MALAWI BOOK SERVICE

CHAPTER 30:03
MALAWI BOOK SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Establishment of Malawi Book Service

    4.    Constitution of Board

    5.    Disqualification of members of the Board

    6.    Transfer of assets and liabilities of the African Book Centre to the Board

    7.    Functions of the Board

    8.    Officers and employees of the Malawi Book Service

    9.    Financial provisions

    10.    Financial policy

    11.    Advances by Government

    12.    Access to commercial credit facilities

    13.    Borrowing powers

    14.    Transfer of functions

    15.    Acquisition of land

    16.    General powers of the Minister

    17.    Accounts and reports

    18.    Legal proceedings

    19.    Indemnity for all acts done bona fide

    20.    Regulations

28 of 1983
3 of 1967
8 of 1980

    An Act to provide for the establishment of the Malawi Book Service and for the establishment of a Board of Management thereof and for matters connected therewith and incidental thereto

1.    Short title

    This Act may be cited as the Malawi Book Service Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘African Book Centre’’ means the unincorporated body known as “The African Book Centre”, established in 1949 as an agency of the Northern Rhodesia and Nyasaland Publications Bureau to distribute and sell the products of that Bureau;

    ‘‘Board’’ means the Board of Management of the Malawi Book Service appointed under section 4 (2);

    ‘‘educational supplies’’ means books, stationery, furniture, equip­ment, visual aid apparatus and educational aids of every kind habitually used or capable of being used in the course of or for the purpose of providing or assisting in the provision of instruction in schools or other educational establishments;

    ‘‘Malawi Book Service’’ means the Malawi Book Service established under section 3;

    ‘‘member’’ includes the chairman of the Board.

3.    Establishment of Malawi Book Service

    There is hereby established the Malawi Book Service which shall be a body corporate by that name with perpetual succession and a common seal, with power to alter and change the same from time to time, and which shall be capable in law of suing and being sued, of purchasing, holding, letting and alienating land and of doing and performing such acts and things as bodies corporate may by law do and perform, subject to this Act.

4.    Constitution of Board

    (1) The operation of the Malawi Book Service shall, subject to this Act, be controlled by a Board of Management.

    (2) (a) The Board shall consist of the following members appointed at his discretion by the Minister—

        (i)    a chairman;

        (ii)    a vice-chairman;

        (iii)    not less than four or more than five other members as the Minister may determine.

8 of 1980

    (b)    Every member of the Board shall hold office for two years and subject thereto shall hold office in accordance with such terms and conditions as the Minister may at his discretion attach to his appointment.

    (c)    Any member of the Board may resign from the Board on giving notice thereof in writing to the Minister.

    (d)    Any member of the Board shall on the termination of his appointment be eligible for re-appointment.

    (3) The chairman shall preside over meetings of the Board, but in his absence the vice-chairman shall act as chairman, and in the absence of both chairman and the vice-chairman from any meeting of the Board the members present shall elect one of their number to perform the functions of chairman.

    (4) The Minister may appoint alternate members to act in case any member of the Board is unable to be present at any meeting of the Board through illness or for any other cause.

    (5) The decisions of the Board shall be taken by a majority of the votes of the members present and voting:

    Provided that—

    (a)    the chairman at any meeting shall have a casting as well as a deliberative vote;

    (b)    no member of the Board shall take part in the consideration or discussion of or vote upon any decision of the Board on any matter in which he has any pecuniary or other personal interest, direct or indirect.

    (6) The validity of any proceedings of the Board shall not be affected by any vacancy among the members thereof, or by any defect in the appointment of any member thereof.

    (7) The members of the Board may be paid such allowances or reimbursements as the Minister may from time to time authorize.

    (8) The Board may from time to time, and subject to this Act, make standing orders for regulating—

    (a)    The mode and order of proceedings of the Board;

    (b)    the quorum necessary to constitute the meetings of the Board;

    (c)    the method of…