EBIB    05.03 / Law - Act on Libraries

Law - Act on Libraries
539
A C T
of 27th June, 1997
on Libraries


Section 1
General Provisions

Art. 1.
The present Act outlines the general rules of operation for libraries.
 
Art. 2.
In all areas not specifically regulated by the present Act, the respective regulations concerning the organizing and carrying out of cultural activities shall apply.
 
Art. 3.

  1. Libraries and their collections shall represent the common national wealth and shall serve to preserve the national heritage. Libraries shall organize and ensure access to the accomplishments of science and of Polish and world culture.
  2. The right to make use of libraries is universal, as determined by the present Act.

Art. 4.

  1. The basic tasks of libraries shall include:
    1. the collection, organization, and maintenance of library materials;
    2. serving the users of the libraries, primarily involving access to the collection as well as informative services, especially information concerning their own collections, the collections of other libraries, museums, and centres of scientific information, and also cooperation with archives to this end.
  2. The activities of libraries may also include bibliographic, documentary, scientific and research, publishing, educational, popularizing, instructive and methodological activities.

Art. 5.
Library materials shall be, specifically, documents preserving the expression of human thought, intended for distribution, independent of their physical medium or the means of recording, especially: graphic documents (written, cartographic, iconographic, and musical), as well as audio, visual, audiovisual, and electronic documents.
 
Art. 6.

  1. Library collections having exceptional value and importance for the national heritage shall make up, in whole or in part, the national library resources.
  2. The national library resources shall be specially protected.
  3. The Minister of Culture and Art, in agreement with the appropriate ministers, by means of an ordinance shall establish a register of libraries whose collections make up the national library resources, and shall define the organization of these resources as well as the rules and terms of their specific protection.


 

Section 2
The National Library Council

Art. 7.

  1. The National Library Council, hereafter referred to as "the Council", shall operate at the Minister of Culture and Art.
  2. The tasks of the Council shall include
    1. delivering opinions on legal acts concerning libraries;
    2. coordinating library activities nationwide;
    3. stimulating the development of the most important aspects of Polish library science;
    4. delivering opinions on the activities and initiatives essential for the development of libraries;
    5. periodic evaluation of the activities of libraries and the effectiveness of library policy.
  3. The following shall be nominated to the Council: the Director of the National Library, the Director of the Jagellonian Library, four representatives of public libraries nominated by the Minister of Culture and Art, four representatives of school, pedagogical, and scientific libraries nominated by the Minister of National Education, two representatives of scientific centres nominated by the Chairman of the Scientific Investigations Committee, and three representatives of creative circles and library science circles.
  4. Members of the Council shall be nominated by the Minister of Culture and Art for a period of five years.
  5. The Council shall nominate one of its members to be the Chairman.
  6. The Minister of Culture and Art can remove a member of the Council before the term mentioned in para. 4 has expired, if the member does not participate in the activities of the Council.
  7. The organization and procedures of the Council shall be established in the form of a regulation by means of an order of the Minister of Culture and Art.


 

Section 3
Organization of Libraries

Art. 8.

  1. Libraries shall be organized and directed by entities hereafter referred to as “organizers".
  2. The organizers of libraries shall be the following:
    1. the head and central organs of the governmental administration;
    2. the regional (voivodeship) governments;
    3. local (gmina) governments and municipal organizations;
  3. The organizers of libraries can also include:
    1. physical personalities;
    2. legal personalities;
    3. organizational units without legal personality;

Art. 9.

  1. An organizer shall undertake to guarantee appropriate conditions for activities and development of the library, in accordance with its tasks.
  2. An organizer shall, in particular, be obliged to ensure:
    1. the location for the library;
    2. the means for:
      1. equipping the library;
      2. conducting library activities, especially the purchase of library materials;
      3. professional training of the workers.

Art. 10.

  1. A library can be an independent organizational unit, or it can be a part of another unit.

Art. 11.

  1. A library which is an independent organizational unit shall operate on the basis of the act opening the library, as well as the statue conferred by the organizer.
  2. An act opening a library shall determine:
    1. the name, location, territory, and area of operation of the library;
    2. its financial sources.
  3. The statute of a library shall determine in particular:
    1. the aims and tasks of the library;
    2. the organs of the library and its organization, including the operation and location of any branches.
    3. the names of the bodies conducting technical investigations on the operation of the library - this shall apply to a library included in the national network of libraries.
    4. the ways of administering the financial means of the library.

Art. 12.
The tasks, organization, and specific area of operation of a library which is part of another organization shall be determined by regulations put into force by the head of the said organization.
 
Art. 13.

  1. An organizer can cause the joining, division, or liquidation of a library.
  2. Before issuing an act to join or divide a library, the organizer shall be obliged to post public notice of his intended actions, including justification for such actions, 3 months before the action is to take place. This obligation shall also concern any changes in the statue of the library, in the parts which concern the area of operation and the locations of the branches or divisions.
  3. Before issuing an act to liquidate a library the organizer shall be obliged to post public notice of his intended actions, including justification for such actions, 6 months before the action is to take place.
  4. The joining, division, or liquidation of libraries which are part of the national network of libraries shall take place after the organizer consults with the body which inspects the activities of the library. This rule shall also apply to branch libraries.
  5. Paras. 2-4 shall not apply to libraries which are part of another organization.
  6. Paras. 1-4 shall not apply to school and pedagogical libraries.

Art. 14.

  1. Library services, the organizers of which being the bodies identified in Art. 8 para. 2, shall be universally available without fee, subject to para. 2
  2. Fees may be charged:
    1. for services of an informative, bibliographical or reproductive nature, and for inter-library loans;
    2. for the loan of audiovisual materials;
    3. in the form of a security deposit on materials being loaned;
    4. for not returning loaned materials within the allotted time;
    5. for failure to return loaned materials or for damage done to them while on loan.
  3. The amount of the fees charged in accordance with para. 2 subparas. 1 and 2 cannot exceed the cost of providing the service.
  4. The rules and conditions governing the use of a particular library shall be established in a regulation issued by its director (head).

Art. 15.
A library council or other advisory or consultative body may be active within a library, in accordance with the rules established in the library's statue.


 

Section 4
The National Library

Art. 16.

  1. The National Library shall be the central library of the nation.
  2. The National Library shall possess personality at law.
  3. The National Library shall be overseen by the Minister of Culture and Art.
  4. The specific range of the activities of the National Library and its organs shall be established in a statue issued by the Minister of Culture and Art.

Art. 17.

  1. The tasks of the National Library shall include activities of a library, bibliographic, scientific, informative, conservation and advisory nature, as well as publishing, displaying and general library services, specifically:
    1. the collection, compilation, and perpetual archiving of library materials of Polish origin and those from abroad which concern Poland, as well as making those materials available for public access;
    2. the compilation and publishing of the national bibliography;
    3. the carrying out of research in the field of library science and related fields;
    4. the improvement in the standard of library services in Poland and the provision of assistance to Polish libraries abroad;
    5. the management of centres of normalized indexing of serials and continuous publications.
  2. The National Library shall conduct methodological and unification activities in the areas of library science, bibliography, the application of modern library technology, and the conservation of library materials.
  3. A Council of Science shall operate at the National Library, in accordance with its statute. The members of this Council shall be appointed and dismissed by the Minister of Culture and Art, at the suggestion of the director of the National Library.


 

Section 5
Public Libraries

Art. 18.

  1. Public libraries shall serve to meet the educational, cultural, and information needs of the general public, as well as to participate in the distribution of knowledge and culture.
  2. Public libraries shall include the following, organized in the from of a cultural institution: the National Library, the regional (voivode) public libraries, and local (community) public libraries.

Art. 19.

  1. Public libraries shall be organized so as to ensure the inhabitants convenient access to library materials and information. To this aim there will be one regional public library in each region (voivodeship) and at least one local (community) library in each community (gmina), together with the appropriate number of branch locations and access points.
  2. Public libraries may, with the assent of their organizer, enter into agreements with other libraries and institutions on coordinated activities in library services to certain circles.

Art. 20.

  1. The organizer of the regional public library shall be the head of the regional government (voivode). The regional public library shall be responsible for such tasks as:
    1. collecting, compiling, and ensuring public access to library materials to meet the information, educational, and self-educational needs of the region. This especially concerns materials with information about the specific region as well as its cultural, scientific, and economic achievements;
    2. fulfilling the role of a centre of library and bibliographic information, organizing the circulation of inter-library loans, and compiling and publishing regional bibliographies and other sources of regional information;
    3. analyzing the degree to which users needs are being met; analyzing the state, organization, and location of libraries as well as formulating and presenting proposals for improvements in these areas to the organizers;
    4. providing instructional, methodological and training related help to libraries and conducting technical inspections to confirm that local (gmina) libraries activities are carried out in accordance with Art. 27 para.5.
  2. A public library that is organized by a local authority (gmina) or a social organization, operating in a locality which is the regional capital, may fulfill the tasks mentioned in para. 1 in accordance with an agreement reached by the regional authority (voivode) and the competent local authorities.
  3. The agreement mentioned in para 2, shall determine in particular the amount of the funds which are necessary for the operation of the library which will be provided by the local and regional authorities.


 

Section 6
Scientific Libraries

Art. 21.

  1. Scientific libraries shall:
    1. serve to meet the demands of science and education, ensuring the access to library materials and data sources which are essential for conducting scientific investigations, or which record the results of scientific investigations;
    2. conduct scientific investigations into the area of library science and related fields, and also the fields of science which are served;
  2. Scientific libraries shall include:
    1. the National Library,
    2. libraries organized by institutions of higher education;
    3. libraries organized by the Polish Academy of Sciences;
    4. libraries organized by research and development centres;
    5. other libraries.
  3. The list of scientific libraries shall be maintained by the National Library.
  4. The Minister of Culture and Art shall determine, by means of an ordinance, the rules and procedure for identifying the libraries mentioned in para. 2 subpara. 5 as being scientific libraries, and shall establish a list of them.


 

Section 7
School and Pedagogical Libraries

Art. 22.

  1. The libraries of schools and other educational institutions shall serve to implement programs of educational nature, including cultural and information education, for children and youth. They shall also serve to train and improve vocational skills of teachers. To this end, every public school shall have a public library.
  2. Pedagogical libraries shall conduct activities serving the needs of education and upbringing, including the education and improvement in the skills of pedagogical staff.
  3. The rules of organization and operation of school and pedagogical libraries shall be determined by separate regulations.


 

Section 8
Vocational and Factory Libraries

Art. 23.
Industrial institutions may set up vocational and factory libraries.
 
Art. 24.

  1. Vocational libraries shall aid in the operation of industrial institutions and serve to improve the vocational skills of the work force.
  2. Factory libraries serve to meet educational and cultural needs of factory workers and their families.


 

Section 9
Serving Special User Groups

Art. 25.
The Central Library for the Blind shall ensure access to library services to the blind and coordinate the activities of related libraries and institutions.
 
Art. 26.

  1. In order to ensure the access of special groups to library services, libraries shall operate in hospitals, sanitariums, in social service centres, in penal and reformatory institutions, youth shelters, and also in organizational units subordinate to the Minister of National Defense and the Minister of Internal Affairs and Administration.
  2. Appropriate ministers, in agreement with the Minister of Culture and Art, shall establish, by means of an ordinance, the rules of organization of the library services mentioned in para. 1, as well as the rules of cooperation among public libraries to this aim.


 

Section 10
Nationwide Library Network

Art. 27.

  1. With the aim to carry out unified library and information activities to simplify the use of library materials and other information sources, a nationwide library network shall be created, hereafter referred to as the "library network".
  2. Public libraries shall be part of the library network.
  3. At the suggestion of the competent organizer, libraries other than those mentioned in para. 2 may join the library network at the decision of the Minister of Culture and Art. This minister, in agreement with the organizer, shall indicate the body who shall monitor the activities established in subpara. 5. The decision to allow a library to join the library network may be annulled in case of the library not fulfilling its obligations arising from its participation in the network.
  4. The list of libraries included in the library network shall be maintained by the National Library.
  5. Libraries included in the library network shall take on an obligation to cooperate in the following areas:
    1. collection, compilation, maintenance and providing access to its collections;
    2. preparation and distribution of bibliographical and documentary information;
    3. scientific investigative activity and the education and training of library staff;
    4. exchange and transfer of library materials and information.

Art. 28.
The Minister of Culture and Art, in agreement with the appropriate ministers, shall establish, by means of an ordinance, regulations for the library network in the following areas:

  1. the collection, compilation, maintenance, protection, and conservation of library materials;
  2. the specialization of library collections and establishing the tasks required of scientific libraries with collections relevant to a particular area of study;
  3. the exchange of library materials;
  4. the preparation of a catalogue of library materials;
  5. the making of inter-library loans;
  6. the maintenance of central catalogues;
  7. the coordination of bibliographical activities;
  8. the involvement in information systems;
  9. the training and improvement in the skills of library staff;
  10. the cooperation among libraries involving the activities in subparas. 1-9.


 

Section 11
Library Staff

Art. 29.

  1. Staff employed at librarian positions shall have qualifications in library science. These employees shall form the professional group of librarians.
  2. The staff mentioned in para. 1 shall include the following:
    1. Library service personnel: junior librarians, librarians, senior librarians, custodians, and senior custodians;
    2. Certified librarians: assistants, adjuncts, certified custodians, and senior certified custodians.
  3. In cases of need, specialists of other fields connected with library science may be employed in libraries.
  4. The Minister of Culture and Science, in agreement with the appropriate ministers, shall establish, by way of an ordinance, the qualification requirements for specific library positions as well as the procedure for confirming these qualifications.


 

Section 12
Changes in Current Provisions, Transitional Provisions and Final Provisions

Art. 30.
In the Act dated 20th May, 1971 - the Criminal Code (Journal of Laws No. 12, item 114, of 1981 No. 24, item 124, of No. 16, item 125, of 1983 No. 6, item 35 and No. 44, item 203, of 1984 No. 54, item 275, of 1985 No. 14, item 60 and No. 23, item 100, of 1986 No. 39, item 193, of 1988 No. 20,, item 135 and No. 41, item 324, of 1989 No. 34, item 180, of 1990 No. 51, item 297, No. 72, item 422, and No. 86, item 504, of 1991 No. 75, item 332 and No. 91, item 408, of 1992 No. 24, item 101 and of 1994 No. 123, item 600, of 1995 No. 6, item 29 and No. 60, item 310 and of 1997 No. 54, item 349 and No. 60, item 369) Article 53 shall be deleted.
 
Art. 31.

  1. The Library Act dated 9th April, 1968 (Journal of Laws No. 12, item 63, of 1984 No. 26, item 129, of 1989 No. 29, item 155 and No. 35, item 192, of 1990 No. 34, item 198, and of 1996 No. 152, item 722) shall be no longer in force.
  2. Until the executive regulations mentioned in the present Act are issued, but for a period not longer than 6 months of the day the present Act comes into effect, the previous regulations shall remain in effect, as long as they are not contrary to the present Act.

Art. 32.
The present act shall come into effect after a period of 30 days of the date of its publication.
 
The President of the Republic of Poland:
A. Kwasniewski


Law - Act on Libraries [Electronic document] . - Access mode: http://ebib.oss.wroc.pl/
Page editor: Joanna Grze¶kowiak (jg@oss.wroc.pl) Ossolineum
Last modification: 24.10.2002