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Foundation of Library and Information Science

Notes a democratic and free society. We shall discuss the ways in which a model public library bill can
be formulated and shall also note what we expect out of a model public library act and how it
should enable the libraries to function effectively for serving the public. The purpose of this
Unit is to enable the students to comprehend basic expressions. At the end of this unit you
should be able to understand the concept, history, need, purpose, factors and components of
Library Legislation.

12.1 Concept of Library Legislation

India became an independent republic in January 1950. It is a federal union of states, there being
seventeen states and ten union territories. The form of government is democratic, with a president
and two Houses of Parliament. The Upper House, or Council of States, is indirectly elected, the
members being elected by the legislative assembly of each state. The Lower House, or House of
the People, consists of 500 members directly elected by adult suffrage. Each state has its own
legislature, directly elected. Certain legislative powers are retained by the central government,
but education, the most important function so far as libraries are concerned, is reserved to the
states, though there is a central Ministry of Education with coordinating powers, including that
of making grants for specific purposes. These powers have been increased by the very large
sums made available under successive five-year plans. The area of India is 1,262,275 square
miles, and its population approximately 5 million.

This legislation means preparing the format of law or legislation. In the context of libraries, the
Library Act means to give legal provision for establishing a library system, its maintenance,
services, functions, right and management under any state or a national government. Library
legislation is capable of regulating various organs of public library services. It is an instrument
for the development of public libraries in a planned manner to ensure establishment,
development and maintenance of libraries in a uniform pattern. It can help in promoting a sense
of self-consciousness among the people who would feel it obligatory on their part to use services
offered by the library. In the year 1850, the first library act was passed in Great Britain. At
present, most of the countries specify free use of public library services.

Example: Delhi Public Library
Another example of executive action is the Delhi Public Library. This was founded by joint
action of the Government of India and UNESCO as a demonstration project applying Western
concepts of book provision, furniture and equipment in a developing country. In the final terms
of agreement between UNESCO and the Indian Government, the terms of reference for the
project were set out. It shall provide a public library service for the people of the City of Delhi
and shall be a model for all public library development in India, and in all other countries where
similar development of public libraries can be undertaken. The library shall be designed to
carry out the policy of the UNESCO Public Libraries Manifesto and to serve the needs of popular
education.
The legal powers to take over the many private or association libraries are also limited. To
bring them into the public sector would require separate legislation which is unlikely to be
voted. In view of the numbers of such libraries, this is important. Given a government determined
enough to create a nation-wide public library system, the position could, of course, be changed.
There is a national Ministry of Education, and it could be given coordinating functions. In fact,
the Advisory Committee of 1959 proposed this in the form of an All-India Library Advisory
Council, with an executive committee nominated by the Minister of Education, and a secretariat
consisting of a division of libraries in the Ministry of Education. It also suggested that the
Government of India should contribute to the library funds of the state an amount equal to funds
raised by property tax. Presumably, these proposals would require legislation at national level.

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