chapter 3 acts pertaining to library and information...
TRANSCRIPT
Chapter 3
Acts Pertaining to Library and Information
Science
96
CHAPTER III
ACTS PERTAINING TO LIBRARY AND
INFORMATION SCIENCE
3.1 INTRODUCTION
Various acts enacted in India after independence that are identified as
essential among library and information science professionals (LIS) are
grouped into four broad categories as given below.
Acts pertaining to public libraries
Acts pertaining to Intellectual Property Rights
Acts pertaining to Information Technology and Right to
Information
Act pertaining to tenders
Table 3.1
Various Acts Pertaining to Library and Information Science
S.
No.Acts
Year of
Enactment
1 State Public Libraries Act 1948*
2 Delivery of Books and Newspapers Act 1954
3 Acts Pertaining to Intellectual Property Rights 1957**
4 Information Technology Act 2000
5 Right To Information Act 2005
6 Tamil Nadu Transparency in Tenders Act 1998
* First state public library act was enacted in Tamil Nadu in 1948
** Varies to act to act. Copyright Act was enacted first after independence in 1957.
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3.2 ACTS PERTAINING TO PUBLIC LIBRARIES
The UNESCO1 has aptly said that a public Library is a vital force that
imparts popular education to one and all by rendering service to all classes of
the society without discriminating between caste, religion, sex, age or
economic inequalities. It is established, maintained, used and owned by the
public. So, an institution of the public and for the public is to be maintained
efficiently and permanently with uniform, pulsating and integrated library
service with proper laid out network of library system. A simple executive
order do not maintain sound systems however good it might be, and at the
same time executive orders cannot generate finances perennially. With the
ever growing needs, the task in financing in libraries will be more. It will be
only possible with a proper legislation.
According to IFLA/UNESCO Public Library Manifesto2 (1994), public
libraries are community agencies providing access at local level to a range of
knowledge and information for the benefit of the individual and society as a
whole. In order to maintain the level of service required to fulfill their
functions public libraries should be supported by legislation and sustained
funding.
The simple reasons for legislation are summed up as follows:
1. It will constitute a proper administrative and supervisory body
with executive powers;
2. Provides a well organised library system for the central, state,
district and upto the remote village level;
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3. Provides a study and perennial source of finance;
4. Maintains standards in library service;
5. Saves the libraries from becoming tools in the hands of
bureaucrats and political high ups;
6. Provides free library service;
The Penny Act 1850 of United Kingdom, the first Public Library act in
the world, which gave local boroughs the power to establish free public
libraries. The Act was the first legislative step in the creation of an enduring
national institution that provides universal free access to information and
literature, and was indicative of the moral, social and educative concerns of
the time.
3.2.1 Tamil Nadu Public Libraries Act
The origin and growth of the public libraries has been a direct outcome
of societal changes brought about by industrial development, eradication of
illiteracy and widespread education and socio-economic development. All
these have placed emphasis on the need of the public for information and
knowledge to meet its various purposes. In order to ensure such a facility, a
public library system has become essential, as all the other types of library
system, it is essential that there should be a state legislation policy for the
betterment of the public libraries network in the country because a public
library system derives its strength from the state library legislation for the
following reasons (Bhatt, 1997)3:
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1. The Library legislation is a democratic process and hence an
acceptable norm for public services in a free society;
2. It ensures a continued and smooth process of establishing a
system of libraries on a statutory basis;
3. It provides proper governance and management of the libraries;
4. It provides the basis for the structure, functions, personnel,
finance and meeting user’s demands for library services;
5. It ensures sustained financial support and smooth flow of
finance;
6. It ensures free library service irrespective of geographical
location or professional occupation; and
7. Its basic objectives, structural, organization etc. come in for
public scrutiny from time to time, and, hence, have scope for
modification and improvements, in response to societal changes
and specialized needs.
Thus, it is only through a state public library act that a public library
system can be sustained and promoted, ensuring a smooth financial flow,
properly governed and managed to provide library service to all.
Development of the Library Legislation in India after independence
has made an impact on the history of libraries, their growth and development.
The importance of the library legislation in India was realised and the
continuous efforts were taken by Dr.S.R.Ranganathan towards the enactment
of the public library acts in India. He had prepared a model union library act
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for the centre in 1948 which worked as an underlying principle for the various
central government legislations later (Venkatappaiah, 1990) 4. The Madras
Public Libraries Act which was passed in 1948 is the first library act in India.
All states and union territories in India have their own public library
systems, structure, and pattern of financial assistance. Seventeen of the states
have enacted library legislation and the rest are providing public library
service without legislation (Gnanasekaran and Gopalakrishnan)5.
Table 3.2
State Level Public Libraries Acts
S. No.
State Name of the Act Year
1 Tamil Nadu Tamil Nadu Public Libraries Act, 1948 1948
2 Andhra Pradesh Andhra Pradesh Public Libraries Act 1960
3 Karnataka Karnataka Public Library Act 1965
4 Maharastra Maharastra Public Libraries Act 1967
5 West Bengal West Bengal Public Libraries Act 1979
6 Manipur Manipur Public Libraries Act 1988
7 Kerala Kerala Public Libraries Act 1989
8 Haryana Haryana Public Libraries Act 1989
9 Mizoram Mizoram Public Libraries Act 1993
10 Goa Goa Public Libraries Act 1993
11 Gujarat Gujarat Public Libraries Ac t 2002
12 Orissa Orissa Public Library Act 2002
13 Rajasthan Rajasthan Public Libraries Act 2006
14 Uttar Pradesh Uttar Pradesh Public Library Act 2005
15 Uttar Hand Uttaranchal Public Library Act 2005
16 Pondicherry Pondicherry Public Library Act 2008
17 Chhatisgarh Chhatisgarh Public Library Act 2008
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3.2.2 Delivery of Books and Newspapers (Public Libraries) Act
The invention of printing naturally made the multiplication of copies a
simple matter. The erection of the first press in England was therefore a blow
to this society. The printing press also gave the law makers some anxiety, for
they saw in it an engine possessing enormous potentialities for good and ill.
Although printing began to spread gradually, printed books were very
costly. Few but kings and princes could afford to possess a library. This
perfectly understandable reverence and care for printed books was much more
devout on the Continent than in England. Perhaps the richest library in the
Renaissance period was that of the French king, Francis I. From his kingly
pride in the literary works of his time was born the first system of legal
deposit of books. By the Montpellier Ordinance of 28th December 1537 every
printer and publisher in France, without exception, was ordered to forward to
the Royal Library at Blois, a copy of every newly published book, irrespective
of author, subject, cost, size, date, or language, and whether illustrated or not
(Lemaitre, 19106; Esdaile, 19347).
In the majority of countries legal deposit, or the exaction by law of a
certain number of copies of every new work published in a country, now
insists on the enrichment and growth of one or more state or university
libraries, while in others the object is primarily to afford authors and
publishers some guarantee of literary property, a process akin to the registry
of trade-marks and inventions. Thus, while the aims of legal deposit may
differ slightly in various parts of the world, one or more copies of newly
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published books usually find their way into the State Library of almost every
country in consequence of the system. The number of deposit copies
demanded by each country varies to a surprising degree.
In British India the local governments of Delhi, Bengal, Punjab, Bihar
and Orissa have made a set of rules under the act and ordered the publishers
to deliver the copies to their libraries.
The preservation of all editions containing substantial alterations or
additions seems necessary in all the copyright libraries. In India, after
independence, with a view to developing four public libraries in different
parts of the country to dissemination of knowledge, the Delivery of Books
(Public Libraries) Act was passed in 1954. The Act was amended in 1956 to
bring the newspapers within the purview of the Act so that the newspapers
may also be available in these public libraries for reference and record. The
publisher of every book and newspaper published in the country should
deliver at his own expense a copy of the publication to these four public
libraries in India. This act has made the compilation of Indian National
Bibliography possible (Barrington Partridge, 2008)8.
3.2.2.1 National Depository Libraries of India
The Delivery of Books (Public Libraries) Act, 1954, amended in
1956 as Delivery of Books and Newspaper (Public Libraries) Act, provided
the scope of delivery of books and newspapers to the National Library and the
public libraries, as per the authorisaion of Parliament of India without
prejudice to the provision of ‘contained in Section 9 of the Press and
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Registration of Books Act, 1867. Thus, four National Depository Libraries of
public services were created.
At that time, the questions of opening national depository libraries
were made, the four places were chosen viz., Bombay, Calcutta, Delhi and
Madras. It was thought up to start with the national apex library at Delhi,
being the capital of India. But till 1955, this question was not decided,
because of the fact that the large massive building with huge money could not
be built up due to variety of reasons. In order to solve the problem
temporarily Calcutta’s national library was selected for the purpose and it
served the purpose of depository (Sahib Singh, 2003)9
The Connemara public library at Madras and Asiatic society library or
town hall library of public library at Bombay were selected for the purpose
and they were elevated to the rank of national depository libraries9 The
Connemara public library was also the state central library of Tamil Nadu.
Similarly, the central library/Asiatic library of town hall was the state central
library of Maharashtra. The latter was a privately managed library. At Delhi,
the Delhi public library, 1st pilot project of UNESCO in Asian countries, was
declared as the national depository library (Panda, 1993)10
3.3 ACTS PERTAINING TO INTELLECTUAL PROPERTY
RIGHTS
Intellectual property (IP) is a term referring to a number of distinct
types of creations of the mind, both artistic and commercial, for which a set of
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exclusive rights are recognized—and the corresponding fields of law
(Raysman et al, 2011).11
Figure 3.1 Taxonomy of Property
According to the World Intellectual Property Organization (WIPO)12,
intellectual property is divided into two categories, namely industrial property
and literary property. Industrial property includes patents of inventions,
trademarks, industrial designs and geographical indications, whilst literary
property includes copyright for literary and artistic works such as novels,
poems, plays and computer programs, films, musical works, artistic works
such as drawings, paintings, photographs and sculptures, and architectural
designs and neighboring rights for performance and broadcasting.
The artistic creation is covered by copyright laws, which protect
creative works, such as books, movies, music, paintings, photographs, and
software, and give the copyright holder exclusive right to control reproduction
or adaptation of such works for a certain period of time.
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The commercial creations are collectively known as “industrial
properties” as they are typically created and used for industrial or commercial
purposes. A patent may be granted for a new, useful, and non-obvious
invention and gives the patent holder a right to prevent others from practicing
the invention without a license from the inventor for a certain period of time.
A trademark is a distinctive sign which is used to prevent confusion among
products in the market place.
All Intellectual Properties are given protection to the creators, except
the trademark which can be renewed in unlimited time, for a defined period of
time.
Figure 3.2 Taxonomy of Intellectual Property Rights
Although many of the legal principles governing intellectual property
have evolved over centuries, it was not until the 19th century that the term
intellectual property began to be used, and not until the late 20th century that
it became commonplace in the majority of the world (Lemley, 2005).13 The
British Statute of Anne 1710, granted sole right and liberty of printing books
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to authors and their assigns for a period of 14 years (Cornish, 1996)14, and
the Statute of Monopolies 1623 are now seen as the origins of copyright and
patent law respectively (Brad and Bently, 1999).15
3.3.1 History of Intellectual Property Rights in India
Modern usage of the term Intellectual Property began with the
establishment of the World Intellectual Property Organization (WIPO) in
1967. IPR laws in India had a very docile and stagnant existence ever since
the related laws were framed. The inadequacies prevalent in the acts were
exploited commercially by opportunists all over the world. Cases like the
Basmati, Turmeric, Tamarind sounded warning bells and alerted the IPR
community in India to the reality that along with the continuation of our
heritage of resources, products and devices. A statutory protection and
preservation is necessary to prevent their transfer into the hands of other
countries.
3.3.2 Types of Intellectual Property Rights
According to WTO16 there are 7 types of Intellectual Property Rights
and the same are given below.
1. Copyright – Expression of an Idea
2. Patent- Idea – Invention which is New, Useful & Non obvious
3. Trademark – Signs like Logo ,Symbol, Brand etc; used to identify
goods or services
4. Designs – Pattern or Structure
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5. Geographical Indication – Goods known for its geographic origin
6. Lay out Designs for Semiconductor Integrated circuits
7. Undisclosed information (Trade secret ) – Innovation or Know
How
Table 3.3
Acts Pertaining to Intellectual Property Rights
S.
No.Acts
Year of
Enactment
Came into
force
Recent
Amendments
1 Copyright Act 04.06.1957 21.01.1958 30.12.1999
2 Patents Act 19.09.1970 20.04.1972 04.04.2005
3 Trademarks Act 30.12.1999 15.09.2003 Nil
4 Designs Act 25.05.2000 11.05.2001 Nil
5Geographical Indications
Act30.12.1999 15.09.2003
Nil
6Semiconductor Integrated Layout Design Act
04.09.2000 04.09.2000 Nil
3.3.2.1 Copyright Act
Copyright is a bundle of exclusive rights granted by statute to the
author of the works to exploit or authorize the exploitation of the copyright
work, based on international norms like Berne Convention, Trade Related
Aspects of Intellectual Property Rights (TRIPs) Agreement and WIPO
Copyright Treaty (WCT). The copyright works in which rights subsist are
‘original’ Literary, dramatic, musical and artistic works, and cinematography
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films and sounds recording. Copyright Act was enacted in 1957 and amended
in the year 1999.
3.3.2.2 Patents Act
A patent is a legal monopoly granted for a limited time to the owner
of an invention. It empowers the owner of an invention to prevent others from
manufacturing, using, importing or selling the patented invention. Patent Act
was enacted in the year 1970 and recently amended in 2005.
3.3.2.3 Trademarks Act
Trademark means any mark used to represent or identify a product or
its maker. In a market economy trademarks are most important because it is
the biggest assets of a company that really sells the products. This page gives
information as to Indian Law on trademark and has full texts of Legislation’s,
Cases and International Conventions. A Trademark can be generally defined
as a sign or mark that individualizes and distinguishes the goods of a given
enterprise from the goods of other enterprises. The Trademark Act was
enacted in the year 1999.
Trademark may be defined as a name, word, device label,
signature etc that uniquely identifies a brand manufactured by
particular organization from others.
Any sign capable of distinguishing the goods or services of an
undertaking from those of others may constitute a trade mark
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Period seven years
If use is condition for registration, non use for three years will
result in cancellation
Its origin dates back to ancient times, when craftsmen
reproduced their signatures, or “marks” on their artistic or
utilitarian products. Over the years these marks evolved into
today’s system of trademark registration and protection.
The system helps consumers identify and purchase a product or
service because its nature and quality, indicated by its unique
trademark, meets their needs.
Well established Trademarks are considered as indicators of
Quality
Trademark can be popularized & then registered
If a registered Mark is used & maintained properly, the
registration can last forever.
Registered mark not used continuously for 5 years gets
cancelled
3.3.2.4 Designs Act
Design means any features of shape, configuration, pattern, ornament
or composition of lines or colours, industrially applied to an article or to a part
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that gives aesthetic value to such article. Designs Act was enacted in India in
the year 2000 which deals with protection of industrial design in India.
Design can be described as the totality of the ornamental or aesthetic
aspects of a useful article. Manufactures of diverse products such as shoes,
clothing, consumer appliances, automobiles, furniture and computer software
invest billions of dollars to develop industrial designs to make their products
more attractive to consumers.
3.3.2.5 Geographical Indications Act
Geographical indication is an indication that identifies a good as
originating in a territory where a given quality, reputation or other
characteristic of the good is essentially attributable to its geographical origin.
The Geographical Indications Act was enacted in the year 1999. The
registration of the right under this act is valid for a period of ten years.
Geographical Indications of Goods are defined as that aspect of
industrial property, which refers to the geographical indication
referring to a country or to a place, situated therein as being the
country or place of origin of that product.
Quantities features of certain goods have impact of geographical
conditions prevailing within it. The manufacturer’s association
may apply for such registrations. Geographical indications do
protect the interest of remote territories and augment the import
and exports of the nation.
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Portion inherited knowledge, indigenous architectural designs
and knowledge about herbal medicines could preserve under
this category.
Darjeeling Tea (India), Silk (Kancheepuram), Basmati Rice (India &
Pakistan), Champagne Wine (France), Swiss Chocolates (Switzerland) are
some of the examples for Geographical Indications.
3.3.2.6 Semiconductor Integrated Layout Design Act
A semiconductor chip is a device that gives effect to program
instructions through a circuit fixed on a semiconductor material in a layered
form. Popular examples of such chips are ROMs, RAMS etc. that the form the
basis of computer software. This Act was enacted in the year 2000.
3.3.2.7 Trade Secret Act
Trade secret is a formula pattern, physical device, idea, process,
compilation of information or other information that provides the owner of
the information with a competitive advantage in the marketplace, and is
treated in a way that can reasonably be expected to prevent the public or
competitors from learning about it.
The law relating to Trade Secrets/Confidential Information/
Commercial Secrecy is not well developed in India. There is no legislation
regulating this area of law. India follows common law approach of protection
based on the case laws. However, there is no decision of the Honorable
Supreme Court laying down the law. The decisions of the High Court
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involving the issues of Trade Secret were decided based on the
Copyright/Design protection laws also.
3.4 ACTS PERTAINING TO INFORMATION TECHNOLOGY
AND RIGHT TO INFORMATION
3.4.1 Information Technology Act
Information is an ethereal concept. Information has no defined shape
or size. It is intangible. Even a whisper, a bit on the wire, a signal on wireless
or a photon of light can carry information17. Almost all companies, corporate
offices, educational institutions extensively depend upon their computer
networks and keep their valuable data in electronic form. Today internet has
become essential platform for all types of such as transactions information
publishing, delivery and searches, e-commerce, education, research etc. Due
to the anonymous nature of the internet, people with intelligence have been
engaging into variety crimes in cyberspace. Cyber crimes involve criminal
activities such as cyber terrorism, IPR violations, credit card frauds,
pornography, attacking other computer by Hacking, Virus/Worm attacks etc.
The abuse of computers has also given birth to a gamut of new age crimes
that are addressed by the Information Technology Act, 2000. Our country has
an extremely detailed and well-defined legal system. As the cyber crimes are
increasing day by day, the need has been felt to enact the relevant Cyber laws
which are necessary to regulate Internet.
The Act has the much needed legal framework for the authentication
and origin of electronic records/communications through digital signature.
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3.4.1.1 Cyber Law in India
In the 49th year of Indian independence, Internet was commercially
introduced in our country. The arrival of Internet signaled the beginning of
the rise of new and complex legal issues and problems. More than anything
else, India, by its sheer numbers, as also by virtue of its extremely talented
and ever growing IT population, is likely to become a very important Internet
market in the future and it is important that we legislate Cyber law in India to
provide for a sound legal and technical frame work which, in turn, could be a
catalyst for growth and success of the Internet Revolution in India. These
considerations created the conducive atmosphere for the need for enacting
relevant cyber laws in India. The Government of India responded by coming
up with the draft of the first Cyber law of India - The Information Technology
Bill, 1999.
The Information Technology Act, 2000 as amended by the Information
Technology (Amendment) Ac, 2008, which provides the legal infrastructure
for Information Technology in India. The said Act along with its 90 sections
is to be conceived with 23 rules called IT Rules, 2011. The section along with
rules constitutes relevant law of Information Technology in India (Mali,
2011)18.
The objective of the Information Technology Act, 2000 as defined
therein is as under:-
“to provide legal recognition for transactions carried out by means of
electronic data interchange and other means of electronic communication
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commonly referred to as electronic methods of communication and storage of
information, to facilitate electronic filing of documents with the Government
agencies and further to amend the Indian Penal Code, the Indian Evidence
Act, 1972, the Banker’s Book Evidence, 1891 and the Reserve Bank of India
Act, 1934 and for matters connected therewith or incidental thereto”.
The Information Technology Bill (1999) of India has described
different types of cybercrimes as offences under Chapter IV such as hacking,
phishing, data theft, identify theft, denial of service, spreading of virus, source
code theft, sending lewd SMS/MMS/Email, pornography, child pornography
and disclosure of information of organisations (Mali, 2011)18; whoever
knowingly or intentionally conceals, destroys, or alters or intentionally or
knowingly causes another to conceal, destroy, or alter any computer source
document used for a computer, computer programme, computer system, or
computer network, when computer source code is required to be kept or
maintained by law for the time being in force (Kamath)19.
More specific scope or definition can further include, but not limited
to, the followings subject to each country’s circumstances: e.g.,
Unauthorized access with intention to commit further offence20;
e.g. computer-related or Internet fraud (Kelsey, 2001)21, and
‘theft’ of information relating to ‘copy right’ or ‘intellectual
property right’ misappropriation, forgery etc.
Hacking: e.g., code hackers, crackers, cyberpunks, and
phreakers.
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Destruction of digital information through use of viruses, logic
bombs etc. (Kamath)19
Harmful sites (e.g., suicide) and contents (e.g., child
pornography) on the Internet
The main issues of cybercrimes can be largely summarized and
classified as below (Nishith Desai Associates, 2000)22, but not limited to: e.g.,
Security: to deal with e-money (e.g., electronic payments or
digital cash) and any misuse
or abuse, which led to the needs for encryption, authentication,
and digital signature;
Hacking or virus: to deal with damages of digital data;
Data protection & privacy: to protect personal data and privacy;
Intellectual property right: to examine different dimensions
especially led by ecommerce in such areas as fixation (e.g.,
originality and creativity), publication, liability of ISPs, domain
names, and encryption;
3.4.2 Right to Information Act
Before the enactment of the Right to Information Act, the disclosure of
government information in India was governed by a law enacted during the
British rule over large parts of what is now India, the Official Secrets Act of
1889 which was amended in 1923. This law secured information related to
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security of the State, sovereignty of the country and friendly relations with
foreign states, and contains provisions which prohibit disclosure of non-
classified information.
Many states of India had enacted the Right to Information Act and
provided the information to the citizens of the respective states. The states
are:
Table 3.4
Right to Information Acts Enacted by Various States before 2005
S. No. State Year
1 Tamil Nadu 1997
2 Goa 1997
3 Rajasthan 2000
4 Karnataka 2000
5 Delhi 2001
6 Maharashtra 2002
7 Assam 2002
8 Madhya Pradesh 2003
9 Jammu & Kashmir 2004
The Right to Information Act 200523 is a new law enacted by the
Parliament of India giving citizens of India access to records of the Central
Government and State Governments. This law was passed by Parliament on
15 June 2005 and came fully into force on 13 October 2005. Information
disclosure in India was hitherto restricted by the Official Secrets Act 1923 and
various other special laws, which the new RTI Act now relaxes. The Act
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applies to all States and Union Territories of India, except the State of Jammu
and Kashmir - which is covered under a State-level law. It is applicable to all
constitutional authorities, including the executive, legislature and judiciary;
any institution or body established or constituted by an act of Parliament or a
state legislature. It is also defined in the Act that bodies or authorities
established or constituted by order or notification of appropriate government
including bodies "owned, controlled or substantially financed" by
government, or non-Government organizations "substantially financed,
directly or indirectly by funds" provided by the government are also covered
in the Act's ambit.
Under the provisions of the Act, any citizen (including the citizens
within J&K) may request information from a public authority which is
required to reply expeditiously or within thirty days. A nominal fee is
collected for filing the request. For Central Departments as of 2006, there is a
fee of Rs. 10 for filing the request, Rs. 2 per page of information and Rs. 5 for
each hour of inspection after the first hour. If the applicant is a Below Poverty
Card holder, then no fee shall apply. Such BPL Card holders have to provide
a copy of their BPL card along with their application to the Public Authority.
State Governments and High Courts fix their own rules. If information is not
provided within this period, it is treated as deemed refusal. Refusal with or
without reasons may be ground for appeal or complaint. Further, information
not provided in the times prescribed is to be provided free of charge. The
citizen can appeal to the Information Commission if the first appeal is not
replied.
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3.5 ACT PERTAINING TO TENDERS
3.5.1 Tamil Nadu Transparency in Tenders Act
The government of Tamil Nadu enacted the Tamil Nadu Transparency
in Tenders Act in 1998 to ensure open and fair procedures while undertaking
construction and procurement of goods and services by the Government and
Governmental organisations.
With a view of making the tendering process even more transparent,
eTendering was proposed by the Finance Minister in the Budget Speech on
23rd March 2007. In the first phase of the eTendering System, tenderers will
be able to download the tender applications free of cost from the Tenders
Tamil Nadu Portal (https://tntenders.gov.in)24, without any hindrance, for
open tenders of value exceeding Rs.10 lakhs.
3.6 OBJECTIVES OF VARIOUS INFORMATION ACTS
Objectives of various acts relevant to LIS profession such as acts
pertaining to public libraries, Intellectual Property Rights, Information
Technology, Right to Information and the act pertaining to Tenders are shown
in Table 3.5.
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Table 3.5
Objectives of Various Information Acts
S.
No.Acts Objectives
1Acts pertaining to Public Libraries
To provide for a system of libraries freely open to the public and delivery of books and newspapers to the four national depository libraries.
2Acts pertaining to Intellectual Property Rights
To provide protection to the illegal use of the product of the human intellect without their consent.
3
Acts pertaining to Information Technology and Right to Information
To provide the practical regime of right toinformation for citizens to secure access to information under the control of public authorities and to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication.
4Act pertaining to Tenders
To provide for transparency in the public procurement and to regulate the procedure in inviting and accepting tenders and matters connected therewith or incidental thereto.
3.7 COMPARISION OF VARIOUS INFORMATION ACTS
The basic information about the acts such as ‘year of enactment’,
‘came into force’, ‘year of amendment’, ‘purpose of the act’, ‘implementing
authority’ etc are presented in the Table 3.6.
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Table 3.6
Comparative Statement on Various Information Acts
Sl.No.
DescriptionState Public
Libraries Acts
Delivery of Books & Newspapers (Public
Libraries) Act
Intellectual Property Rights
Acts(IPR Acts)
Information Technology Act
(IT Act)
Rights To Information Act
(RTI Act)
Tamil NaduTransparency in
Tenders Act(TNTT Act)
1Enacted/Responsible
Respective States
India India India India Tamil Nadu
2Year of Enactment
1948* 29.05.1954Varies to different
rights09.06.2000 15.06.2005 29.05.1998
3 Came into force 01.04.1950 19.03.1955Varies to different
rights17.10.2000 12.10.2005 01.10.2000
4Recent Amendment
2008** 29.12.1956Varies to different
rights22.12.2008 Nil 01.10.2006
5 PurposeDeveloping
public library movement
To collect publications free of cost &
dissemination of knowledge
Protect the illegal exploitation of
intellectual products
Provides legal infrastructure for
e-commerce
Transparency in governance
Transparency in tender activities
6Implementing Authority
Respective States
India India India India Tamil Nadu
7 Major Beneficiary Public Libraries Public LibrariesCreators,
Publishers and Firm owners
Organisation/Individuals
Organisation/Individuals
Organisation/Individuals
8Organization behind
Respective States
India India India India Tamil Nadu
9Controlling Authority
Respective States
India India India India Tamil Nadu
10Department involved
Varies to state to state
Dept. of CultureVaries to different
actsDept. of IT
Dept. of Personnel & Training
Dept. of Finance
* Tamil Nadu Public Libraries Act was enacted in the year 1948.
** Chhatisgarh Public Library Act and Pondicherry Public Library Act were enacted in the year 2008.
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3.7 CONCLUSION
Today the Library and Information Science profession is witnessing
the advantage of web resources where users have the various opportunities of
violating the rules and regulation. It is essential to have a fair amount of
information on various acts.
In this chapter an overview of various acts pertaining to libraries and
information centres were briefly described. The awareness of these acts
among the Library and Information Science (LIS) professionals has been
analysed and presented in Chapter IV.
122
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