1. Introduction: The Constitutional Basis and Purpose
Library legislation in India refers to the enactment of Public Libraries Acts by individual state governments to provide a legal framework for the establishment, governance, maintenance, and effective operation of public libraries. According to the Constitution of India, library services are a subject on the State List, which makes it obligatory for State Governments and Union Territories to enact their own library laws. The primary purpose of a Public Library Act is to create a well-organised, integrated, and state-wide network of public libraries, from the state level down to the village level, that provides free access to knowledge and information for all citizens. Such legislation is considered the most effective way of providing stable and uniform public library services in a democratic society.
2. The Need for Library Legislation
The global importance of library legislation is underscored by the UNESCO Public Library Manifesto (1994), which states that public libraries are the responsibility of national and local authorities and "must be supported by specific legislation and financed by National and Local Governments". In India, before the enactment of such laws, public libraries were often run by voluntary organisations or local bodies and suffered from significant deficiencies that legislation aims to correct:
- Meagre and Unstable Funding: They depended on voluntary efforts, subscriptions, or donations, which were insufficient for modern, viable services.
- Ad-hoc Governance: Management was unstructured, lacking clear authority and resources.
- Limited and Unstable Services: Services were often restricted to members, and libraries lacked stability and scope for growth, often fading away after the initial enthusiasm of their founders waned.
A simple government executive order is insufficient to create a permanent and integrated system. Comprehensive legislation is necessary for several key reasons:
- To create a proper administrative and supervisory body with executive powers.
- To establish a well-organised public library network across the entire state.
- To provide a steady and permanent source of finance, which is a critical function.
- To maintain uniform standards in library services.
- To ensure accountability for performance and finances.
3. Essential Features of a Public Libraries Act
A modern Public Libraries Act, suitable for Indian conditions, should incorporate several essential components to be effective. A model act is seen as an embodiment of Dr. S.R. Ranganathan's Five Laws of Library Science.
- Preamble: A precise and explicit statement of the Act's objectives.
- State Level Authority: The constitution of a State Library Authority as the apex body, typically headed by the Minister-in-charge of libraries, with the executive duty of implementing the Act and promoting the library service.
- Chief Executive: The creation of a post for a professional, the Director of Public Libraries, to supervise and control the entire public library system.
- Network of Libraries: Provision for a pyramidal structure of libraries, creating a network from the state level down to the village level.
- Financial Clauses: This is a crucial component to ensure a regular and permanent flow of funds.
- Library Cess: The most critical feature is a mandatory provision to collect a library cess, typically as a surcharge on taxes like property tax, house tax, and vehicle tax. The Advisory Committee for Public Libraries headed by Shri K.P. Sinha concluded that "only a cess can provide a stable base for library finance".
- State Contribution: Provision for grants from the state government, often matching the amount collected through the cess.
- Manpower: Provision for the creation of a professional State Library Service cadre, with all members recognised as Government servants.
- Accountability: Clauses ensuring that the activities and accounts of the system are open to public inspection and audit.
- Legal Deposit: A provision for the legal deposit of books and newspapers published in the state.
4. Library Legislation Across Indian States (Current State)
As of late 2025, a total of 19 states and one Union Territory have enacted public library legislation. This represents a significant increase from the original sixteen, though implementation and effectiveness vary greatly.
States with Public Library Acts:
- Tamil Nadu (1948)
- Andhra Pradesh (1960)
- Karnataka (1965)
- Maharashtra (1967)
- West Bengal (1979)
- Manipur (1988)
- Kerala (1989)
- Haryana (1989)
- Mizoram (1993)
- Goa (1994)
- Gujarat (2001)
- Odisha (2002)
- Uttarakhand (2005)
- Rajasthan (2006)
- Uttar Pradesh (2006)
- Lakshadweep (2007)
- Bihar (2008)
- Chhattisgarh (2008)
- Arunachal Pradesh (2009)
4.1 Acts with a Library Cess Provision
The model of a mandatory library cess remains a key feature of the earliest and most influential acts.
- Tamil Nadu (Madras) Public Libraries Act, 1948: The first of its kind, it provides for a library cess as a surcharge on property or house tax.
- Andhra Pradesh Public Libraries Act, 1960: This act provides for a cess and established the Andhra Pradesh Granthalaya Parishad as an apex body.
- Karnataka Public Libraries Act, 1965: Considered one of the most balanced acts, it levies a broad-based cess on property, motor vehicle, and entertainment taxes.
- Kerala Public Libraries Act, 1989: This act levies a cess and is unique for its decentralized, three-tier structure of elected councils.
- Haryana Public Libraries Act, 1989: Provides for a library cess as a surcharge on property and house tax, though its implementation has faced challenges.
4.2 Acts without a Library Cess Provision
Many states have opted for a model where public libraries are funded entirely by the state government through grants, without a specific cess.
- Maharashtra Public Libraries Act, 1967: This act has no provision for a library cess, with the government contributing to a library fund.
- West Bengal Public Libraries Act, 1979: Described as a replica of the Madras Act but without the cess, its entire expenditure is met from the state's consolidated fund.
- Other States: States such as Manipur, Mizoram, Goa, Gujarat, Odisha, Rajasthan, Uttar Pradesh, and Bihar follow this model, making their library systems highly dependent on government funding, which is often unstable.
4.3 Governance Structures
The administrative structures established by the acts show significant variation:
- Strong Executive Authorities: The Andhra Pradesh Act created the Granthalaya Parishad as an apex body, and the Karnataka Act created a corporate State Library Authority with executive powers.
- Advisory Bodies: Many acts, such as those in Tamil Nadu, Maharashtra, and West Bengal, created State Library Authorities or Councils that are purely advisory in nature, with the real power resting with the government department.
- Decentralized Elected Bodies: The Kerala Act is unique in establishing a system of elected councils at the state, district, and taluk levels to manage the library system.
5. Model Acts and Their Influence
Over the years, several model acts have been drafted to guide states in formulating their legislation.
- Dr. S.R. Ranganathan's Model Act (1930-1972): The foundational model, advocating for a State Library Authority, Local Library Authorities, and a library cess.
- Ministry of Education Model Bill (1963): Also proposed a State Library Authority, a Directorate, and a cess.
- Planning Commission Model Bill (1965): A significant departure, this model recommended funding entirely through government grants with no provision for a library cess.
- Dr. V. Venkatappaiah's Model Act (1989, rev. 2005): Sponsored by the Indian Library Association (ILA), this modern act proposed a State Policy for libraries, a strong State Library Authority, a Directorate, and a comprehensive cess on multiple taxes.
6. General Observations, Missing Features, and The Current State
While the number of states with legislation has grown, implementation and effectiveness vary. The acts have successfully created an administrative infrastructure and a pyramidal structure of libraries in many states. However, several persistent weaknesses remain:
- Inconsistent Funding: The collection of the library cess is often insufficient or poorly managed, and government grants are frequently inadequate, leading to "stunted growth".
- Weak Governance: Many acts lack a strong State Library Authority with executive powers, as envisioned by Dr. Ranganathan.
- Lack of Integration: Legislation often fails to integrate and support the grand, historic libraries that have existed for over a century.
- Neglect of Underserved Communities: The public library service in India remains largely a "middle-class affair," with no clear provisions to serve illiterates, people with disabilities, or those in remote villages.
- Inadequate Infrastructure: Many public libraries still suffer from a lack of minimum facilities, inadequate collections, and poor salary structures for staff.
- Digital Divide: While national initiatives like the National Mission on Libraries (NML) and the National Virtual Library of India (NVLI) are a step toward modernization, the digital divide remains a significant challenge. The focus is now on digitizing and networking libraries to make them relevant in the 21st century.