The Kerala Public Libraries Act A Critical Evaluation in the Perspective of Library Legislation in India Dr. T.P.O. Nasirudheen Associate Professor & Head Dept. of Library & Information Science Farook College, Calicut -673 632 E-mail: nastpo@farookcollege.ac.in
Public Library Public library is a community agency providing access at local level to a range of knowledge and information for the benefit of the individual and society as a whole. Public libraries should be based on legislation, which assures their continuance and their place in the government structure. 2
Public library is the responsibility of local and national authorities. It has to be an essential component of any long-term strategy for culture, information provision, literacy and education It must be supported by specific legislation and financed by national and local governments. (IFLA/UNESCO Public Library Manifesto, 1994) 3
Public library legislation is a forceful instrument to establish a public library system in a state and to sustain a continuous flow of fund for the organisation and maintenance of the public library services. However, after a long struggle, the Kerala State has been provided a legal basis for the public library organisation and services in 1989. 4
The bill in the course of the discussion in the Legislative Assembly was named as the Kerala Public Libraries (Kerala Granthasala Sanghom) Act. The bill was passed on 23 rd February 1989. The KGS is merged in the Kerala State Library Council. Earlier the KGS was taken over by the State Govt. to resolve the internal tussle in the Sanghom in 1977. 5
Model Public Library Bills/Acts 1) Model Public Libraries Act of S. R. Ranganathan (1972) Ranganathan modified some of the clauses in his Model Library Act of 1930 and brought out a revised one as Model Public Libraries Act 2) Model Library Bill of the Ministry of Education, Govt. of India (1963) 6
1. Tamil Nadu Public Libraries Act, 1948. 2. Andhra Pradesh Public Libraries Act, 1960. 3. Karnataka Public Libraries Act, 1965. 4. Maharashtra Public Libraries Act, 1967. 5. West Bengal Public Libraries Act, 1979. 6. Manipur Public Libraries Act, 1988. 7. Kerala Public Libraries Act, 1989. 8. Haryana Public Libraries Act, 1989. 9. Mizorum Public Libraries Act, 1993. 10. Goa Public Libraries Act, 1994. 11. Orissa Public Libraries Act, 2001. 12. Gujrat Public Libraries Act, 2004 7
13) Uttarakhand-2005 14) Rajasthan-2006 15) Uttar Pradesh 2006 16) Chattisgarh-2007 17) Bihar-2008 18) Arunachal Pradesh 2009 8
Objectives of Public Library Act the Model Public Libraries Act (1972) aims at the establishment and maintenance of a comprehensive and integrated public library system the Model Public Libraries Bill (1963) and all the State Public Libraries Acts in India provide for the establishment and maintenance of public libraries only. 9
The KPL Act states the objectives as 1) the consolidation and unification of the library laws in the State and 2) reorganisation of the entire library system in the State of Kerala 3) the development and maintenance of comprehensive rural and urban library services and for matters connected therewith or incidental thereto. 10
The KPL Act is intended to bring about uniform public library legislation repealing all the existing library laws in the State applicable to all the existing library authorities and organisations in the State. The Madras Public Libraries Act (1948) was in force in the erstwhile Malabar as the Malabar was once a district of Madras Presidency.. 11
An Ordinace was promulgated by the State Legislative Assembly for taking over the management of the KGS in 1977. The Ordinace was extended many times as and when the period got expired. The Ordinance later became the Kerala Granthasala Sangham (Taking over the Management) Act. 12
The concept of a library system emphasises that public libraries at different levels viz. state, city, district along with branches or service units should be interlinked to form part of a system or network. It was only S.R. Ranganathan who advocated strongly for the development of public library services on the system basis rather than on unitary basis 13
While the State Public Libraries Acts in India treating public libraries as independent units in their collection and services, the KPL Act has accepted the most modern concept of public library system The statement of the 'system' in the objectives of the KPL Act is a distinct improvement over the Model Public Libraries Bill and all the State Public Libraries Acts in India 14
But the Act provides for reorganising the libraries under the different streams such as KGS, LLAs and local bodies with a view to bring about a public library system in the State. The statement of objective gives an impression that a public library system already exists in the state; and the KPL Act aims at reorganising the existing library system in the state. 15
But the fact is that no such public library system exists in the state; The KPL Act would have to aim at establishing and maintaining an integrated public library system in the state in stead of putting reorganising public library system in the statement of objectives. 16
STATE LIBRARY AUTHORITY Unesco, S. R. Ranganathan, F. M. Gardner and Hewitt : the Minister for Education / the Minister for Public Libraries as the State Library Authority (SLA) the minister is directly responsible to the legislature and through it to the people at large. It gives a unified command from the administrative point of view and a direct representation in State legislature. 17
Even a council / committee with the minister as president / chairman is not recommended to be the authority for providing an important activity like public library and information science. The Model Public Libraries Act (1972) of Ranganathan provide for the State Library Authority and Library Advisory Council/Committee as separate entities. 18
But there is no separate State Library Authority constituted in the State Public Libraries Acts in force in India. Authority & Advisory Advisory Andhra Pradesh 1. Tamilnadu Karnataka 2. Maharashtra Haryana 3. West Bengal Goa 4. Manipur Orissa 5. Mizoram Kerala 19
Three-tier structure of library authorities All the model library bills/acts and the state public libraries Acts in India provide for a two-tier structure of library authorities at state and district levels But the KPL Act provides for a three-tier structure of library authorities, namely State Library Council (SLC), District Library Council (DLC) and Taluk Library Council (TLC). 20
The KPL Act : State Library Council (SLC) is a democratically elected body of the representatives of bona fide users of grant-in-aid libraries in the State. Both the library authority and advisory functions are vested in the SLC which No separate State Library Authority is constituted as stipulated by the Unesco principles of public library legislation and as recommended by the public library legislation experts such as Gardner, Hewitt and Ranganathan. 21
COMPOSITION OF STATE LIBRARY COUNCIL The State Public Libraries Acts have prescribed membership on somewhat similar lines. It should have not more than 20 to 25 members. It should be a body having representatives of various institutions, organisations, Government etc. The representation is generally made by nomination 22
SLC should essentially include among its members: the Ministers for Education, Public Libraries, local bodies, State Librarian and Director of Public Libraries, Director of Education, Secretary to Government for Education, representatives of State Legislature, City Library Authorities, District Library Authorities, State Library Associations, and the universities in the State. experts in library and information science and representatives 23
Kerala State Library Council (KSLC) The SLC is constituted with one member each from a taluk elected by the General Body of the District Library Councils, five nominated members of whom one shall be a librarian, a woman and one belonging to the scheduled caste or scheduled tribe and five Secretaries of the various departments of the Government Executive Committee of the SLC consisting of 25 members of whom 15 shall be elected by the members of the SLC from among themselves, the five nominated members and the five Secretaries of the various departments of Government 24
The elected members of the EC shall elect a President, Vice-president, Secretary and Joint Secretary from among themselves The KPL Act is more democratic in nature with great bias to the members of the affiliated libraries and virtually no nominations from the various sections of the society 25
Local Library Authority / District Library Council The Model Public Libraries Bill/Act and the State Public Libraries Acts in India (except Mizoram and Goa) recommend a Local Library Committee with most of the members as nominated and also a few elected members, representing educational institutions, local self-government bodies, professional associations, etc. But the Public Libraries Acts of Mizoram and Goa do not provide at all for such Local Library Authorities. The responsibility of providing public library services in both rural and urban areas is entrusted to the State Library Authority/Council 26
The KPL Act provides for a district library council constituted purely on the basis of democratic process from among the representatives of bona fide users of the grant-in-aid libraries in the State The DLC is constituted with seven members elected by the General Body of each TLC in the district. The Presidents and Secretaries of the TLCs in the district and the President of an affiliated library in the district headquarters will also be nominated to the Council But the KPL Act does not provide for the nomination of library professionals and representatives of library associations to the DLC. 27
City Library Authority (CLA) Ranganathan in his Model Public Libraries Act (1972) has suggested two types of Local Library Authorities - City Library Authority and District Library Authority States with CLA Tamilnadu Andhra Pradesh Karnataka Maharashtra Haryana States without CLA 1. West Bengal 2. Manipur 3. Kerala 4. Orissa 28
TALUK LIBRARY COUNCIL Taluk Library Council (TLC) is the third-tier and the base of the hierarchical structure of library authorities in the State. The constitution of a library authority at taluk level is a unique feature in the KPL Act, not found in any other State Public Libraries Acts in India. TLC is an elected body from among the bona fide members of the affiliated libraries in the taluk. Taluk Library Council (TLC) is constituted with two representatives of each affiliated library in a taluk. 29
Chairman/President the State Public Libraries Acts provide for either the Minister for Education as the Chairperson of the State Library Council States with Minister for Education as Chairman / President of SLC Karnataka Manipur Mizoram Haryana West Bengal Goa Maharashtra 30
The Andhra Pradesh Public Libraries Act (1960): an eminent person in the field of education and library movement as the Chairperson of the Granthalaya Parishad (SLC) The Orissa Public Libraries Act (2001: the Minister for Tourism and Culture as the Chairperson of the three-member authority 31
But the KPL Act provides for Minister for Education neither as the State Library Authority nor as the Chairman of the SLC. An elected member from among the elected representatives of bona fide members of the grant-inaid libraries in the State is made as the Chairman of the SLC. 32
The SLC is constituted without the executive powers as the Minister for Education or a minister for public libraries is totally absent in the constitution of this apex policy making body. This is not ideal for the development of a proper public library system in the State 33
Chief Executive Authority / Secretary all the State Public Libraries Acts in India provide for either the Director of Public Libraries or the State Librarian who is an academically and professionally qualified person or at least a civil servant to serve as the Chief Executive Authority. The Model Public Library Act (1972: State Librarian as the Secretary of the SLC that advises the Minister for Education who is the SLA. State Librarian also heads the Department of Public Libraries. 34
State Librarian as Secretary Director as Secretary Model Public Library Act (1972) Model Pub.Libr.Bill (1963) Karnataka Pub. Libr. Act Tamil Nadu, Andhra Pradesh, Maharashtra, West Bengal, Manipur, Haryana, Goa Orissa 35
the KPL Act provides neither a Director of Public Libraries nor a State Librarian, but an elected member to serve as the Chief Executive Authority of the SLC. The KPL Act provides for a member elected from among the members of the Executive Committee of the SLC as the Secretary of the Council. The Secretary of the Council shall be the Chief Executive Authority. 36
Professional Representation The Model Public Libraries Act (1972): the State Librarian with the prescribed academic and professional qualifications and experience in library service, three representatives of the library professionals' associations in the State and three library experts with special knowledge of library science and service in the constitution of State Library Committee 37
The State Public Libraries Acts in India provides for adequate representation to library science experts and library professionals in the State Library Authority/State Library Council. 38
But the KPL Act provides for a token representation of only one library professional who must not be an expert, in such a large body of about 72 members. The matter becomes more serious when we consider the fact that the KPL provides for a SLC which is not only an advisory body but also serves as the State Library Authority, 39
Comments: The affiliated library is the basic unit of the public library system The constitution of the library authorities from taluk level to the state level and the hierarchical structure and organisation of public library system show the democratic participation of the user community of the affiliated libraries in the State. The participation is made possible at all the levels through the electoral process. This is a unique feature found in the KPL Act only. 40
No representative nominations are made to these library councils from the various sections of the society including the professional associations. The KPL Act is more biased towards the affiliated libraries under the KGS. The statutory bodies are constituted with the representatives of the affiliated libraries only. It therefore perpetuates the system of affiliated libraries and it will not promote a transition from the grant-in-aid library system to the public library system even in the course of time. 41
LIBRARY FINANCE State Library Fund Ranganathan's Model Public Libraries Act (1972): the Local Library Fund (LLF) and State Library Fund (SLF) most of the State Public Libraries Acts in India also provide for either Local Library Fund (LLF) only or both SLF and LLF 40 42
The KPL Act provides for only a State Library Fund mobilised and maintained by the State Library Council The KPL Act did not provide for a separate district library fund or taluk library fund The KPL Act provided for mobilising the SLC through a variety of sources: library cess, State Government grant, Central Government grant, gift, contributions etc. 43
Library Cess + Grant The Model Public Libraries Act (1972) Madras, Andhra Pradesh, Karnataka, Kerala, Haryana and Goa library cess levied on property, building, land or house tax, 44
No library Cess, only Grant the Model Public Libraries Bill (1963) Maharashtra, West Bengal, Manipur, Mizorum and Orissa 45
The Model Public Libraries Act (1972) and the Karnataka Public Libraries Act (1965): levy of library cess at the rate of three paise for every one rupee collected on land and building tax for district library fund maintained by the DLC a wide tax base of a variety of items such as octroi, vehicle, profession, trade, calling and employment, apart from the land and building tax, for mobilizing the City Library Fund (CLF) to be maintained by City Library Council 46
The KPL Act: library cess levied on building or property tax at the rate of five paise. the rate is within the range of library cess being levied generally in the public library legislation in India. the library cess to be credited to the SLF only But the library cess levied only on one item of tax either property or building tax will not bring sufficient amount required. 47
Government Grant Public library legislation in India generally provides for an annual grant from the State Government, in addition to the amount collected from the library cess. The Model Public Libraries Act (1972) and the Karnataka Public Libraries Act (1965) provide for an annual grant of an amount equal to three per cent of the land revenue collection of the district to be credited to the DLF. 46 48
The KPL Act provides for the allocation of an annual grant of a sum which shall not be more than one per cent of the amount allotted for education in the State Budget for the year and to be credited to the SLF. The KPL Act has obviously put a maximum limit for the grant allotted by the Government in the State Budget, but it evades cleverly the minimum limit for the annual library grant to the SLC. 47 49
The evading statement in the KPL Act may give the State Government a chance to sanction only a small portion of the amount allotted for the library grant from the education budget of the State, 50
Directorate / Department of Public Libraries A Directorate/Department of Public Libraries was strongly recommended to develop the system of public libraries in a state or country on proper lines. A Directorate of Public Libraries is regarded as the key stone of the public library system of a State. While all the other State Public Libraries Acts in India provided for a Directorate/ Department of Public Libraries, the KPL Act has provided neither for the Directorate/Department of Public Libraries nor for the State Central Library. 48 51
State Library Service The State Library Service that pools the manpower for the library and information service in a State is very essential for the establishment of a public library system and for providing quality library service in the State. The KPL Act has not provided for such a state library service, but the Act gives the SLCs, DLCs and TLCs the powers to appoint and control required officers and employees 49 52
Library Co-operation The KPL Act has not provided for a state library system headed by a state central library or a district library network led by a district central library or a taluk library network. The provision for the State Central Library and / or the Directorate of Public Libraries which are to give leadership in such activities is totally absent in this Act. The KPL Act provided for the establishment of more than one state library. The Trivandrum Public Library should have been made as the state central library. But it continues to be a department of the Government. 50 53
Evaluation But even after two decades of the enactment of the law the state has not yet been able to bring about a public library system in its true sense with all the traits of modern librarianship in the context of emerging information and communication technologies. The wrongly spelt out provisions while framing the KPL Act may be the reasons subscribed for this unhealthy development of public libraries. 54
A lot has to be made to improve the public library situation in the state. The Kerala Government has to do the needful for cleansing the evading provisions of the KPL Act. 55
A public library service develops human resources for the scientific organisation of public library network and for providing quality library service. But no provisions have been given in the KPL Act for such a public library system and service. The provision for library finance in the Act is too inadequate to organise a public library network and to reach the people, especially in the rural areas, the library and information service effectively and efficiently. 56
A well-organized public library system developed in a hierarchical structure right from the State level to village level through regional, district and taluk levels shall be the foundation of a public library network for the effective sharing of the resources of the more than 4000 public libraries in the State. Such a public library network could be envisaged only when adequate representation is given to the library and information professionals in the composition of library authorities at different levels. 57
Recommendations It is recommended to take steps towards the provisions in the KPL Act for establishing public library system and for adequate professional representation in the library authorities at different levels. It is also recommended to amend the fiscal provision regarding financial support to the public library system prescribed as Not more than one per cent of the amount allotted for education in the State Budget to Not less than one per cent 58
It is also recommended to restructure the constitution of library authorities to become corresponding and compatible to local self-governments that came into being as per the promulgation of the Panchayati Raj Act 59
Conclusion Even though it is not possible to foresee how the library system and service would take shape after the implementation of the provisions of the KPL Act, one can definitely see the possibility of utilising the Act by all concerned to serve the people better. If the majority of the members elected to these statutory bodies are dedicated, selfless people of integrity it is definitely possible to bring about drastic progressive measures to provide a comprehensive and integrated library and information service in the State. 60
The Kerala Public Libraries Act seems to be an experimental step to hand over the administration of public libraries to library users without any interference from any other outside agencies and pressure groups. Thanks 61