Jamaica Library Service Act

Link to law: http://www.moj.gov.jm/laws/jamaica-library-service-act
Published: 1949-11-18

JAMAICA LIBKARY SERVlCE I

THE JAMAICA LIBRARY SERVICE ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Establishment of Jamaica Library Board.
4. General powers of Board.
5. Power to make bylaws.
6. Regulationb.
7. Duties of Board.
8. Composition and meetings of Board.
9. Power of Board to appoint acting Chairman.

10. Duration of office of members of Board.
11. Member of Board not personally liable for bom fide act.
12. Travelling expenses.
13 Audit.
14. Establishment of Parish Library Committees.
15. Duties of Parish Library Committees.
16. Power of Parish Library Committees to make rules.
17. Composition of Parish Library Committees.
18. Duration of office of members of Parish Library Committees.
19 Exemption from import duty and tonnage tax.

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JAMAICA LIBRARY SERVICE 3

Cap. 175.
Laws

54 OF 1953,
2 of 1%1.

THE JAMAICA LIBRARY SERVICE ACT

[18th November, 1949.1

1. This Act may be cited as the Jamaica Library Service Sborttitle
Act.

2. In this Act- Interpreta-
“the Board” means the Jamaica Library Board constituted tion’

‘‘Parish Council” includes the Kingston and St. Andrew

“Parish Library Committee” means any committee estab-

under this Act;

Corporation;

lished under section 14.

3 . 4 1 ) There is hereby established a body corporate to Edablirh-
mwt of be known as the Jamaica Library Board which shall have ,amaia

perpetual succession and a common seal and power to gig?
acquire land and other property of whatever description.

(2) The seal of the Board shall be authenticated by
the signatures of the Chairman and one member of the
Board authorized to act in that behalf and such seal shall
be officially and judicially noticed.

(3) All documents, other than those required by law
to be under seal, made by, and all decisions of, the Board
may be signified under the hand of the Chairman or any
member of the Board authorized in that behalf.

(4) The Board may sue and be sued in their corporate
name and may for all purposes be described by such name.

(5 ) No act or proceeding of the Board shall be
questioned on account of any vacancy in their membership;

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4 JAMAICA LIBRARY SERVICE

and no defect in the qualification or appointment of any
person acting as a member of the Board shall vitiate any
proceedings thereof.

General

KT Of
4. In addition to any powers conferred by any other

section of this Act the Board shall have the following
powers-

(a) to make standing orders regulating the date, time
and place of meeting of the Board and the conduct
of business and the procedure to be followed at
any meeting of the Board, so, however, that such
standing orders shall provide that no business
except the business of adjourning to some other
day and time shall be transacted at any meeting
of the Board unless there are present not less than
three members of the Board (including the Chair-
man or the acting Chairman);

(b) to delegate the performance of any duty imposed
or the exercise of any power conferred by or under
this Act upon the Board to a sub-committee com-
posed of so many and such members of the Board
and so many and such (if any) persons other than
members of the Board as the Board may appoint,
so, however, that no act of any sub-committee
shall have any effect unless such act is ratified by
the Board not later than the next meeting but one
of the Board after the meeting of the sub-com-
mittee at which such act was done;

(c) to draw, negotiate and accept bills of exchange,
cheques and promissory notes;

(d) to enter into all such contracts as the Board may
consider necessary or expedient to be entered into
for the due performance of any duty imposed or

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JAMAICA LIBRARY SERVICE

the effective exercise of any power conferred upon
the Board by or under this Act;

(e) to incur all such expenditure as the Board may
consider necessary or expedient, within the limits
of the funds at the disposal of the Board, for the
due performance of any duty imposed or the
effective exercise of any power conferred upon the
Board by or under this Act;

( f ) such other powers as the Minister may by order
confer upon the Board at the request of the
Board.

5

5.-(1) Subject to the provisions of subsection (2) the Powerto

(a) prohibiting or restricting the access of members
of the public to any premises vested in or occupied
by the Board or by a Parish Library Committee
or to any portion of such premises;

(b) for ensuring the maintenance of good order and
discipline amongst members of the public at any
time when upon any premises vested in or occupied
by the Board or by a Parish Library Committee;

(c) for preventing the unauthorized or improper use
of or the wilful or negligent occasioning of injury
to any property vested in or occupied by the Board
or by a Parish Library Committee.

(2 ) By-laws under this section shall be of no effect
until such time as they are approved by the Minister and
are published in the Gazette.

(3) Every person who contravenes any by-law under
this section shall be guilty of an offence against this section
and on summary conviction before a Resident Magistrate
shall be liable to a fine not exceeding twenty dollars and in

make
Board may make by-laws- by~laws.

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6 JAMAICA LIBRARY SERVICE

default of payment of such fine to be imprisoned for any
term not exceeding thirty days.

Regulations.

211961

6. Subject to the provisions of this section the Board may
with the approval of the Minister make such regulations
as may be necessary or expedient generally-

(a) for securing the full and effectual performance of
any duty imposed and exercise of any power con-
ferred upon the Board by or under this Act;

(b) for securing the proper, efficient and economic
maintenance, management, organization, adminis-
tration and operation of the library service
operated by the Board;

(c) for securing the proper, efficient and economic
maintenance, management, administration, organ-
ization and use of any facilities or services of any
description provided by or at the expense of the
Board;

(4 for regulating the hours during which, the means
whereby, the purposes for which and the condi-
tions subject to which members of the public may
have access to any premises vested in or occupied
by the Board or any portion of such premises;

(4 for the preservation of all property vested in the
Board and for the proper and economic use of all
such property,

s. 2.

Duties of 7. The duties of the Board shall be-
Board.

(a) to establish, maintain, manage, control and operate
a library service;

( b ) to make all such appointments as may be necessary
to enable the duties imposed by paragraph (a) to be
fully and effectually performed;

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JAMAICA LIBRARY SERVICE 7

(c) to prepare and to submit to the Minister not later
than the 31st day of July in each year, a report of
the activities of the Board and a financial state-
ment of all receipts and expenditure by the Board
during the preceding year ending 31st day of
March, and such report and financial statement
shall be laid on the Tables of the Senate and the
House of Representatives;

(d) to prepare and to submit to the Minister for
approval not later than the 15th day of October 211961
in each year an estimate of all revenue likely to
be received and expenditure likely to be incurred
during the next financial year upon or in respect
of the library service together with a forecast of all
expenditure likely to be incurred upon or in con-
nection with any activities associated with the
library service.

s. 2.

8.-(1) The Board shall consist of nine persons to be Composition
and meet-
ings of
Board.

appointed by the Minister.
(2) The Minister may appoint any person to act 2,1%1

temporarily in the place of any member of the Board in the s.*.
case of the absence or inability to act of that member.

(3) The Minister shall appoint one of the members of
the Board to be the chairman thereof.

(4) The Board shall meet as often as may be necessary
or expedient for the transaction of business but in any event
at least once in every three months.

9.41) At any time when the office of Chairman is vacant Powerof
or the Chairman is incapable of acting or has been granted
leave by the Board the Board may appoint one of their $$!&,,,
members to act as Chairman until such time as the office of
Chairman is lilled or until the Chairman becomes capable

Board to

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8 JAMAICA LIBRARY SERVICE

of acting or until the expiration of the leave of absence
granted to the Chairman, as the case may be, and any person
so appointed shall have for the duration of his appointment
all the powers of the Chairman.

(2) If the Chairman or the acting Chairman fails to
attend any meeting of the Board the members present at
such meeting may elect one of their number to act as Chair-
man at such meeting.

Duration of
office of
Members
of Board.
211961 s: 2.

Member of
Board not

ersonally f iable for
bona fide
act.

Travelling
expenses.

lO.-(l) Every member of the Board shall be appointed
for a period not exceeding three years, but shall be eligible
for reappointment.

(2) Every member of the Board shall be deemed to
have vacated his seat on the Board if-

(a) he dies or becomes bankrupt; or
(b) there is passed by the Board a resolution declaring

that he has become incapable by reason of mental
or bodily infirmity of discharging his duties; or

(c) there is passed by the Board a resolution declaring
that he has been absent from not less than four of
six consecutive meetings of the Board without the
leave of the Board first had and obtained; or

(d) he tenders his resignation in writing to the Board.

11. No action, suit, prosecution or other proceedings
shall be brought or instituted personally against any mem-
ber of the Board in respect of any act done bona fde in
pursuance or execution or intended execution of this Act.

12.41) Subject to the provisions of subsection (6), travel-
ling expenses actually incurred by members of the Board
or members of the Parish Library Committees when attend-
ing meetings of the Board shall be reimbursed from the funds
of the Board :

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JAMAICA LIBRARY SERVICE 9

Provided that no travelling expenses shall be paid under
this subsection to any member of a Parish Library Com-
mittee unless such member was requested by the Board to
attend such meeting.

(2) Subject to the provisions of subsection (6),
travelling expenses actually incurred by any member of a
Parish Library Committee when attending meetings of such
Parish Library Committee shall be reimbursed from the
funds of the Committee.

(3) A Parish Library Committee may authorize the
payment from the funds of the Committee of travelling
expenses actually incurred by one member of their com-
mittee or one member of their staff, or both, when attending
conferences approved by the Board.

(4) Subsistence allowance shall be paid from the
funds of the Board to members of the Board or members
of Parish Library Committees when attending meetings of
the Board.

(5) A Parish Library Committee may authorize the
payment of subsistence allowance from the funds of the
Committee to any one member of their Committee or to any
one member of their staff, or both, when attending con-
ferences approved by the Board.

(6) The rates of travelling allowance and subsist-
ence allowance shall be the same as those paid to members
of the Government Service.

13.41) The accounts of the Board shall be audited Audit
annually under such arrangements and in such manner as
may be approved by the Auditor-General and the members,
officers and servants of the Board shall grant to the person
conducting such audit access to all the books, documents,
cash and securities of the Board and shall give to him on

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10 JAMAICA LIBRARY SERVICE

request all such information as shall be within their know-
ledge in relation to the operation of the Board.

(2) The provisions of subsection (1) shall apply to
the accounts, books, documents, cash and securities of
Parish Library Committees and to the members, officers
and servants and to the operation of such Committees as
they apply to the accounts, books, documents, cash and
securities of the Board and to the members, officers and
servants of the Board and to the operation of the Board.

Establish- 14 .41) The Minister on an application from the Parish
ment'* Parish Council of the parish and from the Board may by order
Libraw establish a Parish Library Committee in any parish, so,
54/1953 however, that the Corporate Area of Kingston and
s.2(a)- St. Andrew shall for this purpose and all purposes incidental

thereto, be deemed to be one parish.
(2) Each application under subsection (1) shall

include an undertaking to make annual contributions in
accordance with the terms agreed upon between the Board
and the Parish Council for the parish for the division of
maintenance expenses.

(3) No act or proceeding of any Parish Library
Committee shall be questioned on account of any vacancy
in its membership; and no defect in the qualification or
appointment of any person acting as a member of the Com-
mittee shall vitiate any proceedings thereof.

Commitles.

54/1953
s.2(b).

Duties of 15.-(1) The duties of each Parish Library Committee

(a) to maintain, manage and operate the library
services in the particular parish subject to regula-
tions made by the Board;

(b) to make recommendations to the Board for the
appointment and dismissal of professional staff,

Parish
Library shall b e -
Committecs.
2/1%1 s. 2.

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J A MAlCA LIBRARY SERVICE 11

(c) to appoint and dismiss staff other than professional
staff;

(d ) to prepare and submit to the Board and the Parish
Council of the parish not later than the 31st day
of May in each year a report of the activities of
the Committee and a financial statement of all
receipts and expenditure by the Committee during
the preceding financial year;

(e) to prepare and submit to the Board and the Parish
Council of the parish before the 31st day of August
in each year estimates of all receipts and expendi-
ture by the Committee for the forthcoming finan-
cial year;

( f ) to make rules for the conduct of meetings of the
Committee;

(g) to have ownership of the library buildings con-
structed under the scheme vested in the
Committee :

Provided that should the order establishing a
Committee be revoked by the Minister owner-
ship shall then vest in the Board:

Provided also that neither the Committee nor
the Board shall have authority to assign or transfer
property without the prior approval of the Minister;

(h) to retain for its own use all revenue of any type
accruing to the Committee except revenue in
respect of loss of books which shall be paid over
to the Board.

(2) In this section “professional staff means staff
designated by the Board as professional staff.

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12 JAMAICA LIBRARY SERVICE

16.-(1) Each Parish Library Committee shall have power
to make rules for the management and operation of the
parish libraries based upon model rules laid down by the
Board.

(2) Any rules made by the Parish Library Commit-
tees shall be subject to confirmation by the Board.

1 7 . 4 1 ) Each Parish Library Committee-
( U ) shall consist of eight members of whom five shall

be appointed by the Board and three shall be
appointed by the Parish Council; and

( b ) shall have power to co-opt not more than two
other members.

(2 ) All members of Parish Library Committees shall
be residents of the Parish.

(3) No business except the business of adjourning
to some other day and time shall be transacted at any
meeting unless there are present not less than four members
of the Committee including the Chairman or the acting
Chairman.

(4) Each Parish Library Committee shall have
power to appoint its own Chairman.

(5) Each Parish Library Committee shall meet as
often as may be necessary or expedient for the transaction
of business but in any event at least once in every three
months.

(6) Any officer of the Library Service designated
for the purpose by the Director of Library Services shall be
entitled to attend meetings of any Parish Library Committee.

lS.-(l) Every member of the Parish Library Committee
shall be appointed for a period not exceeding three years,
but shall be eligible for reappointment.

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Power of
Parish
LibraN
CornAttees
to make
rules.

2/1%1
s. 2.

Composition
of Parish
Library
Committees.
2/1%1 s. 2.

211961 s. 2.

2/1961
s. 2

2/1961
S. 2.

Duration of
office of
members of
Parish
Library
Committees.

JAMAICA LIBRARY SERVICE 13

(2) Every member of a Parish Library Committee 2/1961 s. 2. shall be deemed to have vacated his seat on the Committee
if-

(a) he dies or becomes bankrupt; or
(b) there is passed by the Parish Library Committee

a resolution declaring that he has become incap-
able by reason of mental or bodily infirmity of
discharging his duties; or

(c) there is passed by the Parish Library Committee
a resolution declaring that he has been absent from
not less than four of six consecutive meetings of
the Committee without the leave of the Committee
first had and obtained; or

(d) he tenders his resignation in writing to the Board;
or

(e) he ceases to be resident in the parish.

(3) So soon as may be after any member of a Parish
Library Committee is deemed to have vacated his seat on
the Committee pursuant to the provisions of subsection (2)
another person shall be appointed or elected as a member
of the Committee in place of the member who is deemed to
have vacated his seat on the Committee by the person or
body of persons by whom the member so deemed to have
vacated his seat was appointed or elected and any person so
appointed or elected shall hold office for the remainder of
the period for which the previous holder had been appointed
or elected.

19. Notwithstanding anything to the contrary no import Exemption
duty or tonnage tax shall be payable upon any articles dutyanJ
imported into Jamaica or taken out of bond in Jamaica by mmagem.
the Board.

frumim ort

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