Anju Shrestha - 6 Thesis Library

Importance of Library Legislation in the Context of Nepal
A thesis
Submitted to the
Central Department of Library and Information Science
For the Fulfillment of the Requirements for the Master’s of Arts in

Library and Information Science
Submitted by:
Ms. Anju Shrestha
Exam Symbol No: 281616
TU Regd. No: 6-2-40-979-2007
Central Department of Library and Information Science
Faculty of Humanities and Social Sciences
Tribhuvan University
Kirtipur, Kathmandu
October, 2022
Declaration
I declare that this thesis has been prepared entirely by me. It has not been submitted
for any other degree or professional qualification. The data, analysis, and
experimental work are almost solely my own work. Due reference has been provided
on all supporting literature and resources wherever required. I am aware of and
understand the university‘s policy on plagiarism.
Signature:
Name: Anju Shrestha
Exam Roll No.: 281616
TU Regd. No: 6-2-40-979-2007
Submitted Date: 10/11/2022
ii
Recommendation Letter
This is to certify that Ms. Anju Shrestha has completed this thesis entitled
―Importance of Library Legislation in the Context of Nepal” under my
supervision and guidance. I recommend that the thesis be submitted for final approval.
Date: 19/10/2022
…………………..
Assistant Professor
Sarita Gautam
Thesis Supervisor
iii
Letter of Acceptance
This thesis entitled ―Importance of Library Legislation in the Context of Nepal‖

has been submitted by Anju Shrestha to the Department of Library and Information
Science in partial fulfillment of the Master in Library and Information Science is
hereby accepted and approved.
Approval Committee
…………………..
Sarita Gautam
Thesis Supervisor
…………………..
External Examiner
…………………..
Nira Manandhar
Head of the Department
iv
Acknowledgment
It is my great pleasure to complete and submit this thesis entitled ―Importance of

Library Legislation in the Context of Nepal‖ as partial fulfillment of the Master in
Library and Information Science submitted to the Department of Library and
Information Science.
First of all, I would like to extend my sincere gratitude to my supervisor Mrs. Sarita
Gautam, Assistant Professor for granting me to write this thesis on the subject of my
interest. I am very grateful to her for her guidance, valuable suggestions, comments,
and encouragement in the completion of this entire study.
I am also thankful to all the respondents who kindly cooperated and managed their
time besides their daily chores and answered the queries without any hesitation.
I am also grateful to the Department of Library and Information Science for

supporting me and providing necessary assistance whenever required.
I would like to extend my sincere gratitude to University Grant Commission for the
financial assistance that added liveliness to carry out this research.
Finally, I am deeply indebted to my family members, teachers and friends who

supported me directly and indirectly by providing their motivation and supporting me
in every possible way.
Anju Shrestha
v
Abstract
This thesis entitled ―Importance of Library Legislation in the Context of Nepal‖

has been chosen for the study as there are numerous challenges in this arena due to
absence of proper library act. The objectives of this research study were to analyze the
need for a provision of library legislation, explore the present status of library law,
analyze the consequences of lack of library law and explain the importance of the
library legislation in the development of libraries and library professionals in Nepal.
Different documents such as constitution, LIS policy, directives, literatures and

journal and news articles relating to library legislation have been reviewed.
This study adopted a qualitative strategy and narrative research was conducted with
an interview schedule as the tool. The face-to-face interviewing method was used for
data collection and content analysis was done of the literature available as a
government document, journal and opinion articles of Nepali librarians and
authorities.
Neither the library professionals nor the government has made efforts for the
enactment of the library legislation at present. The Library Coordination and
Documentation Section was found working for the finalization and formulation of
National Book Policy and Education act. The Section suffered the lack of support and
coordination from the government and its representatives and the library professionals
and institutions were entangled in their own issues (regarding establishment,
development, management, sustainability and resources) due to lack of library
legislation.
The legal framework provides guidelines and defines responsibilities, a structure of

authority and means for stable financing for the proper functioning of the libraries and
helps in setting up a library system with an integrated network of libraries at all levels
of government. Thus, the representatives of the political parties, governmental
authorities, and library professionals should coordinate with the coordination section
to enact the pending acts as it is the sole responsibility of the government. The
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endorsement of national umbrella act that brings all the libraries into a system and
means to implement the policy, directives and programs defined is must.
Some recommendations of the study are: the library legislation at the national level
should be endorsed, the formation of Library Council is must, NNL and NLA should
exercise the authority and responsibility to enact laws and by-laws, the Coordination
Section should be supported by all stakeholders, libraries to be supported with grant-
in-aids and make them independent and free from political influence and so on.
Anju Shrestha
Exam Roll No.: 281616
Central Department of Library and Information Science,
Tribhuvan University, Kirtipur
vii
Preface
This research study, entitled "Importance of Library Legislation in the Context of

Nepal" was carried out and submitted to Tribhuvan University, Department of Library
and Information Sciences in partial fulfillment of the requirements for the Master's
degree in Library and Information Science.
The main objective of the research was to study the present status of the library law
and efforts made to endorse the library legislation, examine the aspects that can be
addressed through the legislation and highlight the importance of the library
legislation in Nepal. This study reviewed the proposed drafts for library law,
formulated government plans and documents and emphasized the need for enactment
and implementation of national law. There are five chapters which give the following
overview of each chapter:
Chapter I: Introduction - It covers the background of the study, statement of the
problem, research question, objectives, novelty and level of contribution of the study,
limitation/delimitation of the study, ethical/safety issues, and organization of the
study.
Chapter II: Literature Review – It includes a review of books, journal articles,
reports, governmental documents such as the constitution, plans, LIS policy and
directives, and proposed drafts. It also includes the conceptual framework of this
study.
Chapter III: Research Methodology - It incorporates research design, population
and sample, data collection procedures, and method of analysis and interpretation of
data.
Chapter IV: Data Analysis and Interpretation of the Responses – It includes the
analysis and interpretation of the responses. Collected responses have been interpreted
and narrated.
Chapter V: Summary, Findings, and Recommendations - It discusses the study's
summary, findings, and recommendations emphasizing the need of the library act to
create a national umbrella act under the Government of Nepal and develop an
integrated library system.
Anju Shrestha
viii
Table of the Contents
Declaration ....................................................................................................................................... ii
Recommendation Letter .................................................................................................................. iii
Letter of Acceptance ....................................................................................................................... iv
Acknowledgment ............................................................................................................................. v
Abstract ........................................................................................................................................... vi
Preface .......................................................................................................................................... viii
Table of Contents ............................................................................................................................ ix
Catalogue .......................................................................................................................................xiv
Abbreviation ..................................................................................................................................xvi
Chapter –I ........................................................................................................................................ 1
Introduction ...................................................................................................................................... 1
1.1. Background of the study: .......................................................................................................... 4
1.1.1. History of library development in Nepal: .......................................................................... 6
1.1.2. Library movement in Nepal: .............................................................................................. 6
1.1.3. Provision in the constitution: ............................................................................................. 7
1.1.4. Governmental efforts in the library sector: ........................................................................ 7
1.1.4.1. National book policy, library master plan, and library automation plan: ................... 8
ix
1.1.5. Nepal National Library: ..................................................................................................... 9
1.1.6. Nepal Library Association: ................................................................................................ 9
1.1.7. Efforts by library fraternity: ............................................................................................. 10
1.2. Statement of the problem: ................................................................................................... 10
1.3. Research questions: ............................................................................................................. 11
1.4. Research objectives:............................................................................................................ 11
1.5. Significance of the study:.................................................................................................... 11
1.6. Limitation/ delimitation of the study: ................................................................................. 11
1.7. Ethical/safety issues: ........................................................................................................... 12
1.8. Organization of the study: ................................................................................................... 12
References:..................................................................................................................................... 14
Chapter-II ....................................................................................................................................... 15
Literature review ............................................................................................................................ 15
2.1. Review of the literature:.......................................................................................................... 15
2.1.1. Governmental efforts in the inclusion of libraries in national plans and policies: ........... 16
2.1.2. Library and Information Service Policy, 2064: ............................................................... 19
2.1.3. Library and Information Management Directive, 2069: .................................................. 21
2.1.4. Local authorities/ libraries at the local level: ................................................................... 22
2.1.5. Library in Education Act/ regulations:............................................................................. 23
x
2.1.6. Proposed drafts for the enactment of the library act: ....................................................... 23
2.1.7. Role of libraries and legislation in the provision of library services: .............................. 24
2.1.8. Overview of library legislation in a few countries:.......................................................... 27
2.1.8.1. Library legislation in the United Kingdom: .............................................................. 27
2.1.8.2. Library legislation in the USA: ................................................................................. 28
2.1.8.3. Library legislation in India:....................................................................................... 29
2.1.9. Need for legislation on national and public library services: ........................................... 30
2.1.10. Gardner‘s study: ............................................................................................................. 31
2.1.10.1. Considerations in framing legislation: .................................................................... 31
2.2. Conceptual framework: ........................................................................................................... 34
References:..................................................................................................................................... 35
Chapter - III ................................................................................................................................... 36
Research Methodology .................................................................................................................. 36
3.1. Research design: ..................................................................................................................... 36
3.2. Population and sample: ........................................................................................................... 36
3.3. Data collection procedure: ...................................................................................................... 37
3.4. Analysis and interpretation of data: ........................................................................................ 37
References:..................................................................................................................................... 38
Chapter – IV................................................................................................................................... 39
xi
Data Analysis and Presentation ..................................................................................................... 39
4.1. Data analysis and interpretation of the responses: .................................................................. 39
I. Need for a provision of library legislation:............................................................................. 40
II. Exploration of the present status of library law in Nepal: ..................................................... 42
III. Analysis of the consequences of the lack of library legislation: .......................................... 44
IV. Importance of library legislation in the development of libraries and library

professionals in Nepal: ............................................................................................................... 45
References:..................................................................................................................................... 51
Chapter - V..................................................................................................................................... 52
Summary, Findings and Recommendations................................................................................... 52
5.1. Summary: ................................................................................................................................ 52
5.2. Findings: ................................................................................................................................. 54
5.3. Recommendations: .................................................................................................................. 56
References:..................................................................................................................................... 58
Annex I: ......................................................................................................................................... 60
Principles in the formulation of a public library law ..................................................................... 60
Annex II: ........................................................................................................................................ 64
Questionnaire ................................................................................................................................. 64
Annex III: ....................................................................................................................................... 66
xii
A model of the public library act: .................................................................................................. 66
Curriculum Vitae: .......................................................................................................................... 77
xiii
Catalogue
MAIN CARD (MAIN ENTRY)
D
021.8
Sh84i Shrestha, Anju
Importance of library legislation in the context of Nepal / submitted by
Anju Shrestha. – Kathmandu : Central Department of Library and
Information Science, 2022.
xvi, 77 p.
Includes references and annex.
Thesis (MLISc.): Tribhuvan University, Central Department of
Library and Information Science, 2022.
1. Libraries – Law and legislation. I. Title.
SHELF LIST CARD

D
021.8
Unacc. xvi, 77 p.
1. Libraries – Law and legislation. I. Title.
xiv
ADDED ENTRY (SUBJECT CARD)
D LIBRARIES - LAW AND LEGISLATION
021.8

xvi, 77 p.
ADDED ENTRY (TITLE CARD)
D Importance of library legislation in the context of Nepal
021.8

xvi, 77 p.
xv
Abbreviation
ICT : Information and Communications Technology
IFLA : International Federation of Library Associations and

Institutions
IFLALMW : IFLA Library Map of the World
ISBN : International Standard Book Number
LISSA : Library and Information Science Students Association
MoEST : Ministry of Education, Science and Technology
NCLA : Nepal Community Library Association
NLA : Nepal Library Association
NLF : Nepal Library Foundation
NNB : Nepal National Bibliography
QAAS : Quality Assurance and Accreditation System
READ Nepal : Rural Education and Development Nepal
REFSALA : Regional Federation of South Asian Library Associations
TUCL : Tribhuvan University Central Library
TULSSAA : Tribhuvan University Library Science Students‘ Alumni

Association
UNESCO : United Nations Educational Scientific and Cultural

Organization
VDC : Village Development Committee
xvi
Chapter –I
Introduction
The ancient libraries functioned as preservation centres but, along with the advent of
time, modern libraries are focused on the dissemination of information and its sources
rather than their preservation. Libraries, today, are social and non-profitable
institutions established with the mere objective of providing information services to
needy users that ultimately promote the knowledge and understanding of the citizenry.
Libraries, irrespective of their types, are the reservation centres of retrospective as
well as nascent information as they perform various functional activities such as
collection, organization, processing, preservation, and dissemination of that
information to the patrons, which eventually promotes their knowledge and stimulates
the society. (IFLA/UNESCO, 1994) states the public library is the local centre of
information that makes all kinds of knowledge and information freely available to its
patrons. Its services are provided based on equality of access for all, regardless of age,
race, sex, religion, nationality, language, or social status.
Among various kinds of libraries, the public library is considered the pool and
reservoir of information and knowledge derived from different parts of society. It,
therefore, without any doubt, acts as an important agent for fostering peace,
education, culture, and information. It provides a basic condition for lifelong learning,
independent decision-making, and cultural development of the individual as well as
social groups. It is the most suitable agency that offers all the necessities to satisfy
self-education. It, thus, requires having an organized, sound administrative
management system that fulfills all the requirements to meet its objectives. Hence, to
run the system in an organized way implies the setting up of a library system
comprising an integrated network of libraries such as the National Library along with
the libraries at the provincial, municipal and local levels that incorporate all types of
libraries existing till the date. The system calls for a need of a legal basis for its
effectiveness.
(Mittal, 1971) mentioned legislation as laying down the instructions to that

governmental personnel to properly discharge each of the functions of the
government. He added that it not only provides powers and functions but also sets
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limits and obligations. It is based on the proverb ―Rights imply duties‖. Legislation is
the act of preparing and enacting laws by the local, state or national legislatures. It is
useful in providing a framework for governmental action. It is a set of laws that are
intended to be obeyed by the people of a particular country. It is not only to be
followed by the common people of the country but also forms the foundation for the
national standards and guides the responsible authorities in carrying out their
functions efficiently.
Library legislation as a law or a set of laws passed by the Parliament or a new law by
local, provincial, or national legislatures is essential, which sooner or later supports
the regulation of the various organs of public library service as it becomes mandatory
to be followed by all in the country. It is the process of formulating laws that is
capable of guiding a particular issue or activity. IFLA in its glossary defines library
legislation as an expression of library policy in the form of law(s) or regulation(s) that
provides a legal framework for running and maintaining library services, defines tasks
and official guidelines for libraries‘ work, and lays down legal responsibilities in the
library field (IFLALMW, n.d.).
In ―Public library legislation: a comparative study‖, Gardner mentions that the system
of public libraries has been recognized as essential lately. According to him, it is
essential to incorporate the legal basis into a national or local public library system
and there must not only be a legal base but that base must provide an equal
opportunity to all the citizens to make optimum use of the services provided by the
public libraries (Gardner, 1971). Such legislation must be mandatory and all the areas
fall within the scope of the legislation. It should enable more chances for voluntary
cooperation between all kinds of libraries. Though the public library remains a locally
rooted institution, it provides service nationwide.
The libraries provide a self-learning environment and bolster social development.

Libraries and society are closely interlinked and interdependent. To establish,
maintain and sustain a library, there is a need for a lawful base that will constitute a
suitable administration and executive body with official powers. Since society
changes with time, legislation also should be feasible. The library legislation has
2
taken on new dimensions as well as a vital significance in the library at present.
According to Ladenson, many fundamental reforms have taken place such as
rewriting the public library laws, introducing new concepts and their enactment into
law, and emphasizing that law and legislation are the only tools to harvest social
outcomes. He borrows Roscoe Pound‘s remark that legislation implies ―putting into
the legal precepts that have already been worked out in experience‖. It generalizes
that library legislation is not something static; it is in a constant state of change and
evolution. He specifies library legislation to have three connotations corresponding to
the three basic areas of the law: a) constitutional law, b) statutory law, and c)
administrative law. Constitutional law is the body of law that is found in the federal
constitution. The constitution is the highest expression of the law and is superior to
the will of the legislature as it originates from the people. The legislature created by
the constitution cannot modify any of the provisions in that document except by the
people. Statutory law consists of the compilations and written codes of law that are
enacted by a legislative body whereas administrative law governs the functions of
administrative agencies (Ladenson, n.d.).
Legislation can be primary legislation and secondary legislation. Primary legislation

is made by the legislature. It is distinguishable in virtue of its source in parliament as
primary legislation. Primary legislation/ law deals with governing issues with national
laws as the core pillar of the political and socio-economic order whereas secondary
legislation, also called regulations, is made by bureaucracies. It is also known as
delegated/subordinated legislation as such laws are made by the people using powers
that Parliament, by the means of its Acts, has given them. The subsidiary legislation
may be termed as regulations, local laws, by-laws, rules, etc. The person most often
given power by acts to make subsidiary legislation is the Governor. The legislation
sets out the principles of public policy and regulation implements these principles,
bringing regulation into effect. The legislature sketches policies and decides on goals
and ends through primary legislation while the executive branch or the bureaucracy
implements and provides the means of employing those goals through regulations.
Legislation can be used to address non-regulatory issues and even non-policy issues.
3
The primary legislation commonly sets an extensive framework but implementation at
the national level is taken place by either secondary legislation or private regulations
of private actors (Kosti, 2019).
Legislation may be permissive or mandatory. Permissive legislation depends on the

will of the individual authority, whether local or central to provide library services on
need whereas mandatory legislation makes it obligatory for the library authority to
provide library services. Permissive legislation is of limited effectiveness even when
accompanied by financial inducements. Hence, legislation requires action to be taken,
wherever the ultimate source of action.
Library legislation deals with the laws passed by the government or legislative body
concerning the interests of libraries and related institutions. It lays down the proper
management of libraries and ensures financial support on a stable and progressive
basis and defines the responsible authorities. Since a public library is an institution for
the public, by the public, and of the public, the Manifesto also emphasizes that a
public library is the responsibility of local and national authorities and it must be
supported by specific legislation and financed by national and local governments. The
formulation of legislation for the national, governmental, and public libraries is
essential as it guides the proper development of the libraries as well as prevents the
mushrooming and establishment of unplanned libraries by setting national standards
for library and information service centres in Nepal. This will also definitely help to
draw the governmental attention in assisting in developing the traditional libraries into
the trending concept of libraries such as virtual libraries, e-libraries, or digital libraries
with the adoption of ICT in libraries and promote the library services as well.
1.1. Background of the study:

Even the history of library legislation does not trace back to early in history. The first
library Act was passed in 1850, in England, and was amended frequently. Various
committees were formed that carried out surveys and submitted reports with abundant
suggestions. It was only in 1972 British Government passed the Act called the
―British Library Act‖ which came into operation in July 1973 that paved the way for
4
library legislation in many developing countries. In 1876 AD, the USA followed the
British library system and became the first country in the world for enacting a law for
the establishment of libraries. Japan, in 1899, became the first Asian country whereas
it was only in 1930, that India made attempts at the national level in creating library
legislation. However, the emergence and development of libraries in Nepal have a
very short account. In the ancient period, personal collections of manuscripts and
books were collected and preserved in temples, monasteries, palaces, etc., and were
accessible to the rulers or the elite people only.
Different developed countries have identified libraries as the powerhouse of

knowledge and information, and thereby, developed their library legislation either at
the national or state level and brought it into practice. The developing countries are on
the trail of adopting the successful library legislation suite of those developed
countries. Though, in Nepal, it is yet not considered an important aspect of national
development which deals with the information generation, processing, and storage
along with the dissemination of new information and knowledge to the world that
ultimately promotes the enlightenment of the citizenry and advancement of the nation
as a whole. Despite having a long history of the establishment of the first library
‗Pustak Chitai Tahabil Library‘ and the endorsement of the royal ordinance in 1869,
the very sector lacks adequate progress in its arena.
As a result of posteriority and the lack of political interest of the respective

government, concerned political representatives, and the inadequacy of the advocacy
for the enactment of the library legislation, the proper guidelines in the form of
concrete legislation are yet to be formed by the government. The library and
information sector was and is still presumed as the profession taken for granted. It
was begun as an unidentified profession and is still underestimated and limited to the
perception of the library as a storage place and a librarian‘s job as just to check out
and check in the documents. The very sector lacks a proper system that governs the
authority, structure, and finance in this arena in Nepal.
5
1.1.1. History of library development in Nepal:
The history of the establishment and development of libraries in Nepal traces back to
the ancient period. The books and manuscripts were housed and preserved in temples,
monasteries, palaces, bihars, and gumbas. (Adhikari, 2016) explains that the credit for
the initiation of the collection of the manuscripts goes to king Prithvi Narayan Shah as
he, after the unification of the country, gathered the manuscripts and books from the
conquered rajyas and kept them in Hanumandhoka Durbar. On Bhadra 15, 1869, king
Girban Yuddha Bikram Shah promulgated the Royal ordinance and named the
collection ‗Pustak Chitai Tahabil Library‘. Only then became the first library to have
the legal provision. Pundit Kedar Nath was appointed not as a librarian but as the in-
charge to take care of the collection along with the other two helpers for library
activities. Later, after the rise of Prime Minister Jung Bahadur Rana, the collection
was shifted from Hanumandhoka to the upper floor of Thapathali Durbar School in
1904 BS. Khadga Ram Joshi and 5/6 librarians were appointed as the chief (Subba)
and assistants respectively. In 1953 BS, Bir Shumsher transferred all the documents
and manuscripts to Durbar School named it Durbar Library. Later, in 1957 BS, the
collection was shifted to Ghantaghar and named Ghantaghar Library, which during
the regime of Bir Shumsher, in 1962, was renamed Bir Library. Over time, it is
currently housed at Ram Shahpath and is known as National Archive, under the
Archeology Department.
1.1.2. Library movement in Nepal:
In the mid-19th century, the importance of libraries was realized and a worldwide
movement took place all over the world. As a result, academic libraries, special
libraries, and public libraries were established in various countries. Library legislation
was formed and Library Associations were established. The movement had an impact
in Nepal too (B. K. Shrestha, 1981). Thus, despite Rana‘s autocratic regime, the
educated people had gone to India for their studies and were aware of the importance
of libraries. They considered libraries as the platform for promoting education to
produce skilled, educated manpower and a centre for raising mass awareness. The
educated youths sought permission from the Ranas to establish libraries. But they
6
were denied as Ranas were not in the favor of providing education to the public. In
1930, during the regime of Prime Minister Bhim Shumsher, 45-46 youths were
actively involved and succeeded in taking permission to establish Saraswoti Library.
Unfortunately, they were accused of conspiring against the government and were
charged Rs. 100 per each except Ram Chandra Adhikari. In the history of Nepalese
librarianship, it is considered the first library movement and is popularly known as
Library Parva. Different libraries were set up despite the prohibition and suppression
of the government.
1.1.3. Provision in the constitution:
The constitution of Nepal 2072, Part 3, Article 27, and Article 31 have assured the
right to information and the right relating to education respectively whereas Part 4,
Article 51(h: 4) states the policies relating to the basic needs of the citizens to
establish and promote community information centres and libraries for the personality
development of citizens. (Chhetri, 2018) stated that it has mentioned the ‗central
library‘ and ‗provincial library‘ in the list of state power. The Schedule-5 (relating to
clause (1) of Article 57, and Article 109) list of Federal Power has enumerated serial
no. 15 as central universities and Schedule-6 as the list of State Power has mentioned
libraries in serial no. 8. It manifests the policies and obligations of the state as well as
a provision for the library in the constitution which to date has not succeeded in
working out effectively.
1.1.4. Governmental efforts in the library sector:
The Government of Nepal has also taken a few initiatives such as the establishment of
the Library Coordination Section, the celebration of Library Day since 2008, the
establishment of community learning centres, the allocation of library budget in local
bodies, the organization of various conferences, etc. So far, the government has been
able to include the provision of strategies and working policies in the 15th plan, and
endorse Library and Information Service Policy 2064, and Library and Information
Management Directive, 2069.
7
A nine-member committee was formed under the coordination of Dasharath Thapa,
the chief of Nepal National Library, and submitted the draft policy to the Ministry of
Education and Sports (MoES) which had been revised with suggestions from the
Ministry of Information and Communications (MoIC) and endorsed by a ministerial-
level meeting. (Kshetry, 2007, March 17) reported that Thapa claimed that the new
policy would determine the registration of libraries, set up the standard for a library,
budget allocation, data collection, and framework for various types of libraries along
with the methods to keep the record updated. At present, the government has also
allocated a certain percentage of the education budget for the establishment and
development of libraries at all 753 local levels.
1.1.4.1. National book policy, library master plan, and library automation plan:
Different library professionals had been involved in aware the government regarding
the library law that would govern the overall existing libraries in the nation. Each time
they approached the government, they had been assured but the result is still lacking.
After the devastating earthquake, the then Minister of Education, Mr Giriraj Mani
Pokharel assured to carry out a study and take necessary actions on what efforts can
be done for the development of the library sector. As a result, three different
committees were formed on Falgun 30, 2072 that had proposed the draft report for
national book policy, library master plan, and library automation. Among these, only
the national book policy is in the process of formulation whereas the two others have
been halted for the time being.
A master plan was being developed to establish the library as a separate entity in itself
for the first time in Nepal. Then again the government abruptly stopped all the plans.
Dali, the coordinator of the library master plan committee for the Nepal National
Library and the library digitization and automation committee, formed in 2016 by the
Ministry of Education, to develop the library system and library services in Nepal
reported that the libraries are fundamental for the development of Nepal but the
Government of Nepal neglected the public outcry and did not value an institution like
the library (Bajracharya, 2020).
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1.1.5. Nepal National Library:
The national library of any country represents the apex body among the libraries and
is endowed with supreme power and responsibilities. But, Nepal National Library,
though established as the apex library in 2013, is deprived of the functions that are to
be performed by it. It has failed to act as a national agency for the issue of
International Standard Book Number (ISBN), Nepal National Bibliography (NNB),
and Copyright. Tribhuvan University Central Library (TUCL) has been carrying out
the functions of issuing ISBN and NNB whereas the Nepal Copyright Registrar‘s
Office provides the copyright under the Copyright Act, of 2002. Due to the
devastating earthquake of 2015, the buildings of NNL and other public libraries had
been destroyed. It took a long time for the government to build or renovate the
buildings of those public libraries. The NNL has been providing its service from Sano
Thimi recently. Currently, the NNL after getting land from the Nepal Government
located in the central place of Kathmandu got a budget for the building construction
and now is in the process of finalizing the contractor for the building construction.
1.1.6. Nepal Library Association:
Nepal Library Association was formed in 1954 AD under the chairmanship of Ananda
Prasad Dhungana. Due to some technical restrictions and legal provisions, it was
unable to be registered under his chairmanship and became inactive. It was re-
established in 1980 AD. With the efforts of the young professionals, it was
established as a non-profitable, non-governmental organization with the mission to
develop, promote and improve library and information services in Nepal as well as
provide a platform for the promotion of libraries and library profession, standardizing
procedures and equipment to be used in the libraries, promote awareness, library
literature, and conduct training, promote and develop the quality of work-force
following the need of the nation and change of time, etc. At present, the NLA headed
by I. P. Adhikari is active and has published its directory entitled ‗Directory of Nepal
Library Association Members – 2021‘ and ‗Access‘, an international journal of NLA
as well as conducting time to time zoom meetings in the current issues. NLA which
was not renewed for a long time has been renewed recently only and is expected to
9
function effectively for the development, rights, and betterment of libraries and
librarianship.
1.1.7. Efforts by library fraternity:
Different library associations, foundations, and institutions as well as library

professionals in this arena have made frequent attempts to aware the government
about the importance and roles played by libraries in creating awareness in the public,
promoting continuing education and literacy programs, and thereby supporting the
education mechanism of the country. Few library professionals and organizations are
involved in carrying out different activities in developing and flourishing libraries and
library-related activities throughout the nation. This sector not only lacks skilled
human resources but also lacks vigorous research in parallel. The personnel involved
in this arena not only report it to be pathetic but also find the process discouraging.
(Regional Education Directorate, 2014) A study report also manifests the problems
such as lack of skilled and trained human resources as well as physical infrastructure,
poor library management system, negligence of the government in prioritizing the
library service, etc.
Though different initiations have been made in the library and information sectors
such as endorsement of library policy and directives, the establishment of library
associations, foundations, and many other institutions providing library services along
with different personality development training and awareness programs for the
advocacy and development of this sector, it cannot be considered as a remarkable
achievement unless at least an act is formed and implemented.
1.2. Statement of the problem:
The clearer the law on the particular issue, the more obligations possible to be
received for the particular issue. In Nepal, though different libraries and information
centres are set up in various parts, they are not established based on any library law. It
is necessary to raise more advocacies for the need for library law in Nepal. So, this
study attempted to highlight the importance of library law in Nepal.
10
1.3. Research questions:
a. What is the present status of formulating the library law?

b. How can the library act address the issues regarding the development of
libraries and library professionals?
c. What is the importance of national library legislation?
1.4. Research objectives:
This study intended to advocate the need for a provision of library legislation, under
the umbrella of the national government. It aimed at exploring the present status of
library law in Nepal. The objective of the study was to analyze the consequences of
the lack of library law and thereby pursue to explain the importance of the library
act/ legislation in the development of libraries and library professionals in Nepal.
1.5. Significance of the study:
This study accumulated information concerning the efforts made by library

professionals, institutions, and the government to formulate the library policies,
directives, and drafts proposed to the governing bodies at the state level. This study
has been anticipated to add to the literature of library and information science and
thereby, is believed to form a basis for further research soon. This study has promoted
qualitative research in this sector.
1.6. Limitation/ delimitation of the study:
The study anticipated manifesting of the prevalent library issues with due focus on the
establishment, and development along with the functions, situations, and issues
(authoritativeness and funding) of the prevalent library system. It comprised
information that was provided by the key informants and the available documents.
The key informants involved for the interview schedule were presidents of NLA,
Nepali library professionals and government officials serving as the
undersecretary/officers in the libraries of the Government of Nepal, in the valley.
Purposive sampling was done while selecting the key informants based on their roles
in contributing to library law whereas few ex-presidents and government authorities
11
could not be interviewed because of various reasons such as health issues, remoteness,
and preoccupied schedules.
.
1.7. Ethical/safety issues:
Ethical norms such as personal anonymity have been considered (as per requirement)
for maintaining privacy and confidentiality to acquire reliable information.
1.8. Organization of the study:
 Chapter one included the introduction. This included what influenced in

conceiving and carrying out of this study along with the overview and
development of the library legislation. This chapter consisted of an
introduction and background of the study with various sub-headings such as
history of library development in Nepal, library movement in Nepal, provision
in the constitution, governmental efforts in the library sector, National book
policy, library master plan, and library automation plan, Nepal National
Library, Nepal Library Association, efforts by library fraternity, statement of
the problem, research questions, research objectives, significance of the study,
limitation/delimitation of the study, ethical/safety issues and organization of
the study.
 Chapter two included a literature review which incorporated the analysis and
interpretation of the documents such as national policies, Library and
Information Service Policy, 2064, Library and Information Management
Directive, 2069, proposed drafts for the enactment of the library act, journals
of library associations such as NLA, Library Coordination Department of
Government of Nepal, and conceptual framework, etc.
 Chapter three included the research methodology adopted for this study,
research design, population and sample of the study, and data collection and
analysis procedure.
 Chapter four included data analysis and interpretation of the responses through
the scheduled questionnaires.
12
 The last chapter, chapter five included a summary, findings, and
recommendations based on the finding of the study.
 References have been given at the end of each chapter.
 Appendix I and II consisted of Gardner‘s Principles in the formulation of
public library law and questionnaire respectively.
 A model of the library act has been prepared based on the works of literature/
documents available throughout the research project.
13
References:
Adhikari, I. P. (2016). Library and resource centre management and operation (3rd ed.).
Kathmandu: Library Management and Information Service Centre.
Bajracharya, S. (2020). Libraries are fundamental for the transformation of society, News
article The Kathmandu Post. Retrieved from
https://kathmandupost.com/books/2020/08/15/libraries-are-fundamental-for-the-
transformation-of-society
Shrestha, B. K. (1981). Library movement in Nepal Journal of Nepal Library Association,
1(1), 4 - 11.
Chhetri, S. B. (2018). Public libraries in federalism. Public and community libraries national
conference proceedings, 2074, 69-75 p.
Gardner, F. M. (1971). Public library legislation: a comparative study. Paris: UNESCO.
IFLA/UNESCO. (1994). IFLA/UNESCO public library manifesto 1994. Retrieved from
https://www.ifla.org/wp-content/uploads/2019/05/assets/public-
libraries/publications/PL-manifesto/pl-manifesto-en.pdf
IFLALMW. (n.d.). Glossary. Retrieved from https://librarymap.ifla.org/data-
glossary/policy_and_legislation
Kosti, N., Levi Faur, David, & Mor, Guy. (2019). Legislation and regulation: three analytical
distinctions. The theory and practice of legislation, 7(3), 169-178 p.
doi:10.1080/20508840.2019.1736369
Kshetry, R. (2007, March 17). Govt to endorse library policy. The Himalayan Times.
Retrieved from https://www.thehimalayantimes.com/Nepal/govt-to-endorse-library-
policy
Ladenson, A. (n.d.). Library legislation: some general considerations. Retrieved from
http://nppl.ir/wp-content/uploads/library-legislation-some-General-consideration.pdf
Mittal, R. L. (1971). Public library law : an international survey. Metropolitan Book.
Regional Education Directorate, P. ( 2014). A summary of study report on library

management in secondary schools. Regional Educational Journal 2071, 1(1), 186-
208.
14
Chapter-II
Literature review
2.1. Review of the literature:

In ancient times, the general notion of a library stood for a place where manuscripts,
books, and other reading materials were merely stored irrelevant to their use. But,
with the advent of time, the concept has changed rapidly. Different libraries exist in
our surroundings at present. The libraries are named based on the collection,
functions, services they offer, and the patrons they intend to serve. Though they are
named differently as National libraries, academic library, public library, special
library, digital library, virtual library, e-library, missionary library, community
library, etc., their primary functions and services are alike. That is, they collect,
process, organize, store, disseminate and preserve the information and its sources for
posterity. However, they differ in terms of collection, functions, and the patrons they
serve. The National Library acts as the apex library among all. Academic libraries
promote education while university libraries support research projects and help in the
development process of a country. Besides, public libraries are community / social
agencies established with the motive of providing their services free of cost to the
community people at the local level. They form the local gateways to knowledge. The
special libraries are established by the organizations to fulfil the special information
requirement of the members of the parent organization. The digital, virtual, and e-
libraries have a collection in the form of digital content and the only difference is that
the virtual and e-libraries do not possess any physical existence, thus, they are
popularly called libraries without walls. The missionary library is one established by
the foreign missionary to share the cultural and socio-economic aspects and improve
the international relationship between the countries.
(Kumar, 1987) believed that a library holds an organized collection of documents and
other sources of information to provide physical, bibliographic, and intellectual access
to the intended group. It also facilitates the users with trained staff to provide services
and programs related to the information requirements of the groups. It provides basic
15
information needs of the users and community people. Since it provides a platform for
the proper utilization of leisure time and promotes the knowledge base, critical
thinking, and decision-making ability of the people, it is considered part of the
maturation of the social culture (learning, reading, and writing culture). Thus, the
government must take the very sector with the prime focus for the overall
development in different aspects of the country.
2.1.1. Governmental efforts in the inclusion of libraries in national plans

and policies:
The government of Nepal has included libraries in its planned document. The
inclusion can be noticed in the 8th plan, 9th plan, 10th plan, interim plan, and 15th plan.
The 15th plan as the ongoing one has a detail regarding the libraries. (The Fifteenth
Plan, 2019)The government of Nepal, the National Planning Commission, under the
heading of education in the social sector of The Fifteenth Plan (the fiscal year 2019/20
– 2023/24), has clearly stated that the government has envisioned the development of
human resources for socio-economic transformation and aimed to develop creative,
skilled, competitive, productive, and innovative human resource through quality
education. The fourth objective has been stated: to ensure the opportunity for life-long
education for all citizens. The strategies and working policies for the establishment
and development of libraries and information or resource centres as mentioned in the
fifteenth plan are as follows:
Strategies: Working policies:
3. To develop a quality standard and 1. A proper laboratory, library, and learning

accreditation system in school corner will be managed in the school to
education to maintain equal quality in encourage learning for reading and reading
school. for the learning process.
11. To develop higher education – 1. There will be an independent quality

providing universities and educational determination and accreditation authority
institutions as technology-based for the determination and accreditation of
16
learning centres for knowledge the quality of higher education and the
transfer and development and making quality accreditation of higher education
the Quality Assurance and providers will be carried out by developing
Accreditation System strong, an automatic system based on certain
powerful, and compulsory. standards.
3. A central data centre will be built to

support studies and research with
opportunities brought by information and
communication technology in all sorts of
educational programs and an e-library will
be established and operated.
12. To ensure lifelong learning by 1. A National Qualifications System will be

connecting learned knowledge and developed and procedures, processes, and
skills with income-generating mechanisms will be strengthened for
programs through informal education documenting, assessing, and verifying skills
and alternative learning. existing in the informal sector to open up all
sorts of approaches and paths to learning to
ensure learning through formal, informal,
and additional channels.
2. A public library system will be developed

for the development of reading culture and
lifelong education, and provisions will be
made for expanding the library with basic
facilities and electronic-library services at
the local levels.
13. To preserve and promote 3. Scientific exploration and research will

traditional and local knowledge, be integrated into higher education while
skills, and technology and to utilize promoting and preserving traditional and
17
modern technology propounded by local technologies. Furthermore, innovative
scientific exploration and research in technologies will be included in the school
the overall development process of and university curriculum as appropriate to
the country. utilize innovative technologies for the
overall development process of the country.
14. To make all levels and entities 2. The educational information management
associated with education, science, system will be made more systematic,
and technology responsible for effective, and technology-based and will be
prescribed performance and utilized in the formulation, implementation
achievement by creating a structural and monitoring of plans at the federal,
and legal basis for maintaining good provincial, and local levels by arranging the
governance, transparency, and delivery of information through the online
accountability. system from school and higher educational
institution.
5. An Umbrella Act will be formulated for

the operation and regulation of primary,
secondary, and higher education-related
educational institutions.
Considering the responsibilities of the local and national government, the government
has initiated formulating plans for the development of the library sector. The fifteenth
plan has included the strategies and working plans that have been defined. The
government aims to be very idealistic and expansive regarding its strategies and
working policies but lacks adequate actions for the implementation of the plans.
Though it is clearly stated that there shall be a properly managed library and learning
corner in each academic institution to develop the teaching-learning process, it is
found that most educational institutions have not established their libraries yet, and
even if some have, they lack skilled and professional manpower, proper management,
resources, and regular finance. The establishment and operation of a central data
18
centre to support studies and research with opportunities brought by ICT and an e-
library have been assured but the authorities of the Quality Assurance and
Accreditation System (QAAS) need to make an effective survey and take prompt
action for the delay or negligence. The System lacks the necessary actions for the
disobedience of the protocols. It demands the need to incorporate an official
professional librarian in its team for the inspection/ survey or monitoring and
evaluation of the institutions. The libraries do not have the provision of posts for a
professional librarian as a chief and a paraprofessional librarian as an assistant
librarian. Based on the adequate development of the libraries, the institutions should
be rated and provide necessary assistance based on fair monitoring and evaluation.
The legal structure and authority are not defined i.e. there is an urgent need for the
promulgation of library legislation to develop the public library system if we want the
development of reading culture from childhood and assure lifelong education, and the
legal provisions must be the responsibility of the government itself for their expansion
with basic facilities and electronic-library services at the local levels. The plan seems
very ambitious but lacks the proper structure and authority for funding for the
establishment and development of the libraries. The umbrella act should not only be
limited to academic institutions but rather include the law for the establishment,
sustainable development and promotion of all kinds of libraries in trend. The plan
involves the development of a public library system but evades the responsibilities of
defining structure and accountability in establishing, flourishing and sustaining those
centres. To obtain the objectives of the plan, the libraries should be supported,
developed, maintained and sustained through sustainable funding which is merely
possible through library legislation.
2.1.2. Library and Information Service Policy, 2064:
In the initiation of different library professionals in this very sector, the Government
of Nepal has also initiated and formulated the Library and Information Service Policy,
2064 and Library and Information Management Directive, 2069 for the promotion of
the library sector. The very policy was formulated to ascertain library service as one
of the fundamental rights as provided by the constitution of Nepal and with the vision
19
of establishing and promoting the libraries and information centres from the central to
the local level and assuring their effective functioning and operation to disseminate
the required information to all the citizenry that enhances mass awareness which
thereby supports the educational mechanism and enhance youth participation in
literacy activities that helps to eliminate poverty in the nation. As the government had
envisioned providing the required information to every citizen, this policy was
enforced to establish, organize and manage libraries, documentation centres and
information centres from the national to the local level. The approval of this policy
document proves that the government has accepted the library as one of the integral
aspects of education and society. Its mission is to create a cultured, modern and
competent society through access to information and information sources and
empowerment of the society as a whole.
Some major objectives of the policy are the preservation and promotion of historical
heritage and information sources available at the local level along with the Nepal
National Library and central library, establishment and management of public/
community libraries free of any kind of discrimination, promotion and develop
information literacy, inculcate book writing and reading habits, establishment and
operation of academic libraries and research centres to enhance the quality of
education, creativity and technical development, etc. To achieve these objectives,
different strategies have been developed. Only a few are mentioned here such as
formulation of the library act /legislation for the proper functioning, management,
monitoring and evaluation of the library system, management of all kinds of libraries
i.e. academic to the central library, arrangement of required infrastructures for the
establishment of public/ community libraries and information centres from the local
level to the central government, arrangement of adequate skilled human resources and
budget to adopt changes in the libraries as per the need of the time, provision of
allocation of library budget in the local as well as central level, etc. Hence, it has
provided a legal instrument for library professionals to further advocate for the
promotion of libraries and obliges the government as well as encourages donor
agencies to support the library promotion movement in Nepal.
20
This policy was thought of as well as intended to provide a foundation for the
formulation of library laws and by-laws that would oblige the government to take
total responsibility for the establishment and sustainable development of the library
system in the future. Even though the strategies were mentioned long ago, the
government has not been able to promulgate a library act yet. The government has to
develop and include national policies relating to information to make the effective and
maximum use of available libraries and information sources and take optimum
opportunities provided by the development of electronic information sources. Public
libraries should be the key element in such policies and ensure that those libraries are
fully supported in their development.
Besides a few working plans and policies such as establishing libraries in the
departments and ministries of the Government, the National Library functions as the
apex library among all the community and public libraries, publishing an effective use
of information sources such as the National Bibliography, Subject Bibliography,
Union Catalogue and Union list of Serials, etc., while other working plans are pending
till now. Though it has been mentioned that a permanent body named as Library and
Information Service Board would be formed that would effectively investigate and
evaluate the overall library and information system of the country, it has not been put
into practice to date. Other plans such as the establishment and management of
Regional Libraries, the endowment of the depository act to the National Library along
with two other libraries to acquire and make availability of publications published in
the nation, allocation of library budget in the education budget and levying library
cess in the local level for the development of the libraries are yet to be implemented.
2.1.3. Library and Information Management Directive, 2069:
The library and information management directive, 2069 was formulated by the then
Education Minister, based on the rights provided by the objectives of the library and
information service policy, 2064. Since libraries play the role of the mediator to
support the overall development along with the preservation and promotion of
traditional knowledge, skill and technologies, this directive was issued with the
motive of creating a healthy environment for the establishment, management and
21
coordination among all stakeholders to address the issues faced by different types of
libraries in managing and functioning the libraries. This directive was thought to be
fruitful as it explores the formation of various library committees such as the library
central management committee, library district management committee, academic
library management committee and public/community library management along with
their composition, roles and responsibilities. For instance, the central library
management committee is responsible to form policies at the central level and act as a
moderator to coordinate between the government and non-governmental organizations
relevant to the library sector; establishing library development fund; skill
development of human resources of the libraries; to coordinate for the proper
implementation of library policy; investigate, evaluate and recommend for reward;
ensure implementation of policy and strategies and recommend the relevant
departments for the sustainable development of libraries, coordinate with other
departments for levying a tax for the development of library and information service,
etc. Likewise, other library committees are to be formed in the prescribed form and
carry out their prescribed rules and regulations for the effective development of
librarianship at all levels of the government. But, in real-life experience, many of
these are not implemented.
2.1.4. Local authorities/ libraries at the local level:
It is explicitly stated that it is the responsibility of the municipality and rural

municipality to establish, run and manage the local libraries to support primary and
secondary education at the local level. They may also levy library cess (as land /road
tax) for providing the service or utilization of the local infrastructure. Among the
various responsibilities of the ward committee, one of the major developmental
activities is to make the libraries, community learning centres, children‘s clubs and
network functional and manage them as well. The rights and duties allocated to the
urban and rural municipalities are not well practiced and implemented.
22
2.1.5. Library in Education Act/ regulations:
Niraula mentioned that the Education act and regulation, of 1972 clearly stated the
establishment and setting up the academic and public libraries in Nepal. The library
regulation, 2049 had allocated a separate chapter which had been removed in the 5th
amendment and has mentioned only a few points regarding the situation of school
libraries. At present, only Tribhuvan University has its library acts, regulations and
directives (Niraula, n.d.).
2.1.6. Proposed drafts for the enactment of the library act:
Because of the immediate need for the library law, the draft of the library law/
legislation was proposed, prepared and submitted during the regime of the then His
Majesty of Government (King Birendra Bir Bikram Shah Dev) in about 2055/56 BS.
The proposed draft was named Nepal Library Ain which was presumed as the act to
manage the libraries. It was proposed with the objectives of initiation of a proper
library system to promote mass awareness through self-learning activities along with
the maximum use of the libraries, information and documentation centres, to organize,
promote and manage the public, academic, special and national libraries, information
centres and documentation centres to support and enhance the knowledge and literacy
level of the citizenry, to preserve and promote the national cultural heritages as well
as expansion of information service to the national, regional and international level.
Besides the frequent approaches to enacting library legislation in Nepal, it has yet not
been enforced as an act for various reasons.
Not only in the centre but even at the provincial level too, an attempt had been made
the enactment of the provincial library act. (Anonymous) In Gandaki province, in the
initiation of a few library professionals, a final draft for the provincial library act
entitled ―Gandaki Province Public Library Act 2077‖ was prepared and submitted to
the State Government, Ministry of Education, Culture Science Technology and Social
Development, Gandaki Province for further processing. The instability of the
government and its representatives and the lack of continuity in the former works
obstructed the process of its completion. The lack of understanding of the supreme
23
importance of the legislation by the respective representatives was one of the major
hindrances. With the realization of the extreme importance of library legislation in the
nation, frequent approaches have been made to the law-making body/government-
related offices but the outcome is as usual.
2.1.7. Role of libraries and legislation in the provision of library services:
Public and community libraries supplement informal education and support the
development of individual knowledge and skills. They act as open universities and
provide their services to their patrons free of cost and continually. (N. Shrestha, 1981)
in ―Role of library service in the changing world‖ states the development of the
library, as well as information centre services, should be established as the newly
emerging alternative model for learning and teaching. She adds that in-depth teaching
and learning as well as continual renewal of learning in the dynamic world would be
impossible without the library and documentation centres. The classroom teaching
and learning in colleges and universities today would be just a beating of bellow
broken drums. She states that the modern explosion of information and the prompt
development of technology as the two major reasons to bring the role of the library
into prominence in the present world. To adapt to the changing world one requires
learning continuously. Hence the call for ―Life Long Education‖ escapes from a
political slogan to a reality of the modern world.
Public libraries are one of the social indicators of national development as they
promote the awareness of the people on nascent information availability and
developments taking place throughout the world through awareness services such as
current awareness services and selective dissemination of information. Thus, the
government should place public libraries a priority and take necessary efforts for the
establishment, development, management and sustainability of those libraries. Public
libraries are the social institutions that deal with the awareness and enlightenment of
the citizenry and thereby, support the national development as a whole. (Craig, 1917)
also contended that public libraries secure one of the effective means of enlightening
the people and it should be recognized by the law-making body of every state as well
as urge the necessity for the early extension to every unit of society.
24
Since libraries play an important role in national development, they must be secured
with a law that guides the overall establishment, management and sustainable
development of those information centres. The prevalent policy and directives
become fully effective only when they are accompanied by the acts and regulations.
(Dangol, 1984) writes that library legislation is quite important for the establishment,
development and maintenance of public libraries in a state. He stresses that there
should be one library committee which looks after the supervision of the library and
its legislative aspect. That committee should have the provision for representatives
from the local community and be concerned with formulating library policies and
advising in the allocation of funds. But in the context of Nepal, there is no such
library legislation that assures the structure, authoritativeness, resources and funding
of the libraries. He emphasizes that the government has to formulate such library
legislation that secures the finance of public libraries and makes them more useful and
effective in the service of humanity.
(Gardner, 1971) also stresses that developing countries need public library legislation
and a system of public libraries based on it. He emphasizes that the only fundamental
purpose should be to create, by legislative action, a secure foundation for a
nationwide public library system, available to all and which provides equal access and
opportunity for all. He states that it is increasingly realized that there is a need for a
central advisory body with a secretariat to guide as well as direct improvement of the
service and ensure implementation of the legislation. He adds that there must be
general support by taxation, if possible at 2 levels, is also agreed. This will secure the
financial aspects of developing the libraries and ensuring their sustainability and
quality of services.
The demand of the public library legislation is a search for a larger and more
sustainable unit of service that deploys larger resources for public library service both
geographically and financially and the creation of a central advisory body that ensures
improvements in the services of public libraries. The mandatory legislation is better
preferred than the permissive one as the appropriate local authorities are more
25
necessary than permitted to provide public library services. The national library law
should incorporate the elements such as:
 general authorization of expenditure without fixing a maximum,

 compulsory implementation (required finance and all required
materials)
 obligation to employ only qualified and trained personnel as librarians
 service for the entire population in some form
 inter-lending of books
 free service as a national scheme
With the feeling of the extreme importance of libraries, it is the role of the library
professionals, library associations and elites to mould public opinion and raise voices
for the right to information. It becomes necessary to lay down the strategy to get
public library legislation passed by utilizing various media and platforms to propagate
the concept of library legislation. After the dawn of democracy, gradual developments
have been made in the library and information sector. The role of the pioneers of this
sector has been appreciable to date. Some notable activities of the pioneers of the
library and information sector are the establishment of the NLA, participation in
international conferences, the establishment of various library institutions such as
REFSALA, TULSSAA, LISSA, NLF, READ Nepal, organization of the conference,
seminars, workshops and training, publication of various library literature, initiatives
in establishing public libraries and community libraries along with the government
support and/or international/local initiations respectively as well as frequent advocacy
for the enactment of library act at the national level. Despite the continuous effort
made by the professionals, the library act has not been enacted yet.
The absence of the library act has enumerated various problems regarding the
structure of the library, defining the administrative authorities and their
responsibilities, ensuring adequate funding for the development and sustainability of
the libraries, appointment of trained and skilled human resources to handle the
technical activities and fulfil the objective of the library, establishing remote libraries
to promote adult learning and support literacy campaign of the government, etc. To
26
address these issues, the government needs to take prompt action to review the draft
of the library act and take measures to promulgate the library act at the national level.
For the first time, a national seminar involving representatives from public and
community libraries in Nepal was organized on 12th -13thKartik, 2074 by the Ministry
of Education, Science and Technology, Library Coordination Section. All the public
and community libraries and their representatives could not participate in the national
conference. The conference provided an opportunity to express and share the
experiences of the representatives of the public and community libraries. It manifested
the lack of a legal mandatory framework and advocated for the need for the enactment
of a new library act. (Shrestha, 2018) The proceeding paper mentioned that Nepal
Community Library Association (NCLA) is committed to establishing one VDC
library, formulating a library act and defining the government budget for community
libraries. They have highlighted numerous challenges in this sector regarding
inadequate infrastructure, financial constraints, absence of execution of the policy
document and government support, etc. as the outcome of lack of library law and
regulations. At present, many public, community and private libraries are being set up
in different parts of the country by various organizations. However, the sustainability
of those established libraries has become a major issue. Hence, all these pleas for the
formation and endorsement of an umbrella act that addresses overall issues in
librarianship in Nepal.
2.1.8. Overview of library legislation in a few countries:
The enactment of laws for the provision of library services is not confined to one or
two countries. It is a universal phenomenon. As slightly mentioned earlier, an
overview and practice of existing public library services and legislation of some
developed countries are mentioned here which are expected to supplement the draft
proposed in this research.
2.1.8.1. Library legislation in the United Kingdom:
The first public library under the Public Libraries Act of 1850 was established in
1854. William Ewart, with the help and support of Joseph Brotherton, introduced the
27
first Public Libraries Bill in 1850. It was passed despite considerable opposition as the
social and educational conditions were not good to facilitate the enactment of such a
revolutionary social welfare provision of law that came into force on 14th August
1850. The act boosted the library movement all over the world and influenced
subsequent ones. Some main features of the library act 1850 summed were: it was
permissive, not mandatory; libraries were to be set up for every town having a
population of over 10,000 and the cost of the library was not to exceed the amount
collected at the half-a-penny rate, and books were to be donated, no amount allocated
for the purchase of books. In 1855, the act was amended raising the rate to a penny,
the amount allocated for the purchase of books and a population of 5000 or more
could adopt the act. It was further amended in 1866 and 1892. In 1892, numerous acts
were consolidated and amended 1893 extending their operation to the urban areas.
Different committees were formed that presented their reports. As a result of all those
committees‘ recommendations, the Public Library and Museum Act, of 1964
introduced a new concept. The overall responsibility for the service was given to the
Secretary of the State of the Department of Education and Science, who assigned the
duty of the secretary of the state to superintend and promote the improvement of the
public library service and the duty to provide a comprehensive and effective service to
every library authority. The act was subsequently amended several times and passed
by the British Government entitled as ―British Library Act‖ in 1972 which came into
operation in July 1973. Under the Act, libraries of national importance comprising the
British Museum Library were placed under one authority namely the British Library
Board.
2.1.8.2. Library legislation in the USA:
The United States of America, popularly known as ‗the land of libraries‘ was the first
country in the world for enacting a law for the establishment of libraries. The USA
followed the British library system and enacted the law in 1876 AD. The Federal
Government provided enough funds and facilities for the growth and development of
libraries. The first free, tax-supported public library was established in Peterborough,
New Hampshire. But the credit for passing the first library act goes to the state of
28
Massachusetts. 19 states enacted library legislation by 1870. Various State
governments took steps for encouraging the establishment, and improvement of
public libraries in underdeveloped areas by giving grant-in-aid or direct supply of
books.
The Federal Library Services Act of 1956 provided financial assistance for improving
library service in rural areas. The State Government provided grants-in-aid in
different forms such as grants to establish, continuation grants, incentive grants, area
grants, per capita grants, integration grants, equalization grants, personnel grants,
restricted and non-restricted grants and scholarship grants. The American Public
Library Legislation bore the following characteristics: the library service was free; its
adoption was voluntary based, not mandatory; library laws were responsible for
steady improvement in the quality of library personnel, library schools offered high-
quality training, and library laws provided for Library Boards of Trustees and for the
librarian as Chief Executive to function effectively. The amendment of the Library
Service Act, of 1956 and the Library Service Construction Act, of 1964 is significant.
Both acts extended state library services and encouraged cooperative arrangements,
regionalization and demonstration library projects.
2.1.8.3. Library legislation in India:
The credit for enacting the public library act goes to S. R. Ranganathan and the state
of Madras. In response to the invitation of the library service section of the First All
Asia Educational Conference, Ranganathan drafted the first public libraries bill for
India. It was presented at the conference held between 25th and 30th December 1930 at
Banaras. The draft was published in 1931 by Madras Library Association. The bill
with further modification became the Madras public libraries Act (XXIV of 1948) on
January 29, 1949. It provided the organization of comprehensive rural and urban
library services in the state.
The second important stage was the inclusion of a scheme of library movement
services in the First Five Year Plan (1951-56). Its main feature was to establish state-
central libraries and district libraries in each state. A pilot project for an integrated
library service scheme of twenty-nine years was taken up. In 1952, the community
29
development programme was developed with social education with rural mobile
library services as its integral part. The Delivery of Books Act 1954 was passed which
obliged the publishers to provide free of cost four copies of each publication to the
National Library and other three libraries, within 30 days from the date of publication.
Libraries differ from state to state due to the wide variations in geographical,
historical, political and economic backgrounds of Indian component states. At
present, 18 states have enacted laws for the administration of libraries. Some of the
salient features of public library Acts in India are Ranganathan Model Library Act of
1930 insisted that a State Library Authority should be the apex body in the system.
There should be provisions for State Library Authority, with the Minister for Libraries
as its head and for the state library authority committee (as the advisory body) to
advise the government on all respects of libraries and exercise and perform such other
powers and duties as may be prescribed. A separate directorate of public libraries as
the head of the department is necessary for implementing various provisions of the
Public Library Act and carrying out programs of the government at the State and
National levels, etc.
2.1.9. Need for legislation on national and public library services:
A library needs funds for the establishment as well as recurring and direct expenses.
All the expenses cannot be handled by an individual or group of individuals in the
long run. Since public libraries are established with the motive of providing their
services to their patrons free of cost, it demands a large number of financial funds and
support. Hence, there must be secure funding repeatedly for the sustainability of those
libraries. The provinces, regions, states or municipalities are either in whole or in part
responsible for library services. Since public libraries are locally based services, local
government is the most appropriate place in the government structure for them. Thus,
they should be closely related to and funded by the appropriate level of government.
The eventual aim should be to bring public libraries into the formal government
structure operating under national legislation and with appropriate levels of funding
and resources. This can be guaranteed only if there is a legal framework that specifies
30
the duties and responsibilities of the government. Besides funding, the legislation also
provides a basis for the standardization of the library service. A properly formed
library system and well-supported network of the library system is possible which
ensures an integrated library grid of all types of libraries in the country. It also allows
for the balanced and even development of library services economically. The legal
basis by prescribing the authorities, power and duties to function compulsorily
enhances administrative efficiency. The respective financial responsibilities of local,
state and federal authorities are defined explicitly which promotes library planning.
The respective government analyses the need, deficiencies and requirements of the
libraries at the grass-root level which ultimately aids in planning for strengthening
standard library service. All these make the government as well as the public
responsive. The government analyzes public interest and remains vigilant. This
cooperation and communication between the government and the public help to set
statutory provisions of finance through the levy of library cess and eliminate the
political hurdles and financial constraints as well. Hence, legislation is important to
get a perennial source of income and establish and develop a public library system
through public law and a network of the library system.
To sum up, the following reasons can be considered as the need for library legislation:
 Constitute a proper administrative and supervisory body with executive

powers,
 Provide a well-organized library system for all levels and maintain
standards in service
 Provide a permanent and even source of finance
 Oblige the authorities to meet objectives and remain accountable
2.1.10. Gardner’s study:
2.1.10.1. Considerations in framing legislation:
(Gardner, 1971) considers that the first consideration in the framing of legislation is
the nature of the State itself and the place that legislation takes in its structure. The
nature of the authority by which the national government passes on its
31
responsibilities, the basis of taxation at the local and national level and in a federal
state, and the constitutional rights of established organisms within the state must be
analyzed. The planned cooperation between local and national governments is a must.
There are some important factors to consider in the pre-consideration of legislation
such as a survey on literacy, existing legislation, trained librarians and training
facilities, population density, etc. The main objective is to determine what a country
can afford, how great is the need, what structure is required and how legislation can
assist rapid development without placing a great burden on financial ability or the
administrative structure. Legislation should be flexible and allow changes in local
government, structure and the tax base. It should be capable of immediate progressive
application.
 The public library should be considered an independent service or part

of the national library service as it becomes difficult to unite all the
libraries in one piece of legislation at an early age. He believes that
there is a need for provision for cooperation and coordination well-
organized under the National Library. The bibliographical and inter
loan functions should be of value to all libraries. The National Library
could be linked to the central public library authority.
 The need for a central authority that manifests the provisions of
legislation should be clear. It is a matter of decision-making at the
governmental level whether to treat the central authority as an
independent body or one linked to or subordinate to, a government
department. It is to make the central authority part of the department of
education, with a department for the library and a controlling body
which should have more than advisory functions. Implementation of
legislation should be left to education, and then a section including
trained librarians is important with advisory and inspecting functions.
 It requires action to be taken if it is permissive than mandatory
legislation. Thus, provision should be made for progressive
32
implementation at a rate to be determined by resources and other
required conditions.
 Since public libraries provide service to the local community, local
interest should be stimulated along with the passing over of some
authority as the creation of local advisory bodies.
 The unit, size and authority of local authority should be determined.
The sole public authority should be the national or state agency.
 It is generally accepted that financial support for public libraries
should be granted from public funds i.e. taxation. In developing
countries, major support at the national level, with assistance at the
local level is practicable. Any unit at the local level should be a tax-
raising body and provision for funds from taxation at a national level
must be written into any legislation.
 Standards of service required are also a matter of progressive
regulation. Hence, the power to make regulations on standards and
other matters should be given.
 There should be a provision for the recruitment of qualitative people in
the public library service so that they would provide the necessary
education facilities for training librarians and technicians, without any
legal requirement to do so.
 Library associations should not be too dependent on legislative
assistance. The associations should be independent to encourage
further progress and technical improvement as the provision of a
service will itself employ the necessary stimulus for the creation of an
active body of professional librarians.
The above-mentioned problems should be thoroughly considered before framing

suitable legislation. While framing the modern state, legislation in the form of an
instrument of authority is compulsory as a successful public library system cannot
exist without legal rights.
33
2.2. Conceptual framework:
Reviewed documents/draft for knowing the previous attempts done in this

issue
Explored the past and present situation of library law in Nepal
Identified the problems faced by Nepali libraries in the absence of library legislation
based on content analysis and response of interviewees
Explored the importance of library legislation in Nepal with regards to Gardner‘s

considerations and principles in the formulation of public library law
34
References:
Craig, E. L. (1917). Library legislation. Bulletin of the American Library Association, 11(4),
226-228 p. https://www.jstor.org/stable/25685560
Dangol, J. B. (1984). Need of public libraries in our society. Journal of Nepal Library
Association, 4(4), 46-49.
The Fifteenth Plan. (2019). Nepal: Government of Nepal Retrieved from

https://npc.gov.np/images/category/15th_plan_English_Version.pdf
Kumar, K. (1987). Library organization. Vikas Publishing House.
Niraula, Y. C. (n.d.). Nepalese libraries : current situation and challenges. Retrieved

25/4/2022 from
https://nla.org.np/backend/web/uploads/download_files/YMQjeeBOHJAM6lX4iMpp
.pdf
Shrestha, B. K., & Pokhrel, Murari Binod. (2018). Public/community libraries in Nepal:
challenges and opportunities. Public and community Libraries national conference
proceedings, 2074, 162-167 p.
Shrestha, N. (1981). Role of library service in the changing world. Journal of Nepal Library
35
Chapter - III
Research Methodology
Research methodology is a way to systematically solve the research problem. The

scope of the research methodology is wider than that of research methods. It helps a
researcher to identify what methodology and research techniques/methods are to be
adopted. The researcher not only talks about the research methods but also considers
the logic behind the methods used in the course of the research study (Kothari, 2004).
In this research study, the researcher has defined the study to carry out qualitatively as
it deals with the human attitudes involved in librarianship in Nepal. This study
attempted to discover the efforts made by Nepali librarian professionals and
stakeholders in the endorsement of a library act and highlight the importance of
library legislation. The research strongly emphasized the need for endorsement of the
library act which ultimately enhances the literacy and quality of formal education in
the country.
3.1. Research design:
The research study has adopted a qualitative strategy. It is concerned with the
subjective assessment of attitudes, opinions and behaviour. The results of qualitative
research are indifferent to non-quantitative forms or in forms which are not subjected
to rigorous quantitative analysis. In this study, the narrative research has been
conducted with an interview schedule as the tool accompanied by sets of structured
questions to the key informants and content analysis of the literature available as a
government document, and opinion articles of Nepali librarians and authorities with
reference to Gardner‘s study of considerations and principles in framing the library
legislation.
3.2. Population and sample:
The key informants selected for the interview schedule were the ex-presidents along
with the present president of NLA, Nepali library professionals as stakeholders and
relevant authorities i.e. government officials serving as the under-secretary and
36
officers in the libraries of the Government of Nepal. The interview was scheduled
within the valley. All the ex-presidents as well as a few government authorities could
not be interviewed because of various reasons such as health issues, remoteness, and
preoccupied schedules while some were abandoned based on their roles during their
tenure as a process of purposive sampling.
3.3. Data collection procedure:
The interviewing method was used for data collection of the study. The interview was
scheduled as per the interviewee‘s time and location. Each interviewee was
individually approached to seek his /her information regarding the content of the
study. The personal interview of each interviewee was noted as well as recorded. The
two interviewees respondent 4 and respondent 5 corresponded in both forms i.e. oral
as well as written form as they demanded to submit responses in written form so that
they could prepare better responses. Those key informants who could not be
interviewed due to their health issues did not entertain writing their responses.
3.4. Analysis and interpretation of data:
The responses have been acquired from each key informant. The scheduled
interviewing of the interviewees was done to acquire responses through a face-to-face
interview. It was intended to gather the information that was beyond the knowledge or
information of the researcher. Such a direct face-to-face interview was also thought of
so that the researcher could further inquire about the important and potential
information from the key informants regarding the efforts in-depth and documentation
of those proposals. The questions asked to the government officials were slightly
modified and different from the questions asked to the (ex) presidents of NLA. The
responses received from the interviewees have been narratively expressed in the
study.
37
References:
Kothari, C. R. (2004). Research methodology: methods and techniques (pp. 418 p.).
38
Chapter – IV
Data Analysis and Presentation
4.1. Data analysis and interpretation of the responses:

The key informants were asked two sets of questionnaires depending on their roles.
The responses were noted as well as recorded seeking their consent. The key
informants were asked questions, based on the objectives of this research study. The
interview was scheduled to meet the objectives of the study as analyzing the
consequences of the lack of library legislation in Nepal, efforts made to date for the
enactment of the legislation, the present status of library law and exploring the
importance of it and advocating for its enactment. All the key informants were, first of
all, asked a common question to know their perception regarding library legislation.
According to the respondents‘ responses, library legislation is a legal base that lays
down principles to establish, manage, run, develop and flourish libraries. All the
respondents indicated it as one of the fundamental needs for the development of
libraries as such provision regulates the systematic development and functions of the
libraries and the librarians. It was found that all the respondents agreed that library
legislation is a prerequisite of the library sector since the public library is for each
citizen of the country. Respondent 1 (March 23) and respondent 2 (March 25)
considered library legislation as ―a legal document that lays down the legal provision
for the establishment, management and sustainability and development of libraries
from the national to the grass root level‖. It is a fundamental thing for a nation to
uplift overall librarianship in the country. In addition, respondent 3 (March 27)
regretted that besides having 200 years of history and an ordinance issued during the
regime of King Girban Yuddha Bikram Shah, Nepal has not been able to formulate it
yet. All the respondents agreed that the library act provides a legal framework and
authority to develop a library system under the government (central, provincial or
local government) and maintains functions, services and management of the libraries
legally and guides all the works and draws all the libraries into a system. The library-
related law addresses the development and deficiencies of all types of libraries
39
existing in the country and defines what is to be done by all three levels of
government.
Based on the research interview, the major four objectives of the study are analyzed
as follows:
I. Need for a provision of library legislation:
All the respondents were questioned to identify the need for library legislation in
Nepal. The need was identified as it is the principal document that guides and governs
all kinds of libraries (national, academic, special and public libraries). People do not
have access to formal education in remote areas, thus, public libraries can work as the
backbone of education to fulfil the requirement of distance learning and play the role
of the open /public universities to support informal education. Since Nepal is lacking
a systematic library management system, all the libraries are functioning as per their
own rule. They also agreed that until and unless, the library legislation is enacted, it is
very difficult to establish, regulate, maintain and sustain the libraries in the long run.
Respondent 4 (March 28) wondered ―without legislation, how can a library campaign
in the country be achieved‖. It was explored that the legal document provides a
common standard for the establishment and proper management of the libraries as
well as ensures financial support from the local government based on their services.
The management committee of the Public and Community Libraries will also be
responsible and accountable to the library users and the local government. This will
make the management committee follow, practice and provide the minimum public
library services. Respondent 6 (March 29) claimed that only the library legislation can
―legally and mandatorily guide all three levels of government and oblige them to
follow the guided format for the establishment, management and development of
libraries‖ and further accused that ―the education and library sectors are never the
priority of the government‖. Likewise, respondent 7 (May 8) also argued if the library
sector is to fulfill the slogan of Library Day, as inculcating reading habits, develop a
network of public and community libraries, not only public and community libraries
but also National libraries, ―library legislation is the basic thing‖. All the respondents
40
accepted the fact that library legislation is a must but at the same time regret that it
has not been able to be enacted.
All of the respondents explored library legislation as a legal basis that paves the
foundation for the establishment of new libraries, organization and management of
existing libraries along with their systematic and sustainable development with
prescribed criteria about the resources (collection, building, human resources, and
infrastructure) and regular funding for the sustainability of those libraries. It outlines
the responsible authorities, their duties and responsibilities, and power and
accountability in the development of librarianship at the local, provincial or central
levels and helps to create a sound environment for the growth of the libraries in
Nepal.
After the respondents explored the need for library legislation in the country, the
government officials were inquired about the role of the government in endorsing the
library legislation. They explained that it is the government that is responsible for the
enactment of the legislation. Among four government officials, except respondent 7,
other government respondents claimed that the government has established the
Library Coordination and Documentation Section, under the Ministry of Education,
Science and Technology (MoEST) and given authority, which is responsible to deal
with the library issues. But, respondent 7 (May 8) explained that from the consumers‘
point of view, the portion of librarians is small but the producers are large, thus,
claiming that all the points are to be taken care of in the book policy and as ―it is
entirely connected to book policy, it is a cross-cutting issue‖ and accused that ―the
government has not been able to pass the Civil Service act and regulations; there has
always been a tussle with passing the civil service act‖. It was admitted that library
legislation is not in preference and it is the outcome of the education act, state and
local level governments have not been able to draft and implement their actions. It
demanded regular follow-up and continuous pressure to enact the pending acts such
legal depository act, education act and book policy. Since these acts and policies have
provisions for the library, they would provide a basis for working forward to form
library legislation at the central level. It was explored that the education act has a
41
provision/ an article that mentions the need for information centres/ libraries. And
thereby it should also include an act for libraries.
II. Exploration of the present status of library law in Nepal:
While inquiring about the present status of the library law, it was found that no laws
or by-laws have been formed and passed at the national or central level. It was found
that very few attempts had been made by the earlier presidents of NLA and
professionals decades ago which has not been followed up and enacted to date and has
become history in librarianship in Nepal. Only respondents 3, 4 and 5 were aware of
the proposed drafts. The drafts of the proposed library law could not be accessed as
they were not documented and stored in any library. The most surprising thing was,
except for those who were engaged in drafting those proposed drafts, other
professionals remained unaware. Only a copy of the drafted act of 2055/56 could be
retrieved from respondent 3, who forwarded the document as evidence entitled ―Nepal
Pustakalaya Ain‖ prepared during the regime of late King Birendra Bir Bikram Shah
Dev to prove that efforts had been made. They claimed that the drafts were proposed
frequently to the Ministry of Education. Rest others accused that it existed only as an
oral history due to a lack of an archive of the proposed drafts and a communication
gap. Currently, the responsible section ‗The Library Coordination and Documentation
Section‘ is engaged in finalizing the National Book Policy and Education act.
All of the key informants interviewed agreed to the point that all (government, NNL,
library associations and institutions working in this sector, library professionals,
academicians and stakeholders) are responsible for the enactment of the library
legislation and require their joint effort. It is the job of each stakeholder of the library
professional organizations like NNL, NLA, NCLA, TU Central Department of
Library and Information Science and the working librarians of Nepal. It was
discovered that the associations and institutions were focused on creating mass
awareness, organizing some meetings, workshops, talk programs, seminars,
celebrating Library Day and many other activities to establish the new profession in
the country. Respondent 4 (March 28) claimed that with many efforts and a massive
push, the library component received its parts in the Constitution of Nepal and thus,
42
pushing, petitioning and lobbying are a must in this respect. As per the present
constitutional arrangement, the MoEST is responsible for the enactment of the library
legislation at the national level and provincial and local government in the provincial
and local levels respectively.
To date, the government of Nepal has also included library issues in government plans
and policies; its implication is lacking in the practice but cannot be considered that no
attempt has been made. Examples of governmental efforts prioritizing the library
issues are the process of tender for NNL building construction, the rectification of
Kaiser Library, Government interest in investing in the development of Dilli Raman
Kalyani Regmi Memorial Library, digital library and others. Respondent 6 (March
29) admitted that the government ―lacks a systematic way of library development‖ but
has made attempts for its development through the allocation of certain budgets, the
inclusion of library issues and authority at the local level which, to some extent, has
spared a legal base and appealed that each one of the librarianship can be involved in
mass awareness and individual contribution towards forming the legislation.
Likewise, Respondent 7 (May 8) added that besides other attempts; ―work on
finalizing the book policy, education act and legal depository act are being carried
out‖ respectively. When these documents come into implementation, they would
provide a legal basis for the formation and endorsement of library legislation. In
addition, Respondent 7 (May 8) complained that very few persons in government
understand the importance of public and community libraries which has enumerated
the following challenges:
 Government has no time to address the problem

 Few librarians are voluntarily engaged in the development of
the profession
 Lack of adequate lobbying and advocacy
 NLA, the main organization to advocate remained inactive for a
long time
43
III. Analysis of the consequences of the lack of library legislation:
Since no effort has been made for the endorsement of library legislation at present,
various adverse impacts can be noticed in this arena. The consequences of the lack of
library legislation were analyzed with due focus on structure, authority and funding
and were asked to the respondents. It was revealed that there is a great and noticeable
impact not only in establishing the new libraries but also in the existing libraries as
they are facing the common issue of economic crisis for resource collection,
organization and management along with the sustainability of those libraries.
Respondent 1 (March 23) claimed that ―there is no impact at all‖ as there is no law
means no function, structure, or finance whereas the government is not obliged to
fund or provide any finance and look after the rules and regulations, the public
libraries have to do it on their own.
Likewise, respondent 4 (March 28) also claimed that ―there are no norms at all in the
library field which spell out clearly that education or any other library should have at
least fulfilled certain requirements‖. There is no high-level/proper body for funding,
creating institutional structure and authority. As a result, libraries are managed
haphazardly. Accordingly, semi-trained, support staffs, allocated budget, line of
authority or even library structure also are not proportionate. As stated by all, the
adverse impacts are explicitly visible in practice. The libraries are undergoing
numerous issues since their establishment i.e. pre-womb. The lack of legislation is the
major reason that libraries and librarians today are unable to render effective service
to their patrons. They suffer in terms of adequate library budget, skilled and
professional manpower and motivation factors, infrastructure, resources,
management, etc. They merely depend on the funds collected through membership
and fines. The growth of the library depends on the support of the community people,
i.e. temporal nature not a long-term one. There is no standard service in terms of
opening hours, book collection and book lending service, promotional activities, and
no regular financial support and generally they are run by non-professional library
staff.
44
Since the structure and authority are not defined, it is found that the ―Library
Management Committee and Executive Committee of the Library are overlapping in
their activities, Formal registration of the public/community libraries is normally done
in the District Administration Office and nowadays, the local municipality also
registers the library, local government funding is on an ad-hoc basis and lacks
monitoring of the activities of the libraries, annual renew of the library is being
carried out in District Administration Office with the recommendation from the Social
Welfare Society (in the case of Kathmandu) and library activity is considered the part
of education not as an entity‖ explored respondent 5 (March 28).
IV. Importance of library legislation in the development of libraries and

library professionals in Nepal:
To address the adverse effects of the lack of library legislation, as stated above, its
enactment is strongly sensed. Despite the understanding of the extreme importance of
library legislation in the country, it was explored that a joint effort of all the library
professionals has not ventured. Most of the interviewees (library professionals and
presidents) accepted the fact that lack of unity, library fraternity and cohesion might
be one of the reasons for the delay in the enactment of library legislation. One can
find a huge gap between theories and practice i.e. the library professionals lack library
ethics, they take it as a job, not service whereas there‘s a lack of harmony from the
top to bottom level. The key informants admitted that the political instability, political
influence, inadequate forceful advocacy and lobbying and less priority of government
on libraries as the major reasons for evasion or delay in formulating the library
legislation. Besides these, the low attention of stakeholders and changing the priority
of the government and library associations are a few other causes whereas it was
strongly felt that there is a lack of coordination among the library professionals,
coordination section and others. The lack of awareness and continuous informal
reading habits, illiteracy, inadequate library professionals and lack of motivation in
them due to the provision only till the position of under-secretary, difficulty in
convincing the authority about the library budget, absence of library professionals at
the policy-making level, inadequate authority for proper functioning and evasion of
45
library staff from the duties of serving the patrons are some of the contributing factors
for delay in the formulation of the library legislation.
Likewise, Respondent 3 (March 27) noted ―a lack of leadership and teamwork‖ as the
hurdle in enacting the law. Respondent 5 (March 28) agreed that it is voluntary and
non-paid work and to some extent, it is considered that ―the enactment of library
legislation is the responsibility of the government‖. However, respondents 4 and 5
agreed that a few library workers (both professionals and semi-professionals) are
raising their voices for the enactment of the library legislation in Nepal and claimed
that librarians or professionals always have a single voice. One important thing
Respondent 4 (March 28) added was ―the political instability as the country has been
undergoing different systems‖ which hampered the overall development of the
country itself and the Government of Nepal does not possess any support and
feedback mechanism. In contrast, Respondent 6 (March 29) explored that there are
certain parameters to be fulfilled to formulate any plan/ act or regulation. ―The
modification of any of the documents is a tough job as it demands a series of
consultations, continuity and approval from experts and other stakeholders and
encounters frequent rejection from the Cabinet as well. A government official alone
does not possess that power and it's tough to work to maintain the hierarchy‖. Thus, it
urges library professionals, associations, academicians and the university system to
raise a strong voice for its enactment.
Concerning the due importance of library legislation, it is necessary to put more effort
into the endorsement of library legislation at the national level that supports and
guides the provincial and local authorities to formulate the provincial and local library
legislation as well. All the library professionals and stakeholders should come
together to raise their voices and extend their reach to the politicians, and
representatives of the House. Lobbying must be done continuously unless it is passed
as other acts by the House of Federal Parliament. They also stated that the
parliamentarians, political representatives, ministers and those who are in
government/ House must feel the necessity and prioritize the agenda at the national
level. All the government respondents agreed that the government has to formulate
46
library legislation and implement it in action through laws and regulations. The
respondents claimed that the Section should coordinate with stakeholders, and
professionals, form a special committee or a working group by MoEST comprising a
team of experts (representatives from NNL, NLA, NCLA) and delegate freedom of
expression and authority to the expert team in incorporating library issues and
preparing a fair and final report. The final report should form the basis for the
formulation of the draft proposal which is to be passed by the parliament. In case, if
any modification is required, it is to be discussed with the expert team and if there are
any changes in the political system, the proposed final draft must be handed to the
succeeding representatives, House/cabinet/ministry. The MoEST while preparing the
final draft of the legislation has to discuss with elites and stakeholders in a national-
level workshop, determining criteria that address the issues from the local to central
level and the government must emphasize finalizing it. The finalized report of Library
legislation should be shared with the concerned Ministries (like the Ministry of
Finance, Ministry of Law, and Ministry of Local Government) and Regional
Governments and incorporate their issues and implement the legislation in practice.
The workshops and meetings with policymakers are a must and NLA should be the
leading agency for organizing such activities. Respondent 4 (March 28) insisted that
―continued advocacy with the concerned places, pressing force on the
parliamentarians, and pushing the file through proper channels should be untiring
work‖ for associations and professionals. Since lobbying and advocacy are very
important and powerful tools by which issues like library legislation can be addressed,
in the present context, organizers of Library Day should be more active to materialize
the enactment of the library legislation. Respondent 6 (March 29) claimed that it is
equally important to ―know the stage of the government‖ and the draft prepared.
While the government is carrying out all these activities, it is also the responsibility of
all the library professionals, elites and organizations to keep up the efforts in
convincing and pressing the government to pass the act.
After the enactment of the library legislation, the respondents admitted that there are
several possible changes. If it gets enacted, drastic change is possible such as stability
47
in the establishment and functioning of libraries, formation of hierarchical structure
and provision of regular funding could eliminate dependency and ensure the
sustainability of libraries and based on those provisions, the central structure/ body
would be formed which would form standards of structure and authority as well as
ensure the participation of MoEST, NLA, TUCL and others in the functioning of the
libraries. Respondent 4 (March 28) said ―the enactment will open a door to work in a
system which will be easy and on track and that would not be the end product‖. They
agreed that appropriate library management and service to readers will make a
difference. The end product of the library service depends upon human resources:
library professionals, semi-professionals and support hands. Library professionals will
be obliged to be service oriented. The enactment of library legislation becomes the
success of dream of every librarian. According to respondent 5 (March 28), from the
enactment of the library legislation, we can expect some positive changes on different
levels:
I. From local or individual public and community library levels:

 A common guideline for the establishment, management and operation of
public and community libraries
 A common standard for the services to be rendered by the public and
community libraries
 A clear demarcation of roles, responsibilities and accountability of the
Library Management Committee or Executive Committee of the Library to
the stakeholders (local government, local users and other funding
agencies).
II. From national perspectives:
 Ensure regular funding based on the performance of the public and
community libraries.
 Conduct regular monitoring visits from the Central office (MoE) to
support the ongoing activities of the libraries.
 Able to count the exact number of ongoing (current working) libraries
and prepare a national database of the libraries.
48
The process of enactment of library legislation demands the revision of the policy
document which is vague and provides minute details. As mentioned earlier,
Respondent 7 (March 29) also accepted that a few noticeable works such as the
rectification of Kaiser Library, interest in NNL, Dilli Raman Kalyani Regmi
Memorial Library and assignment of authority to local government for establishment
and regulation of libraries at each local level indicate that the government is on the
verge of implementing the plans and policies in practice. Respondent 8 (May 8) also
admitted that the number of libraries is increasing but most of them are functioning
―with the support of donor organizations such as READ Nepal, Room to Read, and
NLF and support from the community and local level‖.
The inclusion of a tricky provision made in the government document, local authority
2074 also provides the right to question the hesitation of the government bodies to
invest in the library sector. During the course, it was found that some professionals
and stakeholders have been dedicated to implementing the provisions.
(Gardner, 1971) too claimed that he has not found any example of a country which
has successful, effective and nationwide public library service without a foundation
and encouragement in general law. He emphasized that the need for public library law
is self-evident. It is only through legislation that can empower the appropriate
authorities, provide the service and ensure enough financial support and efficient
administration according to a national standard. Only legislation can define the
functions of providing authority, create favorable conditions for the fulfillment of
those functions and ensure development.
To sum up, libraries are being established and supported at the local level. It is
necessitated that the government must have a provision for libraries entitled within the
Education act. The slogans such as ‗one community, one public/community library‘,
and ‗one school, one library‘ formed so far, are to be implemented in practice with
necessary resources. In this regard, one can claim that public libraries are adversely
affected by the political and policy-making processes at all levels of the government.
Thus, the enactment of national library legislation lays down the instructions and
power to the government authorities to carry out the functions and responsibilities to
49
the fullest and also obliges them to be accountable to the responsible authorities,
library professionals, organizations and library users as well. The mandatory
legislation at the national level incorporates all kinds of libraries and their functions
and services under the umbrella act.
50
References:
Gardner, F. M. (1971). Public library legislation: a comparative study. Paris: UNESCO
51
Chapter - V
Summary, Findings and Recommendations
5.1. Summary:
Public libraries are social institutions that provide service to the general public
indiscriminately and are usually funded by public sources. They play a fundamental
role in providing resources and services to the people of the community, serve as
impartial service agencies and develop cooperation and cohesion in the community
people. They possess fundamental characteristics such as they are supported by taxes,
serving the public interest, being open to all, having free access to their collection and
providing information services without any charges. They serve the community free
of cost so they must be supported by the public/ local authorities and the central
government. Since they serve the large public, they should be supported by adequate
funding as well through the legal provision for funding and authorities for the smooth
functioning of the institutions and their sustainability. They should be operated by
professional librarians and library paraprofessionals along with the non-professional
staff. There must be a legal provision for the appointment of skilled and trained staff
so that the intended service can be delivered to the patrons.
The endorsement of library legislation is the responsibility of the state to express the
library policy formulated in the form of legal laws and regulations. The legal
framework is necessary as it acts as a legal document for the functioning of libraries
by providing guidelines for library activities and defining responsibilities in the
library sector. The legal document in the form of legislation provides a structure of
authority and means for stable and progressive financing for the smooth functioning
of the libraries. The setting up of a library system with an integrated network of
libraries at all levels of government is necessary. For the formulation of legislation
and regulation of public library service, constitutional law is highly recommended in
the context of Nepal as it represents the expression of the will of the people and
cannot be modified except for the will of the citizenry. Since Nepal is a federal
country and the government of Nepal has already taken initiatives such as the
52
inclusion of the provision in the constitution and government plans for the
establishment and development of library and information centres, the formulation of
the Library and Information Service Policy, 2064 and Library and Information
Management Directive, 2069, and is on the verge of endorsing the National Book
Policy. Besides all these attempts, there is lack of effort attempted to enact the library
legislation at present. Since priority has been given to the National Book Policy and
Education Act as they consist the basic guidelines and provisions for the library, the
formulation of library legislation has been delayed.
Due to the lack of library legislation, the library professionals, stakeholders and
library organizations are entangled with their own issues as development,
organization, management and sustainability of the established as well new emerging
libraries. Thus, the endorsement of primary and mandatory legislation is expected that
acts as the national law which addresses the problems of the existing libraries and
information centres. The umbrella act at the national level is to be prepared with
discussion with the team of experts in a national-level conference and passed by the
parliament. The representatives of the political parties and the Government of Nepal,
governmental authorities, as well as library professionals, are demanded to come
together for lobbying and advocacy to draft novel library legislation that addresses the
new emerging concepts of the digital era too.
The new proposed draft of the library legislation should incorporate basic
considerations that address the feasible changes according to the demand of the time.
It should define the structure of the authorities, responsible authorities, resource
management and secure funding for the establishment, development and proper
functioning and sustainability of libraries. The House of Parliament and its
representatives should fully cooperate and support responsible minister or department
as Library Coordination and Documentation Section in Nepal, defined for the
promulgation and implementation of the Act, with powers to make regulations under
it. An independent body such as the ‗Library Council‘ is to be created to advise the
minister or department on the formulation, implementation of the Act and other
functions of the ministry/section. The legislation should have provision for powers to
53
raise funds or make grants and form rules and regulations that guide and govern the
standards of service, recruitment of staff and their remuneration, and other matters
encountered in all levels of the government.
5.2. Findings:
Library legislation, though, acts as a legal document that provides legal foundation,
regulates the establishment, management, development and sustainability of libraries
and information centres has not been the matter of priority to the government.
However it is the responsibility of the government to form a legal framework to
develop a library system under the umbrella act defined by the Government of Nepal.
The library legislation is necessary that defines powers and instructions to the
authorities to carry out the respective functions as well as sets limits and
requirements. It works as a common standard for those libraries that were set up as
well as new emerging and mushrooming ones with their own local rule. The
management and executive committees become responsible and liable to the library
users, stakeholders and the nation as a whole. The libraries will be nourished with the
norms and standards to be delivered and be obliged to recruit professional librarians
as library staff who in return deliver quality service and uplift the goodwill of the
organization and librarianship as well. Besides, the library legislation also helps to
overcome the adverse impacts such as dependency on political influence for funding,
assigning responsibilities to the respective library, staff recruitment, staff
remuneration, etc. The legal foundation also sets the ground and guidelines for the
implementation of the library policies and directives and government plans in action.
Though few attempts have been made by the library professionals and government
had attempted to secure the library sector with a legal basis, no effort is made for the
endorsement of library legislation at present. Today, different libraries have been
established with or without government initiation in all three levels of the
government. The libraries are mushrooming without legal guidelines and most of
them are shut down within a short period due to various reasons. The major reasons
for the failure of those libraries are the absence of a stable and continuous budget for
the resources, the inability of the staff to deliver information sources and satisfactory
54
services as they are run by non-professional librarians, no chain of responsible
authorities, illiteracy, etc. The public libraries which are considered the open
universities of the people are themselves suffering from these issues. Those who can
have political access and support can manage at least sustain. Besides, the other
libraries have a pitiable condition, looking forward to financial assistance from the
donor agencies or local bodies/people.
The MoEST, Government of Nepal has established Library Coordination and

Documentation Section which is solely responsible for the enactment of the library
legislation. According to it, the section is working for the enactment of various acts
such as the Education act, National Book Policy, etc. It had formed different
committees such as the Library master plan and Library automation plan which have
been temporarily halted by the government. Currently, the section is working on
finalizing and formulating National Book Policy and Education act as these have
provisions for the library and would form a legal basis for the formulation of library
legislation in Nepal. Besides, it is the responsibility of all library professionals and
stakeholders to approach the government through adequate lobbying and advocacy for
the quick formulation and implementation of the legislation. It is also necessary to
rewrite the draft of the library legislation with suggestions from the experts in
librarianship to cope with the changes in the system and digital innovations.
So formed library act enables to address the issues regarding the establishment, and
development of libraries and library professionals through the legal provision for the
establishment, management, development and sustainability of libraries and
information centres. It will define the responsible authority along with their duties and
responsibilities, allocate a minimum limit of basic and secure funding from the
central, provincial or local government and recruitment of professionals and para-
professionals for effective and efficient service delivery, thereby, promoting and
flourishing the goodwill of librarianship. The national library legislation would
constitute an umbrella act that addresses the adverse issues in this sector. The
recruitment of professional librarians promotes librarianship in Nepal and establishes
it as a novel profession erasing the tag of an unidentified profession. The quality
55
service not only enhances the goodwill but also contributes to the research activities
and developmental works of the country.
5.3. Recommendations:
To address and overcome the adverse impacts of absence of library legislation,
national library legislation is to be formulated to develop the library system in Nepal.
The public library legislation is to be designed as system legislation to work out the
particular policy and directive formulated as well as the means to be used to
implement it. While preparing the novel act, the responsible committees and
representatives should discuss at the national-level workshop and finalize the content
of the act. The prime focus must be on defining the aim of the legislation, reaching an
agreement concerning the terms in which legislative policy can be expressed, and
finally to formulate the texts setting out the policy question. It must be feasible and
clear as well. The legislation so formed should incorporate the issues regarding
authority, structure, funding and motivation factors for the establishment and smooth
functioning of all kinds of libraries. Based on the study, a few recommendations are
as follows:
 Either NNL or NLA should be dedicated to sprouting the real seed for proper
enactment of the library legislation with the joint effort of all like-minded
institutions, professionals and stakeholders and stress on public/national
library legislation and the development of librarianship in the future.
 The proposed bill drafted earlier should be revised and rewritten to endorse the
national library legislation that includes the ideas of experts. The library
legislation should constitute an umbrella act and must include the provisions
for the establishment, management and development of established and new
libraries as well as define hierarchical structure, authority, responsibility and
funding.
 The Library Coordination and Documentation Section should be supported
and cooperated by the representatives of the House/ cabinet and ministry and
prioritize the agendas which help to finalize and endorse the drafted acts.
 Implementation of plans, policies and directives is to be strictly examined.
56
 The apex body as ―Library Council‖ must be established under the
chairmanship of the Minister or secretary of the MoEST that supplements the
functions and activities of the Coordination Section as well as suggests
necessary actions based on strict supervision and inspection.
 The QAAS / apex council should, at least once a year, inspect all the libraries,
prepare a fair report and suggest the authorities for funding based on the
evaluation of resources and services provided.
 The libraries should be aided and entitled to get certain grant-in-aid from the
government as a regular library fund that makes libraries independent and free
from political influence.
 Supporting laws and by-laws are to be formulated to integrate and consolidate
all the libraries into the national library system as a whole.
 NNL is to be established as the state library with more powers and
responsibilities. Like other nations, NNL should inherit the authority of
publishing National bibliography, providing ISBN, etc.
 There should also be by-laws that specify the process of registration, renewal
of libraries and levying library cess at all levels.
To sum up, certain facilities are to be emphasized in the public library legislation, be
it a state library, provincial library, district library or municipality/ village library. It
should facilitate good networks among the libraries and provide a comprehensive
public library service to the rural and distant users and the matters connected
therewith. The provisions of the legislation must vividly define the authorities and
their structure, deliver the rights and powers to the respective authorities, define the
regular and secure library budget for adoption of defined resources (materials and
equipment) and recruitment of human resources (professional, para-professional and
non-professional), delivery of effective and efficient services to the users free of cost.
57
References:
Adhikari, I. P. (2016). Library and resource centre management and operation (3rd ed.).
Kathmandu: Library Management and Information Service Centre.
Bajracharya, S. (2020). Libraries are fundamental for the transformation of society, News
article The Kathmandu Post. Retrieved from
https://kathmandupost.com/books/2020/08/15/libraries-are-fundamental-for-the-
transformation-of-society
Chhetri, S. B. (2018). Public libraries in federalism. Public and community libraries national
conference proceedings, 2074, 69-75 p.
Craig, E. L. (1917). Library legislation. Bulletin of the American Library Association, 11(4),
226-228 p. https://www.jstor.org/stable/25685560
Dangol, J. B. (1984). Need of public libraries in our society. Journal of Nepal Library
IFLA/UNESCO. (1994). IFLA/UNESCO public library manifesto 1994. Retrieved from

https://www.ifla.org/wp-content/uploads/2019/05/assets/public-
libraries/publications/PL-manifesto/pl-manifesto-en.pdf
IFLALMW. (n.d.). Glossary. Retrieved from https://librarymap.ifla.org/data-

glossary/policy_and_legislation
Kosti, N., Levi Faur, David, & Mor, Guy. (2019). Legislation and regulation: three analytical
distinctions. The theory and practice of legislation, 7(3), 169-178 p.
doi:10.1080/20508840.2019.1736369
Kothari, C. R. (2004). Research methodology: methods and techniques (pp. 418 p.).
Kshetry, R. (2007, March 17). Govt to endorse library policy. The Himalayan Times.
Retrieved from https://www.thehimalayantimes.com/Nepal/govt-to-endorse-library-
policy
Kumar, K. (1987). Library organization. Vikas Publishing House.
58
Ladenson, A. (n.d.). Library legislation: some general considerations. Retrieved from
http://nppl.ir/wp-content/uploads/library-legislation-some-General-consideration.pdf
Mittal, R. L. (1971). Public library law : an international survey. Metropolitan Book.
Niraula, Y. C. (n.d.). Nepalese libraries : current situation and challenges. Retrieved

25/4/2022 from
https://nla.org.np/backend/web/uploads/download_files/YMQjeeBOHJAM6lX4iMpp
.pdf
Regional Education Directorate, P. ( 2014). A summary of study report on library

management in secondary schools. Regional educational journal 2071, 1(1), 186-208.
Shrestha, B. K. (1981). Library movement in Nepal Journal of Nepal Library Association,

1(1), 4 - 11.
Shrestha, B. K., & Pokhrel, Murari Binod. (2018). Public/community libraries in Nepal:
challenges and opportunities. Public and community Libraries national conference
proceedings, 2074, 162-167 p.
Shrestha, N. (1981). Role of library service in the changing world. Journal of Nepal Library
The Fifteenth Plan. (2019). Nepal: Government of Nepal Retrieved from

https://npc.gov.np/images/category/15th_plan_English_Version.pdf
59
Annex I:
Principles in the formulation of a public library law
Gardner presents 22 principles which are summed up as follows:
1. The preamble should spell out the objective of library legislation. It must be
precise and explicit.
2. A responsible minister or department of state should be named for the
implementation of the Act, with powers to make regulations under it.
3. An independent body such as the ‗Libraries Council‘ should be created to
advise the minister or department on the implementation of the Act. The
minister should name the chairman and the members, along with provision for
representation of interested organizations like library associations of local
government, etc. Such body is required to advise on all matters submitted to it
and also has the right to bring matters of importance to Public Library Service
to his attention. It should publish a report on its work at regular intervals, be
responsible for integrating the public library system into a national library
system and also include the national library, university libraries and other
libraries of special importance among its member representatives.
4. The minister should have powers of inspection and powers to specify and
publish standards of service. A department of the ministry should be formed to
assist the library council. The secretary of the council should be a senior civil
servant, and the secretariat should include qualified librarians as inspectors.
5. The Act should name the units of local responsibility if the State as a whole is
not to be the unit. These units shall be charged with the responsibility of
administering the public library service in their cluster, and they shall not have
the power to delegate that responsibility except by the local advisory
committee. Their administration should be a separate and independent
department of the local authority, and how this department is given authority
should be by the local government system. The powers, duties, terms of office,
60
etc., of the local committee or other authority, shall be by local regulation, so
long as the terms of the Act are observed.
6. The powers and duties of the units of the local authority should be clearly
stated to include all the geographic areas within them.
7. The minister should have compulsory powers in the provision of public library
service but should have liberty, by agreement with the local authority, to apply
the provisions of the Act progressively, subject to the central superintendence.
8. There should be authority for taxation by the local authority, the scale of tax to
be determined by the central authority and subject to alteration by regulation.
No maximum amount of tax should be named and the minimum rate should be
according to the progress of the service. If the named unit has revenue from a
source other than property tax (highways, sales tax, etc.) then there should be
powers to allocate part of general taxation to public library funds.
9. There should be provision for financial assistance by the central government,
with a graduated scale of grant according to the tax capacity of the
administrative unit and the rate of progress in meeting the provisions of the
Act. Generally, it should be envisioned that central financial assistance should
be 75 per cent or more of total expenditure in the early stages, with a gradual
decrease as a service becomes established and covers the whole of an
administrative area. The aim should be to compel the provision of a service
supported by local finance as far as possible but encouraged by central
government finance coming from general taxation. In a federal state, central
and state grants should be available if possible.
10. The act should have provisions for a system of cooperation and inter-lending
between the library units created at the local level. Supervision of such a
system should be preferably given to the national library. The administration
and finance of inter-library cooperation and inter-lending should be by the
central government, with provision for aid from local authorities, universities
and special or institutional libraries.
11. There should be some definition of the materials to be provided by a public
library, and the service to be given to users without limiting the expansion of
61
the service and additional activities such as lectures, exhibitions, dramatic
performances, etc. and other cultural activities.
12. There should be provision for cooperation with other libraries within the local
authority units for special purposes, i. e. the provision of a technical
information service.
13. Use of the Public Library service should be free and open to all. If charges are
permitted for the loan of non-book materials and non-return of books,
reservation of books, etc. then there should be a clause that such charges are
subject to the agreement of the minister, and must be covered by suitable and
approved regulations.
14. There should be a provision for the amalgamation of institutionally owned
public libraries into the general public library system. There should be
provisions for the progressive reduction of any grants to libraries not willing to
be absorbed into the public system, and grants should be dependent on the
provision of service to all potential users and the abolition of subscriptions. No
new institutions should be permitted to be supported by the grant.
15. The Act should be flexible enough to provide for charges in local-government
structure, changes in the value of money, and educational development.
16. There should be general permission in the Act for services to be provided to
other agencies or for cooperation with libraries already existing to provide
such services, i.e. libraries in hospitals, library services to the blind, the
handicapped, the armed forces and seamen. This could be both at the national
and local levels.
17. Depending upon the circumstances of the country, there should be provision
for assistance to social education centres, community centres or alike
organizations, either by the loan of books or the establishment of branch
libraries.
18. In permitting such assistance it should be laid down that only public library
service for the community is to be created under the terms of this Act, and that
no assistance to other agencies shall be given except under agreed terms.
62
19. There should be power to raise money for capital expenditure i.e. buildings,
furniture and equipment by loan, subject to sanction by the minister.
20. The minister should also have the power to make grants to the local authorities
for specific and experimental purposes, on the advice of the library council.
21. The minister, on the advice of the library council, should have the power to
make regulations governing standards of service and minimum tax
contributions, and on such matters as qualifications and salaries of staff, and
all other matters generally provided for in the Act.
22. The local controlling authorities named in the Acts should have the power to
make regulations on the governance of the library service and the library
council should be authorized to prepare model regulations for guidance.
63
Annex II:
Questionnaire
1. Questions to NLA Ex/ present presidents and stakeholders:
a. How do you perceive library legislation?

b. Why is it important in Nepal?
c. What are the adverse impacts (basically on structure, authority and
finance/ funding) due to the lack of library legislation?
d. Who is responsible for its enactment? / Who are the responsible agents
to push forward the advocacy efforts?
e. What attempts have been made to date?
f. What inputs/ efforts can be further done for the endorsement and
sustainable development of libraries in Nepal?
g. Is the lack of fraternity and cohesion among library professionals one
of the reasons for the delay?
h. How had the lobbying for advocacy been carried out?
i. How can library legislation be enacted?
j. What are the possible changes likely to occur after its enactment?
2. Questions to government officials:
a. How do you perceive library legislation?

b. Why is it important in Nepal?
c. What is the role of the government (MoEST) in endorsing library
legislation?
d. What attempts have been made for the development of libraries and
library law?
e. What kind of support and feedback mechanism does it possess?
f. How can library legislation be enacted?
g. What are the possible changes likely to occur after its enactment
regarding structure, authority and funding/ finance?
64
h. What is the extent of the inclusion of library issues in government
plans and policies?
i. Are the policies (LIS policy, 2064, directives, 2069, local authority,
2074) formed so far, applicable/ applied in practice?
j. What are the reasons for evasion/delay/ posteriority for the formulation
of the library legislation?
65
Annex III:
A model of the public library act:
Validation and publication date:
Act of the year 2079...
An Act to make provisions relating to public libraries in Nepal
Preamble: To provide measures to redress inequality for the provision of public

library and information services and resources; to provide legal basis for the
establishment, management, development and sustainability of the public libraries; to
provide guidelines for the Minister to determine national norms and standards for the
consistency in delivering quality library services; to promote access to public library
and information services free of cost; to promote coordination and cooperation among
all libraries; to assign the responsibilities to the National Library as practiced in other
countries; to formulate the basic guidelines for the structure, authorities, secure
funding and criterion for staff recruitment for the development of libraries; to
establish an apex council under the Ministry responsible for guiding, inspecting and
preparing the reports; to empower the Minister in making regulations and implement
them in practice; and to provide for matters connected therewith, that ultimately helps
to maintain the quality of knowledge, skills and abilities by increasing access to
educational and academic subjects for all people living in the country, to inculcate
reading habit, support life-long learning, study, research and discover new things in
personal and professional life, ensure the availability of academic tools, resources and
books to maintain an educational environment in the lives of the general public in
order to assist in activities such as expanding social awareness, BE IT ENACTED by
the House of Parliament of the Federal Democratic Republic of Nepal, as follows:
66
ARRANGEMENT OF SECTIONS
CHAPTER 1
INTERPRETATION, APPLICATION AND OBJECTS OF ACT
1. Definitions
2. Objects of Act
3. Application of Act
CHAPTER 2
NATIONAL NORMS AND STANDARDS FOR PUBLIC LIBRARY
AND INFORMATION SERVICES
4. Public library and information services principles
5. National minimum norms and standards
6. Public library and information services to be open to public
CHAPTER 3
INTERGOVERNMENTAL ARRANGEMENTS FOR PUBLIC LIBRARY AND

INFORMATION SERVICES
7. Functions of Minister
8. Intergovernmental disputes regarding public library and information services
CHAPTER 4
NATIONAL PUBLIC LIBRARY AND INFORMATION SERVICES

COMMITTEE
9. Establishment of Committee
10. Composition of Committee
11. Functions of Committee
67
CHAPTER 5
GENERAL PROVISIONS
12. Regulations
13. Short title and commencement
CHAPTER 1
INTERPRETATION, APPLICATION AND OBJECTS
1. Definitions:
In this Act, unless the context indicates otherwise—
“Applicable legislation” means legislation enacted by the legislature for the

regulation of library and information services;
“Constitution” means the Constitution of the Federal Democratic Republic of Nepal,

2072;
“Council” means the National Council for Library and Information Services
established as the apex council under the Ministry;
“Department” means the national Department under the Ministry of Education,

Science and Technology;
“Director-General” means the Director-General of the Department of MoEST;
“Library” means an institution systematically storing the library materials to provide

those materials to assist study and research to the general public based on interest,
capacity and availability.
“Library material” means any book, periodical, manuscript, chart, map, video
cassette, slide, filmstrip, microfilm, audio cassette, audio-compact disc, computer
software or any other material supplied by a public library and information services;
“Minister” means the Minister of MoEST;
68
“Public library and information services” means library and information services
established, funded or maintained by a province, municipality, or rural municipality to
provide library and information services to the public;
2. Objects of Act:
The objects of this Act are to—
(a) Provide essential national minimum norms and standards for the rendering of
public library and information services;
(b) Promote public access to public libraries and information services;
(c) Provide for the implementation of the national library and information service
policy, 2064 and public library and information management directive, 2069;
(d) Promote cooperative governance and the coordination of responsibilities for public
library and information services;
(e) Provide measures to redress the variation in the provision of public library and
information services;
(f) Promote alteration in the provision of public library and information services; and
(g) Encourage and inculcate the reading habit to create a nation of readers.
3. Application of Act:
This Act applies to public libraries and information services within the country.
CHAPTER 2
NATIONAL NORMS AND STANDARDS FOR PUBLIC LIBRARY AND

4. Public library and information services principles:
(1) The following principles apply to the provision of public library and information
services:
69
(a) Services must inculcate reading habits in the library users;
(b) Services must be provided based on equal access for everyone;
(c) Special measures must be taken to ensure equitable access to services for people
with disabilities and disadvantaged communities by unfair discrimination;
(d) Services must be accessible to the public and user-friendly;
(e) Services must promote awareness and develop the information literacy and ICT
skills of library users, particularly people with disabilities and young children;
(f) Services must promote and advance Nepali publishing and writing.
(2) The principles contained in this Chapter—
(a) Must apply alongside any other relevant consideration including the state‘s
responsibility to respect, protect, promote and fulfil the rights in Part 3, Article 27,
and Article 31 (the right to information and right relating to education respectively)
and implement the policies of Part 4, Article 51 of the Constitution;
(b) Provide a framework for implementing policy, norms and standards relating to
public library and information services; and
(c) Must guide the interpretation, administration and implementation of this Act.
5. National minimum norms and standards:
(1) The Minister must, after consultation with the council, NNL, NLA and the
Committee, by notice in the Gazette—
(a) Determine national minimum norms and standards for public library and
information services that must apply throughout Nepal; and
(b) Set indicators to measure agreement with the national minimum norms and
standards.
(2) Before determining the national minimum norms and standards provided for in
subsection (1), the Minister must—
(a) give notice of the proposed national minimum norms and standards in—
70
(i) the Gazette;
(ii) at least two newspapers published and circulating nationally; and
(iii) in every province in a newspaper published and circulating in that province; and
(b) invite the public to submit written representations in respect of the proposed
national minimum norms and standards to the Minister, within 30 days after the
publication of the notice.
(3) The national minimum norms and standards must—
(a) be consistent with national policy and programs on public library and information
services;
(b) provide for easy and equal access to public library and information services, which
must provide for—
(i) appropriate geographical location for the rendering of public library and
information services; and
(ii) accessibility of public libraries and information services to the public;
(c) provide measures to redress the inequality in the provision of public library and
information services, taking into account—
(i) the size of public libraries and information services, which must be proportional to
the communities they serve;
(ii) the resources allocated to the public library and information services, that must be
suitable to the needs and preferences of the community concerned;
(iii) the language of the community it serves and that of potential library users; and
(iv) the geographical areas they serve, which must be proportional to the number of
libraries in the area;
(d) provide for public library and information services which promote the official
languages of the Republic, and must include the availability of library materials in
indigenous languages;
71
(e) provide a building plan for the physical infrastructure of the public library and
information services to ensure access to persons with disabilities, older persons and
children, which infrastructure must include—
(i) the public facilities to be provided for on the premises of the public library and
(ii) planning, design and maintenance for new premises of public library and
(iii) the expansion, renovation and maintenance of existing premises of the public
(f) provide for library materials and information services including library materials
which are accessible to and appropriate for visually impaired, older persons, children
and rural communities, and include—
(i) literacy programs and adult basic education and training services;
(ii) local area study collection;
(iii) public library awareness programs; and
(iv) literacy materials for the physically impaired;
(g) promote accessibility to public libraries and information services which serve the
needs and interests of the public, especially previously disadvantaged persons and
communities, and include—
(i) library opening and closing times which must accommodate the community it
serves;
(ii) circulation and lending services;
(iii) library cost mechanism for the damage or loss of library materials;
(iv) the minimum range of library materials to be made available to users; and
(v) mobile library and information services;
(h) provide for library technical services, which must include—
72
(i) material selection and classification systems;
(ii) electronic and manual cataloguing; and
(iii) material database maintenance;
(i) provide for library ICT, which must include—
(i) the availability of computers and electronic equipment; and (ii) electronic access to
library materials;
(j) provide for library human resources and staffing requirements which must protect
the dignity and enhance the stature of library officials, promote the equitable
allocation of human resources and must include guidelines for—
(i) staff composition;
(ii) remuneration of staff;
(iii) applicable academic qualifications and training of library staff; and
(iv) conduct of staff;
(k) provide for the effective management of public library and information services,
which must provide for—
(i) performance management mechanisms; and
(ii) the evaluation of public library and information services and library materials; and
(l) promote cooperative governance by providing for the coordination of

responsibilities for public libraries and information services.
(4) The Minister must provide for the effective monitoring and evaluation of
compliance with the provisions of this Act to maintain essential national standards
and the Minister must provide for mechanisms to evaluate the compliance with the
minimum norms and standards required for the rendering of public library and
information services.
6. Public library and information services to be open to the public:
A member of the public must not be charged a fee for—
73
(a) membership of a public library and information services; or
(b) admission to the premises of the public library and information services.
CHAPTER 3
INTERGOVERNMENTAL ARRANGEMENTS FOR PUBLIC LIBRARY AND

7. Functions of Minister:
The Minister must—
(a) determine the national policy for public libraries and information services;
(b) promote coordination and consultation on matters regarding public library and
information services between national, provincial and local government; and
(c) promote the effective coordination of strategic planning and budgeting processes
for public library and information services.
8. Intergovernmental disputes regarding public libraries and information

services:
Subject to this Act, any intergovernmental dispute regarding the provision of public
library and information services must be dealt with in a manner and spirit consistent
with the principles of cooperative government and intergovernmental relations.
CHAPTER 4
NATIONAL PUBLIC LIBRARY AND INFORMATION SERVICES

COUNCIL
9. Establishment of Council:
There is hereby established a National Public Library and Information Services

Committee.
10. Composition of Council
(1) The Council consists of—
74
(a) the Director-General, who is the chairperson of the Council;
(b) the chairperson of the MoEST;
(c) an employee of the Department designated by the Director-General;
(d) a representative from the NNL
(e) a representative from NLA
11. Functions of Council:
(1) The Council is a forum to achieve intergovernmental cooperation.
(2) The functions of the Council are—
(a) to consult with relevant stakeholders and advise the Minister on—
(i) national minimum norms and standards for public library and information services;
(ii) amendments in policy and programs affecting public library and information
services;
(iii) formulating legislation and by-laws in respect of library and information service
norms and standards;
(iv) any matter concerning public library and information services within the national,
provincial and local spheres of government;
(v) any matter concerning the management or monitoring of public library and
information services in the nation; and
(vi) any other matter that may be referred to it by a member of the Council;
(b) to promote the uniform application of national norms and standards concerning
public libraries and information services across all spheres of government;
(c) to promote sustainable growth of public libraries and information services in the
nation;
(d) to promote and facilitate intergovernmental relations in respect of public library

and information services; and
75
(e) to facilitate the settlement of intergovernmental disputes concerning public
libraries and information services.
CHAPTER 5
GENERAL PROVISIONS
12. Regulations:
(1) The Minister may, after consultation with the Council, make regulations
regarding―
(a) the norms and standards for public library and information services;
(b) access to public library and information services;
(c) the determination and implementation of national policy and principles for public
(d) the promotion and coordination of responsibilities for public library and
(e) measures to redress the inequality in the provision of public library and
(f) the promotion of alteration in the provision of public library and information
services,
which may be necessary or beneficial to prescribe to achieve the objectives of this

Act.
(2) Regulations so formed must be published in the Gazette.
13. Short title and commencement:
This Act is called the ―Public Library and Information Services Act, 2079‖.
This Act shall come into effect on a date determined by the President by proclamation
in the Gazette. But the State Government shall not delay more than one year from the
date of promulgation of this Act in publishing the notification in the Gazette.
This Act has been made under Article 197 of the Constitution of Nepal.
76
Curriculum Vitae:
Name: Anju Shrestha
Permanent address: Budhanilkantha Municipality – 02, Kathmandu
Temporary address: Kathmandu Metropolitan City – 07, Kathmandu
Father‘s name: Kanchha Shrestha
Mother‘s name: Parbati Shrestha
Gender: Female
Date of birth: 27th October, 1987
Nationality: Nepalese
Marital status: Married
Spouse‘s name: Prakash Shrestha
Contact: 9843149061
Email: anjushresthac@gmail.com
Qualification: M.A. in English, MLISc.
77

Anju Shrestha - 6 Thesis Library

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Importance of Library Legislation in the Context of Nepal

Central Department of Library and Information Science

For the Fulfillment of the Requirements for the Master’s of Arts in

Ms. Anju Shrestha

Exam Symbol No: 281616

TU Regd. No: 6-2-40-979-2007

Central Department of Library and Information Science

Faculty of Humanities and Social Sciences

Name: Anju Shrestha

Exam Roll No.: 281616

TU Regd. No: 6-2-40-979-2007

Submitted Date: 10/11/2022

This thesis entitled ―Importance of Library Legislation in the Context of Nepal‖

Head of the Department

It is my great pleasure to complete and submit this thesis entitled ―Importance of

I am also grateful to the Department of Library and Information Science for

Finally, I am deeply indebted to my family members, teachers and friends who

This thesis entitled ―Importance of Library Legislation in the Context of Nepal‖

Different documents such as constitution, LIS policy, directives, literatures and

The legal framework provides guidelines and defines responsibilities, a structure of

Exam Roll No.: 281616

Central Department of Library and Information Science,

Tribhuvan University, Kirtipur

This research study, entitled "Importance of Library Legislation in the Context of

Recommendation Letter .................................................................................................................. iii

Letter of Acceptance ....................................................................................................................... iv

Preface .......................................................................................................................................... viii

Table of Contents ............................................................................................................................ ix

1.1. Background of the study: .......................................................................................................... 4

1.1.1. History of library development in Nepal: .......................................................................... 6

1.1.2. Library movement in Nepal: .............................................................................................. 6

1.1.3. Provision in the constitution: ............................................................................................. 7

1.1.4. Governmental efforts in the library sector: ........................................................................ 7

1.1.6. Nepal Library Association: ................................................................................................ 9

1.1.7. Efforts by library fraternity: ............................................................................................. 10

1.2. Statement of the problem: ................................................................................................... 10

1.3. Research questions: ............................................................................................................. 11

1.4. Research objectives:............................................................................................................ 11

1.5. Significance of the study:.................................................................................................... 11

1.6. Limitation/ delimitation of the study: ................................................................................. 11

1.7. Ethical/safety issues: ........................................................................................................... 12

1.8. Organization of the study: ................................................................................................... 12

Literature review ............................................................................................................................ 15

2.1. Review of the literature:.......................................................................................................... 15

2.1.2. Library and Information Service Policy, 2064: ............................................................... 19

2.1.3. Library and Information Management Directive, 2069: .................................................. 21

2.1.4. Local authorities/ libraries at the local level: ................................................................... 22

2.1.5. Library in Education Act/ regulations:............................................................................. 23

2.1.8. Overview of library legislation in a few countries:.......................................................... 27

2.1.8.1. Library legislation in the United Kingdom: .............................................................. 27

2.1.8.2. Library legislation in the USA: ................................................................................. 28

2.1.8.3. Library legislation in India:....................................................................................... 29

2.1.10. Gardner‘s study: ............................................................................................................. 31

2.1.10.1. Considerations in framing legislation: .................................................................... 31

2.2. Conceptual framework: ........................................................................................................... 34

Chapter - III ................................................................................................................................... 36

Research Methodology .................................................................................................................. 36

3.1. Research design: ..................................................................................................................... 36

3.2. Population and sample: ........................................................................................................... 36

3.3. Data collection procedure: ...................................................................................................... 37

3.4. Analysis and interpretation of data: ........................................................................................ 37

4.1. Data analysis and interpretation of the responses: .................................................................. 39

I. Need for a provision of library legislation:............................................................................. 40