Library Legislation: United Kingdom, United States of America and India

Paper: MLIS-102 (D): Public Libraries
Unit No: 3

1. Introduction

"Library Legislation" refers to laws and regulations specifically enacted to govern libraries' establishment, operation, and management. These laws address various aspects of library services, including funding, accessibility, intellectual freedom, copyright issues, and the preservation of library materials. Library legislation ensures that libraries can fulfil their roles as information hubs, educational resources, and cultural centres while protecting the rights and interests of library users and the broader community.
Library legislation can vary from one jurisdiction to another, reflecting local needs, cultural values, and legal traditions. Typical components of such legislation may include provisions for library funding, the freedom to access information, the confidentiality of library records, and guidelines for collection development and management. Additionally, library legislation may address technology-related issues, such as digital resources, internet access, and intellectual property protection.
Overall, library legislation plays a vital role in shaping the legal framework that governs the establishment and operation of libraries, supporting their mission to provide information, education, and cultural enrichment to the public.

2. Library Legislation in the United Kingdom

The initiation of British library legislation on August 14, 1850, marked a pivotal moment in the history of British library development. Interestingly, this legislative milestone did not stem from public demand or professional library advocacy but was the result of the efforts of several influential individuals.
Three of these individuals played particularly active roles, tirelessly working to codify public library development. William Ewart and Joseph Brotherton, both Members of Parliament, along with Edward Edwards, an assistant in the British Museum, are credited for this achievement. The concerted efforts of Ewart and Brotherton within the House of Commons led to the enactment of the legislation, while Edward Edwards contributed crucial data to support this legislative endeavour. The 1850 Library Act and its Proponents: The 1850 Act, spearheaded by William Ewart, a Liverpool native with a Scottish heritage and a distinguished forty-year tenure in Parliament, played a crucial role in shaping British library development. Subsequent Amendments
The 1850 Act, while establishing a fundamental principle for public libraries, faced practical challenges that hindered its success. The severe restrictions on adoption, spending limits, utilisation of funds, and adoption methods posed significant obstacles. In 1850, Edward Edwards assumed the role of Librarian at the Manchester Public Library and recognised the need for amendments to overcome these challenges. Consequently, in 1855, a crucial amended Act was passed with notable features: Continuing his advocacy, Ewart, during his tenure as an MP, introduced another pivotal amendment in 1866. This amendment removed the population limit altogether, prescribing a simple majority for adoption instead of the previous two-thirds majority. Post-1866, there were several minor amendments in 1871, 1877, 1884, 1887, 1889, and 1891. However, a significant turning point occurred in 1892 when all preceding Acts were repealed, and a consolidated Act was enforced. Despite these legislative efforts, by 1900, only around 780 out of over 1000 boroughs and urban districts had adopted the Act. A noteworthy development during this period was the establishment of the Library Association in 1877, symbolising a landmark in the evolving landscape of library legislation.
The Public Libraries and Museum Act of 1964
In response to the recommendations put forth by the Roberts Committee, the Minister of Education, following consultations with local authorities, took significant steps to enhance the public library system. Acknowledging the importance of thorough examination, two working parties comprised of library and local authority representatives were established. These working parties, led by H.T. Bourdillon and E.B.H. Baker, delved into the technical aspects of efficient public library services and recommendations on inter-library cooperation.
The culmination of their efforts and the insights from the Roberts Report led to the enactment of the Public Libraries and Museum Act in 1964. This landmark legislation assigned the responsibility to the Secretary of State for Education and Science, empowering them to oversee and promote the continuous improvement of the public library service. The 1964 Act thus marked a pivotal moment, shaping the trajectory of public libraries and museums in the United Kingdom.
The British Library Act of 1972 In response to a comprehensive study led by the University Grants Commission's committee under Thomas Parry, the British Government took significant steps to address the state of university libraries in Britain. The Parry Committee Report 1967 highlighted the absence of a true apex in the national library system, advocating for establishing a British National Library.
Subsequently, the Secretary of State for Education and Science formed a new committee chaired by Dr. F.S. Dainton. This committee evaluated the functions and organisation of critical entities such as the British Museum Library, the National Lending Library for Science and Technology, and the Science Museum Library. Driven by the vision of creating a unified framework, the committee recommended the formation of a National Libraries Authority, emphasising control over reference units like the British Museum Library and the National Reference Library of Science and Invention, as well as lending libraries, including the National Lending Library for Science and Technology and the National Central Library.
Accepting these recommendations in principle, the government moved forward with legislation. The British Library Act of 1972 was enacted, officially coming into operation on July 1, 1973. This legislative milestone marked the establishment of the British Library, uniting various constituents under one national organisation and delineating its activities into three main fields: the reference service, lending service, and bibliographic service. The British Library emerged as a pivotal institution, shaping the landscape of library services in the United Kingdom.

3. Library Legislation in the USA: A Historical Perspective and Evolution

The origins of free public libraries in the United States can be traced back to the forward-thinking initiatives of Peterborough, New Hampshire. In 1823, the Peterborough Municipal Council earmarked funds in its budget to establish a free public library, marking the inception of public libraries in the modern sense. The legislative journey in the USA dates back to 1848, establishing the Boston Public Library through an Act passed by the General Court of Massachusetts. Following this, New Hampshire, in the subsequent year, legally empowered cities and towns to establish libraries, along with the provision to levy a separate tax for library funding.
Presently, every state in the USA has a Public Library Act, forming the legal foundation for creating and administrating public libraries, as well as tax provisions. While these Acts vary between states, some are comprehensive, covering various library types, including city, town, village, district, regional, or school district libraries. Familiar with all Acts is the principle that library use should be free for the residents of the concerned municipalities. Additionally, a notable feature across many Acts is the requirement to maintain proceeds from library taxes in a distinct fund, the library fund, preventing intermingling with other funds of the tax-collecting authority.
The evolution of federal legislation in the USA was gradual. The Library Services Act of 1956 marked the first general library law at the national level, emphasising a national commitment to supporting libraries in the broader educational program. Initially applicable to rural areas, it was amended in 1964 to encompass urban areas, leading to its renaming as the Library Services and Construction Act. This pivotal legislation allocated funds for library services and inter-library cooperation, underscoring the national significance of libraries in education.
Library legislation in the United States has undergone a significant historical evolution, shaped by the changing needs of communities, technological advancements, and a commitment to intellectual freedom. This overview draws from authoritative sources to provide insights into the key milestones and trends in the development of library legislation in the USA. Library legislation in the USA reflects a dynamic interplay of historical context, societal needs, and technological advancements. As communities evolve, so will the legislative frameworks that govern libraries, ensuring their continued role as vital hubs for education, information, and intellectual freedom.

4. The Journey to India's First Library Act

In 1924, during his visit to the UK, Professor Ranganathan witnessed the impact of the Library Act and recognised the pivotal role that library legislation could play in establishing a comprehensive network of public libraries accessible to all sections of society with public funds. First Library Act of India: Persisting in their efforts, the Madras Library Association, with the support of Ranganathan, achieved success in 1948. The then Minister for Education in Madras State, Honorable Avinasalingam Chettiar, played a crucial role in securing the passage of the Bill, marking a historic milestone. The enactment of the Madras Public Libraries Act in 1948 was India's first library legislation, a testament to Ranganathan's vision and dedication to promoting library services for the benefit of the community.
Union Bill of Ranganathan (Paving the Way for Library Development in India): In 1948, the Government of India took a significant step by appointing a committee to explore establishing a National Central Library in New Delhi. Dr. Ranganathan, a trailblazer in library science, played a crucial role in this initiative. His comprehensive report, titled "Library Development Plan: Thirty-Year Programme for India with Draft Library Bill for the Union and the Constituent States," outlined a visionary model for developing libraries in India.
The key features of the Model Act proposed by Ranganathan included: This visionary model, proposed by Ranganathan, laid the groundwork for a systematic and organised approach to library development in India. The incorporation of various authorities and services aimed to create a robust framework that could adapt to the population's diverse needs across different states and regions.
Indian Library Association’s Endeavors: Shaping Library Legislation in India - The 1989 Model Libraries Act. The Indian Library Association (ILA) has been pivotal in advocating for library legislation in India, consistently contributing to the cause since its early days. ILA Early Initiatives: Model Public Libraries Act, 1989 Salient Features of the Model Act: ILA's Model Public Libraries Act of 1989 is a testament to its unwavering commitment to advancing library legislation in India, reflecting a holistic approach to library governance and development.

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