Library legislation in pakistan

LIBRARY LEGISLATION IN PAKISTAN
By
M.Yaseen Khan
Roll # PLIF17E006
1

CONTENTS
• TERMS TO BE CONSIDERED
• INTRODUCTION TO LEGISLATIVE TERMINOLOGY
• DEFINATIONS
• NEED FOR LIBRARY LEGISLATION
• LEGAL FRAMEWORK FOR LIBRARIES IN PAKISTAN
• LEGAL FRAMEWORK FOR LIBRARIES IN PROVINCES
• DEVELOPMENT ACTIONS FOR LIBRARY SYSTEM
• NEED FOR A NATIONAL INFORMATION POLICY ON LIBRARIES
• CONCLUSION
• REFERENCES
2

TERMS TO BE CONSIDERED
SOCIETY:
Society means living together of more then one
individuals to meet their interdependency
requirements.
STATE:
The state for all practical purposes is an association or
an organization of a group of persons who are
associated into a unity of will established within a
society for achievement of conscious but limited
purposes.
3

Cont…
Ingredients of State: (Montevideo Convention, 1933)
a) Permanent population
b) A defined territory
c) Government
d) Sovereignty
Constitution:
“Constitution is a document that deals with the appointment of
three organs, lays down their functions and powers, describe
relation of these organs with each other and their relation with
citizens.”
“The constitution is the supreme law of the land, the fundamental
law from which all public authorities drive their powers, all laws
their validity and all subjects and their rights.” 4

Cont…
The Constitution sets up the Government
The government is split into three parts or branches:
1. Legislature (to Make laws)
2. Executive (to Implement these laws)
3. Judiciary (to Interpret these laws)
5

INTRODUCTION TO LEGISLATIVE
TERMINOLOGY
• LEGISLATION:
A law or set of laws made by a govt. or the
action or process of making laws is known as
legislation. The enactments of a legislator or
legislative body.
• Legislation are various kinds & these are:
Supreme & subordinate legislation
Direct & indirect legislation
Delegated legislation
Conditional legislation 6

Cont…
• ACTS:
When a bill is passed by the
legislatures (both houses) it becomes an act.
• ORDINANCE:
An ordinance is a temporary law that
can be issued by a Government without tabling
it in both Houses. The President may
promulgate required ordinances under Article
89 of the constitution of 1973 & maximum
validity period of ordinance is four months. 7

Cont…
• BYLAWS
RULES :
Rules can be described as the guidelines or
instructions of doing something correctly. these are the principles
that govern the conduct or behavior or a person in an organization or
country.
REGULATIONS:
Regulations refer to the directives or statute enforced
by law, in a particular country.
A rule of order having the force of law,
prescribed by a Superior or competent authority, relating to the
actions of those under the authority's control. 8

Cont…
• NOTIFICATION:
A notification is issued by a government (central/ state) to
exercise the power of a legislative enactment. These notifications
generally lay down the law taking care of some procedural aspects
of the enactment. Notification generally gives effect to any law in
the public domain.
• CIRCULAR:
The circulars are issued by the chief executive in charge of
the taxation hierarchy, and are normally explanatory/ interpretative
or relax the rigours of the law administered. A circular dictates the
rule /policy/method for implementing any law or section of law.
9

DEFINATION
 The Legal provision for establishing
a library system, its maintenance, services,
functions, right and management under any state
or a national government.
 Library legislation is an important and basic need
for the libraries in order to make a maintenance
check over the library functions.
 Library legislation actually is the legal farm work
for the proper running of the library function.
10

NEED FOR LIBRARY LEGISLATION
 To explore the Legal and Regulatory Framework available for
Libraries in Pakistan.
 To study policies and plans of the Govt. of Pakistan, especially in
the financial outlay of the Five Year Plans and their impact on
the development of Library System in Pakistan from 1947
onwards.
 To highlight the situation of Libraries in Pakistan Vision 2030.
 To recommend strategies and practices to make library
profession and professionals in Pakistan active participants in
development of knowledge economy in Pakistan.
11

Legal Framework for Libraries in Pakistan
1947 - Pakistan acquired an interim Constitution in the
form of Govt. of India Act 1935 - Seventh Schedule
(legislative Lists) Federal Legislative List (1) , Entry
No. 11. Libraries, museums and similar institutions,
controlled or financed by the Federation.
In 1956 - and successive 1962 Constitutions, followed
the same pattern. Additionally, the 1962 Constitution of
the Islamic Republic of Pakistan, in Chapter VI, Third
Schedule, under Matters with respect to which the
Central Legislature has exclusive powers also mentions:
29. National libraries and museums. 12

 The Constitution 1973 - The Constitution in the Federal
Legislative List as contained in the 4th Schedule [Article-70(4)]. At
item No. 15 of the Federal Legislative list , is mentions: Entry No
15; “Libraries, museums, and similar institutions controlled or
financed by the Federation”.
 2003 - The Constitution of Pakistan (17th amendment
2003), in the Fourth Schedule [Article-70(4)], at item No.
15, of the Federal Legislative list is mentioned: (p157)
Entry No 15: “Libraries, museums, and similar
institutions controlled or financed by the Federation” .
13

 2009. Pakistan. National Education Policy (Revised). August 01, 2009.
 Under the 18 Policy Actions adopted for QUALITY IN TEXTBOOKS AND
LEARNING MATERIALS – 8 items at nos. 11 to 17 were added regarding
some aspects of libraries and librarians with the effort of PLA Federal Branch.
 2010 - The Constitution of Pakistan (18th amendment 2010), in the Fourth
Schedule [Article-70(4)], at item No. 15, of the Federal Legislative list is
mentioned: (p157) Entry No 15: Libraries, museums, and similar institutions
controlled or financed by the Federation.
 The Senate Standing Committee on Education passed the National Library Act
2010 on Tuesday, March 9, 2010, In ISLAMABAD.
 Vision 2030 document section 3.2.4. The Case for Reading, of Vision 2030
document, where libraries have been discussed only at very basic level in
schools and in tehsils.
14

Legal Framework for Libraries in provinces
 NWFP, now known as Khyber Pakhtunkhwa Municipal
Act, 1950 chapter iv section 2(c) envisage the meaning of
other institutions to promote education including the
libraries at municipality.
 Sindh establishment of Provincial library and museum
ordinance, 1951 (ordinance IV of 1951) discussed about
establishment & acquisition of museum & library in Sindh
province besides it also mentioned the appointment of
library board and library staff.
15

 Sindh establishment of Provincial library and museum act, 1953
the new section 17 was inserted in the above mention ordinance.
 The Sindh cultural Advancement Act, 1955 provides the
establishment of the library department, creating the network of
public libraries but under act only one library named the Shams-
Ul-Ulema Daudpota Public Library Hyderabad in 1955.
 Basic Democracies Order, 1959 third Schedule (Rule 34),
Article 27 part 1 and article (33) in each union council provision
of libraries, maintenance of libraries and reading rooms was
made necessary.
 The Municipal Administration Ordinance, 1960 part IV, chap.
XI culture -104 a municipal committee shall establish and
maintain public libraries, circulation reading room facility was
mandatory. 16

 Baluchistan People‟s Local Govt. ordinance 1972 chapter IV,
article 32(2) & 33 have been authorized to establish and maintain
a public library, reading rooms & circulation of books for the use
of public. The ordinance categorically provide libraries at local
councils and municipality.
 NWFP people‟s Local Govt. Ordinance, 1972, Section 25, Part
XI entry 63 authorized to establish and maintain a public library,
reading rooms & circulation of books for the use of public. By
sec. 26(1) under 4th schedule Part-II (a-1) provisions have been
made for the establishment & maintenance of schools libraries &
reading rooms.
 Sindh People‟s local Government Ordinance, 1972 ensures the provisions for
establishment of Libraries, Museums and Art Galleries at Metropolitan,
Municipalities, Town Committees & district Councils levels.
17

The Punjab Local Govt. Act, 1975, Chapter –IX Sec. 51-
A-(5) provision of public library have been made in
Halqa Councils, Zila Councils and Municipals. The same
was incorporated in Baluchistan by Baluchistan Local
Govt. Act, 1975.
 NWFP local Govt. Ordinance, 1979:
Chapter VIII, Sec. 52-B-(32) provision of library & reading
rooms at union council.
Chapter IX, Sec. 53 Sub-section L-(61) provision of
libraries & maintenance at District Councils.
Chapter XI, Part H, Section 117 provides for public
libraries, reading rooms and circulating libraries. 18

• Sindh Local Govt. Ordinance, 1979 chapter VI, Sec. 40, Schedule-
II under compulsory functions at part-I subsection-3 empowers for
maintenance, development and planning of Art Galleries,
Museums and Libraries. Section 16 deals with municipal
corporation libraries & section 14 deals with district councils
while section 44 deals with all the union councils in the province
of Sindh.
• Punjab Local Govt. Ordinance 1979 chap. VIII section 51 a Zila
Council will maintain libraries and reading rooms. Chapter IX
Part H Subsection -116 provision of public libraries and reading
room.
• Baluchistan Local Govt. Act, 1979 provides for establishment of
libraries under section 35, 54(5), 60(39) and 99(125) at union
councils, district and Municipal level. 19

• The Local Government Ordinance 2001 has been
promulgated for all the four provinces for introducing
local government at the District & Tehsil levels.
• Under Schedule 6th read with section 195 at serial no 42
of said ordinance, it gives the concerned local
government to establish & maintain such libraries,
reading rooms and circulation libraries as may be
necessary for the use of public at district level & Tehsil
levels.
20

DEVELOPMENT ACTIONS FOR LIBRARY SYSTEM
• By virtue of first development (1948-54): establishment of Directorate of
Archives and Libraries within the Ministry of Education in 1949 & it was
decided that number of new public libraries have been established.
• 2nd development (1955-60) to develop the public library system in Pakistan, an
Australian Library consultant Mr. L C Key was invited. The Key Report
stressed that „separate legislation will be required for national libraries and
provincial libraries” The Ayub Government strengthened the planned provisions
for public libraries.
• The Third five-year (1965 – 1970) plan was designed with the similar provisions
for establishment & development of libraries as its immediate predecessor, the
2nd Five Year Plan but the 3rd Five-Year Plan was virtually abandoned by the
Yahya Khan‟s government.
21

• In the 5th five year development plan: library planning, library
legislation, development and financial support is ensured by the
govt. Over all major chunk of library legislation was made on 1st,
2nd, 3rd and 5th development plan.
• The Sixth Five-Year Plan (1978-83), prepared in 1978 under Zia
regime. In this period the library planning, finance &
development was focused.
• The Seventh Five-Year Plan was formulated during the Zia-ul-
Haq period. But after his death, in 1988, the newly elected
government of Benazir Bhutto took over the charge.
22

• The Planning Commission published the Eighth Five-Year Plan
In 1994 during the second term of t of Benazir Bhutto
Government to cover the period 1993 – 1998.
• The Ninth Plan was formulated by Nawaz Sharif government to
cover the period 1998-2003. In October 1999, this government
was dismissed with the military coup by the Chief of Army Staff.
• In June 2004, the Planning Commission to issued Tenth Five-
Year Plan 2005-10 with the new name „Medium Term
Development Framework (MTDF) under Musharraf
Government.
23

NEED FOR A NATIONAL INFORMATION POLICY ON
LIBRARIES
• This is a moment of making forward looking
decisions to make the Library play its Vital role
in the KNOWLEDGE SOCIETY of this fast
changing and fast moving digital information is
just normal
• A National Policy for Library and Information
Systems and Services in Pakistan, is the need of
the day.
24

CONCLUSION
 Planners of the knowledge society for Pakistan must realize that by undermining
the role of Libraries in the knowledge Society, an integral ingredient for
development will remain missing.
 No doubt the legislative response to the libraries theoretical, but its practices in
the field seems inadequate, Library Legislation is becoming old fashioned and
obsolete while facing online information age . In order to get meaningful results
from this Legislation, the Government should not only rephrase it and modify its
scope to include modern forms of information and libraries but also they ought
to take solid steps for the betterment and growth of national informational center
and to broaden their scope for nationwide implication.
 A National Policy on Libraries and Library Systems in Pakistan, is a required
instrument for Govt. of Pakistan to develop library and information systems in
country. Such a Policy can clear all ambiguities about the role of libraries in a
digital age and provide a uniform legal framework for all types of libraries to
perform their function and to flourish.
25

REFERENCES
 Brohi H. Niaz. (2002). the Theory of Separation of Powers and its Implication for
Pakistan.Islamabad : Islamic International University, p.16.
 Daniele Caramani. (2011). Comparative Politics. London : Oxford University Press, 3rd ed., p.114
 Larry E. Sullivan. (2009).the sage Glossary of the Social and Behavioral Science.New Delhi : Sage
Publication.p.527.
 Xenophon Contoades.(2013). Engineering Constitutional change: A comparative prospective on
Europe, Canada and the USA,.London: Rutledge Taylor & Francis.p. 359
 Brian Duignan.( 2010). the Legislative branch of the Federal Government Purpose, process and
people. New York : Britannica Educational Publishing. p.17.
 Muhammad , Ishfaq Ahmed & Dr. Rafia, Sheikh. (2015). Public Library Legislation in Pakistan:
Legal and regulatory Infrastructure for public libraries in Pakistan, Academic Research
Journals.p.39-46
 https://www.slideshare.net/ata.rehman/bushra-library-legislation-and-
policyed?utm_source=slideshow02&utm_medium=ssemail&utm_campaign=share_slideshow_logg
edout
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