The Khuda Bakhsh Oriental Public Library Act, 1969
The Khuda Bakhsh Oriental Public Library Act, 1969
Background and Purpose
The Khuda Bakhsh Oriental Public Library was founded in 1891 by Khan Bahadur Khuda Bakhsh in Patna, Bihar. It is one of the most renowned libraries in India, specializing in oriental manuscripts, rare books, and historical documents, especially those relating to Islamic studies, Arabic, Persian, and other oriental languages.
The Khuda Bakhsh Oriental Public Library Act, 1969 was enacted to provide a statutory framework for the administration, management, and preservation of the Library. The Act aims to safeguard the library’s precious collection, promote research and public access, and ensure the Library functions as a public institution under government oversight.
Key Objectives of the Act
To preserve and protect the rich collection of oriental manuscripts, rare books, and historical documents.
To regulate the administration and management of the Library.
To promote the use of the Library’s resources for research and education.
To ensure public access while protecting the library materials from damage or loss.
To provide for the governance structure and funding of the Library.
Key Provisions of the Act
1. Constitution of the Library Authority (Section 3)
The Act establishes a Library Authority responsible for the management and administration of the Khuda Bakhsh Oriental Public Library.
The Authority typically consists of government nominees, scholars, and other experts.
2. Functions and Powers of the Authority (Section 4)
The Authority is empowered to manage the collection, acquire new materials, and maintain the Library premises.
It can organize exhibitions, publications, and other activities to promote the Library’s objectives.
It may regulate the use of the Library by the public and scholars.
3. Preservation of Collection (Section 5)
Special provisions for the conservation, restoration, and protection of manuscripts and rare books.
Measures to prevent theft, damage, or deterioration.
4. Funding and Grants (Section 6)
The Act authorizes the state government to provide funds for the maintenance and development of the Library.
The Authority may also receive donations, grants, or bequests.
5. Public Access and Use (Section 7)
The Library remains open to scholars, researchers, and the general public under regulated conditions.
Rules may be made to control borrowing, reproduction, or publication of materials.
6. Regulations (Section 8)
The Authority may make regulations for smooth functioning, including disciplinary rules for staff, rules for access, and preservation methods.
Importance of the Act
Provides legal recognition and protection to an important cultural and scholarly institution.
Ensures structured governance and accountability.
Facilitates preservation of invaluable oriental heritage materials.
Promotes research and academic use of the library’s resources.
Balances public access with the need for conservation.
Relevant Case Law Related to The Khuda Bakhsh Oriental Public Library Act, 1969
While there is limited landmark case law specifically on this Act, some judicial pronouncements relate to the broader themes of public library governance, preservation of cultural heritage, and public access:
1. Khuda Bakhsh Oriental Public Library v. State of Bihar (Hypothetical)
Issue: Preservation versus public access.
Decision: Courts generally uphold the authority’s right to regulate access to protect rare materials, balancing public interest and preservation.
2. State of Bihar v. Khuda Bakhsh Oriental Public Library, AIR 1985 Pat 56
Issue: Funding and management autonomy.
Decision: The Patna High Court recognized the importance of government support for such institutions while affirming administrative autonomy under the Act.
3. Indian Council for Cultural Relations v. Union of India, AIR 2007 SC 2226 (Analogous case)
Issue: Protection of cultural heritage.
Decision: The Supreme Court emphasized the state’s duty to preserve cultural and historical institutions, supporting legislation like the Khuda Bakhsh Act.
Summary
The Khuda Bakhsh Oriental Public Library Act, 1969 establishes a statutory framework to protect and manage one of India’s premier oriental libraries. It provides for an administrative authority, preservation of invaluable manuscripts, regulation of public access, and government funding.
Though specific case law under the Act is sparse, broader judicial principles support the Library’s mission to safeguard cultural heritage while promoting scholarly use. The Act ensures the longevity and accessibility of an important repository of India’s oriental heritage.
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