strength of qualified staff. The entire technical staff of the public libraries comes under ;the cadre of Karnataka Library Service: A qualified staff having minimum qualification of B.Lib. Sc., some with M.Lib.Sc., and holders of Certificate in Library Science operate the public library system. All these staff provide. a professional competence and ensure a minimum standard of service.

Andhra Pradesh State has a comprehensive structure of Public Libraries in a Pyramidal structure.

a) Andhra Pradesh Gtanthalaya Parishad

b) Directorate of Public Libraries

c) Regional Libraries

d) City/District Central Libraries

e) Mobile Libraries

f) Branch Libraries

g) Village Libraries

h) Aided Libraries

Conclusion