Library Legislation: An Overview
Library legislation provides a legal framework for the establishment, governance, maintenance, and effective operation of public libraries. It is often referred to as a Public Libraries Act and is considered the best and most assured way of providing public library services in a democratic society. The main purpose of such an act is to help readers use documents to enrich their knowledge, for leisure, or for any other purpose. A well-structured public library system, supported by law, typically forms a hierarchical network, from a state-level library down to divisional, district, block, and village libraries.
The Need for Library Legislation
The establishment and maintenance of free public libraries is globally recognised as a fundamental responsibility of national, state, and local governments. The UNESCO Public Library Manifesto (1994) specifically states that the public library is the responsibility of local and national authorities and must be supported by specific legislation and financed by national and local governments.
In India, prior to legislation, public libraries were often maintained by local bodies or voluntary organisations and suffered from several deficiencies that legislation aims to correct:
- Meagre and Unstable Funding: They relied on voluntary efforts, subscriptions, or donations, which could not provide for viable or modern services.
- Ad-hoc Governance: Management was often unstructured, without clear authority or resources.
- Limited Services: Services were often restricted to members only and lacked stability and scope for growth.
- Lack of Permanence: Many libraries functioned only as long as the initial enthusiasm of their founders lasted.
Therefore, a simple executive order from the government is insufficient to maintain a sound, permanent, and integrated library system. Comprehensive library legislation is necessary for the following key reasons:
- To Establish a Proper Administrative Body: Legislation creates a formal administrative and supervisory body with the necessary executive powers to manage the library system effectively.
- To Create a Well-Organised Network: It provides for a structured library system that covers the entire state, from urban centres down to remote villages, ensuring free access for all citizens.
- To Provide a Steady and Permanent Source of Finance: This is one of the most critical functions of legislation. It ensures a perennial source of income, most notably through the provision of a library cess, which provides a stable financial base that voluntary donations or subscriptions cannot.
- To Maintain High Standards: Legislation helps in maintaining uniform standards in library service across the entire system.
- To Ensure Accountability: A system established by law is obliged to meet its objectives and remains accountable for its performance and finances.
State Policy as a Precursor to Legislation
According to the Constitution of India, library services are a subject on the State List, making it obligatory for State Governments to enact library laws. Before enacting legislation, it is recommended that states first frame a clear State Policy for Library and Information Services. This policy defines objectives, priorities, and services in relation to community needs and should cover the following areas:
- Free Service: Public libraries should offer services freely to all members of the community without discrimination.
- User Priority: The policy should define the order of priority for serving different community groups, such as illiterates, neo-literates, children, and people pursuing self-education.
- Role as Information Centres: Libraries should act as local information centres, providing access to all types of information and preserving cultural heritage.
- Structural Framework: It should outline a two-tier public library system, with an apex body at the state level and a network extending to the district and village levels.
- Manpower: The policy should call for the creation of a State Library and Information Service Cadre with recruitment rules and service conditions subject to the provisions of Article 309 of the Constitution.
- Library Cess: It should include the intent to impose a library cess as a surcharge on taxes like property tax, house tax, and vehicle tax to ensure steady funding.
Essential Components of a Public Library Act
A modern Public Libraries Act, suitable for Indian conditions, should contain the following essential components:
Preamble: The Act's preamble should be precise and explicit, clearly stating the objectives of the legislation.
State Level Authority: It must provide for the constitution of a State Library Authority, which is the apex body responsible for implementing the Act. This authority is typically headed by the Minister-in-charge of libraries and is tasked with supervising and promoting the library service across the state.
Chief Executive: The Act should create the post of a Director of Public Libraries, who must be a library and information service professional. The Director acts as the chief executive responsible for supervising and controlling the entire public library system under the guidance of the State Library Authority.
Network of Libraries: There must be a provision for the establishment of a pyramidal structure of public libraries, creating a network that extends from the state level down to districts, towns, tehsils, and villages.
Financial Clauses: This is a crucial component. The Act must clearly spell out the financial sources to ensure a regular and permanent flow of funds.
- Library Cess: A key feature should be a mandatory provision to collect a library cess. 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". This cess is typically levied as a surcharge on sources like property tax, house tax, and vehicle tax.
- State Contribution: The Act should also include provisions for grants from the state government, which often match the amount collected through the cess.
Manpower: The legislation should include a provision to create a professional State Library Service cadre. All members of this service should be recognised as Government servants, with their recruitment and service conditions governed by the provisions of Article 309 of the Constitution of India.
Accountability: The Act must ensure that the activities and accounts of the Public Library System are open to public inspection and are subject to official audit rules.
Registration of Books (Legal Deposit): A provision should be included for the legal deposit of books and newspapers published within the state, which helps in building the collection of the state's libraries and in the compilation of the state bibliography.
Power to Make Rules: The State Library Authority should be empowered to frame rules for the smooth functioning, administration, and control of all offices and staff under the Act.
Ultimately, a well-formulated Model Library Act is an embodiment of Dr. S.R. Ranganathan's Five Laws of Library Science, as it provides a structured and financed system to ensure that books are for use, every reader gets their book, every book finds its reader, the time of the reader is saved, and the library system itself can function as a growing organism.