COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF MALAWI

CHAPTER 30:06
COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF MALAWI

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
THE COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF MALAWI

    3.    Establishment of the Council

    4.    Composition of the Council

PART III
FUNCTIONS AND POWERS OF THE COUNCIL

    5.    General functions of the Council

    6.    Powers of the Council

PART IV
VESTING PROVISIONS

    7.    Initial vesting in the Council

    8.    Acquisition and disposal of objects

    9.    Lending and borrowing of objects

PART V
FINANCIAL PROVISIONS

    10.    Funds of the Council

    11.    Borrowing powers

    12.    Annual budget

    13.    Books of accounts, audit and reports

PART VI
MISCELLANEOUS

    14.    Regulations

        Schedule

    An Act to provide for the development and management of herbarium and botanic matter as national heritage of Malawi and to establish the Council for National Herbarium and Botanic Gardens of Malawi and further to provide for matters connected therewith or incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Council for National Herbarium and Botanic Gardens of Malawi Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘botanic gardens’’ means a botanic garden referred to in section 5 (1) (b);

    ‘‘Council’’ means the Council for National Herbarium and Botanic Gardens of Malawi established under section 3 (1);

    ‘‘financial year’’ means the financial year of the Council being the period specified in section 12;

    ‘‘herbarium’’ means a herbarium established under section 5 (1) (a);

    ‘‘object’’ includes a plant, living or dead.

PART II
THE COUNCIL FOR NATIONAL HERBARIUM AND BOTANIC GARDENS OF MALAWI

3.    Establishment of the Council

    (1) There is hereby established a body to be known as the Council for National Herbarium and Botanic Gardens of Malawi which shall—

    (a)    be a body corporate with perpetual succession;

    (b)    have a common seal;

    (c)    be capable of—

        (i)    acquiring, holding and disposing of real and personal property;

        (ii)    suing and being sued in its corporate name; and

        (iii)    doing or performing all such acts and things as a body corporate may by law do or perform.

Schedule

    (2) The provisions of the Schedule shall have effect with respect to the Council.     

Schedule

    (3) The Minister may, by Order published in the Gazette, amend the Schedule.

4.    Composition of the Council

    (1) The Council shall consist of—

    (a)    one member appointed by the Minister and designated by him as Chairman of the Council;

    (b)    one member appointed by the Minister and designated by him as Vice-Chairman of the Council;

    (c)    three members representing the University of Malawi, other than the Vice-Chancellor thereof, appointed by the Minister;

    (d)    one member representing the Research Council of Malawi, appointed by the Minister from the officials or members of that Council;

    (e)    one member representing the National Fauna Preservation Society of Malawi, appointed by the Minister;

    (f)    one member representing the Museums of Malawi, appointed by the Minister from the officials or the Trustees of the Museums of Malawi;

    (g)    the following ex officio members—

        (i)    the Secretary for Forestry and Natural Resources or his representative;

        (ii)    the Secretary for Agriculture or his representative;

        (iii)    the Secretary for Local Government or his representative;

        (iv)    the Secretary for Education and Culture or his representative; and

        (v)    the Vice-Chancellor of the University of Malawi, unless he is appointed either under paragraph (a) or (b).

    (2) A member of the Council shall not, by virtue only of his appointment to the Council, be deemed to be an officer in the public service.

    (3) The names of all members of the Council as first appointed and every change in membership thereof shall be published in the Gazette.

    (4) No person shall be appointed to the Council who—

    (a)    is an undischarged bankrupt;

    (b)    has, during the preceding three years, been sentenced for an offence against any written law to a term of imprisonment, otherwise than as an alternative to, or in default of, the payment of a fine.

PART III
FUNCTIONS AND POWERS OF THE COUNCIL

5.    General functions of the Council

    (1) Subject to the provisions of this Act and to any other written law, the functions of the Council shall be to—

    (a)    establish a herbarium at a suitable place which shall be a centre for the assemblage, growth, curation and classification of plants in Malawi;

    (b)    develop the existing botanic garden in the Municipality of Zomba and establish other botanic gardens at such other suitable place or places in Malawi as the Council may see fit;

    (c)    carry out investigation and research into the science of plants and related subjects, and…