NATIONAL LIBRARY SERVICE

CHAPTER 31:01
NATIONAL LIBRARY SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Establishment of Board

    4.    Functions of Board

    5.    Report by Board

    6.    Appointment of Executive Secretary and other staff

    7.    Funds of Board

    8.    Investment

    9.    Accounts and audit

    10.    Execution of documents

    11.    Regulations

        Schedule

31 of 1967
30 of 1969
9 of 1986
G.N. 15/1979

    An Act to provide for the control and regulation of the National Library Service, to establish the National Library Service Board and to provide for matters incidental thereto and connected therewith

1.    Short title

    This Act may be cited as the National Library Service Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    ‘‘Board’’ means the National Library Service Board established by section 3;

    ‘‘Executive Secretary’’ means the Executive Secretary of the National Library Service appointed under section 6;

9 of 1986

    ‘‘financial year’’ means such year or other period as the Minister may from time to time, by notice published in the Gazette, determine to be the financial year of the Board.

30 of 1969

3.    Establishment of Board

    (1) There is hereby established a Board, which shall—

    (a)    be a body corporate by the name of the National Library Service Board, with perpetual succession and a common seal;

    (b)    in its corporate name be capable of suing and being sued; and

    (c)    be capable of holding, purchasing and otherwise acquiring, and disposing of any property, moveable or immoveable, for the purposes of, or in the course of, the carrying out of its functions.

    (2) The Schedule shall have effect as to the constitution and proceedings of, and otherwise in relation to, the Board.

    (3) The Minister may, on the advice of the Board, by Order amend the Schedule.

4.    Functions of Board

    (1) The functions of the Board shall be to promote, establish, equip, manage, maintain and develop libraries in Malawi.

    (2) The Board shall have power for the purpose of carrying out its functions to do all such acts as appear to it to be necessary, desirable, advantageous or convenient for or in connexion with the carrying out of its functions or to be incidental or conducive to their proper discharge, and may carry on any activities in that behalf either alone or in association with any other person or body (including the Government or a local authority).

    (3) For the avoidance of doubt it is hereby declared that the powers of the Board referred to in subsection (2) relate only to its capacity as a body corporate and nothing in that subsection shall authorize the disregard by the Board of any written law.

5.    Report by Board

    The Board shall, within six months after the end of each financial year, make a full report to the Minister on the conduct of its business during that year, and the Minister shall lay a copy thereof before the National Assembly.

6.    Appointment of Executive Secretary and other staff

    (1) Subject to subsection (2), the Board may appoint an Executive Secretary of the National Library Service who shall be the chief executive officer of the Board and who shall be entitled to be present and to speak, but not to vote, at meetings of the Board.

9 of 1986

    (2) The appointment of the Executive Secretary and his terms and conditions of service shall be subject to the approval of the Minister.

    (3) The Board may from time to time appoint, on such terms and conditions as it thinks fit, such officers, clerks and servants as it considers necessary for carrying out its functions under this Act.

    (4) The Board may appoint from among its members a working committee, of such composition and with such powers as the Board may determine, for the purpose of assisting or advising the Executive Secretary in his day to day administration of the National Library Service.

7.    Funds of the Board

    The funds and resources of the Board shall consist of—

    (a)    such sums as may be provided by Parliament for the purposes of this Act;

    (b)    any sums or property which may in any manner become payable to or vested in the Board in respect of any matter incidental to the carrying out of its functions;

    (c)    any sums or property which may be donated to the Board:

    Provided that the Board shall not be obliged to accept a donation for a particular purpose unless it approves of the terms and conditions attached to such donation.

8.    Investment

    (1) The Board may, with the approval of the Minister and subject to such conditions as he may impose, invest such part of its funds as are not for the time being required for the…