Sri Lanka Library Association (Amendment)

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Published: 2004

Sri Lanka Library Association (Amendment)
Sri Lanka Library Association (Amendment)




AN ACT TO AMEND THE SRI LANKA LIBRARY ASSOCIATION (INCORPORATION) LAW, NO. 20 OF 1974








BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :



[6th February

, 2004 ]













Short title.



1. This Act may be cited as the Sri Lanka Library Association (Incorporation) (Amendment) Act, No. 7 of 2004.



Amendment of preamble of Law, No. 20 of 1974.



2. The preamble to the Sri Lanka Library Association (Incorporation) Law, No. 20 of 1974 (hereinafter referred to as the "principal enactment") is hereby repealed and the following preamble substituted therefor :-



WHEREAS an association called and known as the "Sri Lanka Library Association" has heretofore been established in Sri Lanka for the advancement of the study and practice of Library Documentation and Information Services and related subjects ; to organize, develop and regularise the study and teaching of Library Science. Documentation and Information Science, to support, protect and maintain the status, interests and welfare of the profession of Librarianship and Information Science, and for the purpose of effectively carrying out and transacting all matters connected with the said association according to the rules agreed to by its members :



AND WHEREAS the said association has heretofore successfully carried out and transacted the several objects and matters for which it was established and it is now desirable that the said association should be incorporated.



Replacement of section 3 of the principal enactment.



3. Section 3 of the principal enactment is hereby repealed and the following new section substituted therefor :-







"Membership of the Corporation.



3.







(1)







(a)The Membership of the corporation shall consist of corporate members and non corporate members ;



(b) The Corporate members shall consist of Fellows and Associates who shall have voting rights ;



(c) The non corporate members (persons not eligible to be corporate members) shall have no voting rights.



(2) The Council may by rules specify -







(a) the qualifications and disqualification for membership of the corporation ;



(b) the form of the application for membership ;



(c) the application fee :



(d) the form and conditions for issuing of the certificate of membership ;



(e) the manner of maintenance of the register of members ;



(f) the payment of any additional fees, the waiver or reduction of the membership fee;



(g) the effect of non payment of the membership fee ;



(h) the rights, privileges and duties of members and conditions of membership.



(3) Notwithstanding anything to the contrary in the preceding provisions of this section all persons who were members of the corporation, whatever the category immediately prior to the date of commencement of this Act, shall for all purposes continue to be members of the corporation in the same category, from the date of commencement this Act."



Replacement of section 4 of the Principal enactment.



4. Section 4 of the principal enactment is hereby repealed and the following new section substituted therefor :-







"Objects of the Corporation.



4. The objects of the Corporation shall be -





(a) to establish, maintain and promote the Library, Documentation and Information Services in Sri Lanka a and to set up professional standards for such services ;



(b) to co-ordinate and co-operate with authorities concerned with planning, programming and developing of all aspects of library, documentation and information services ;



(c) to provide professional advice and to promote, facilitate and assist in the use of new technologies in the field of library science, documentation and information service ;



(d) to organize discussions, meetings, conferences and seminars relating to library science documentation and information service and encourage and facilitate the participation of person interested ;



(e) to safeguard, protect and promote the rights, privileges, status, interests and welfare of the Librarians and Information Scientists ;



(f) to organize, conduct and control the education and training of persons desiring to qualify as professional librarians and information scientists and for that purpose prescribe, approve and accredit appropriate courses of study ;



(g) to promote and facilitate the study, teaching and research on library science and information science and services ;



(h) to co-operate and co-ordinate with other establishments and associations both national and international, having objects similar to the corporation ;



(i) to unite all those engaged in library and information services and promote coordination and fellowship among them ;



(j) to promote co-ordination and cooperation between libraries in Sri Lanka;



(k) to collect literature pertaining to library information and documentation science and maintain a library and documentation center ;



(l) to introduce a Code of Conduct and Ethics for the members of the Corporation and monitor the implementation of such Code ; and



(m) to do all such other acts and things as are incidental or conducive to the attainment of the above objects.



Amendment of section 5 of the principal enactment.



5. Section 5 of the principal enactment is hereby amended in subsection (2) thereof by the repeal of paragraphs (a) and (b) thereof and substitution therefor of the following paragraph :-





" (a) the office-bearers of the corporation specified below who shall be elected at the annual general meeting or a special general meeting of the corporation, from among its members in accordance with the rules of the corporation :-




(i) The President;



(ii) The President-Elect ;



(iii) The Vice President;



(iv) The General Secretary ;



(v) The Assistant General Secretary ;



(vi) The Treasurer ;



(vii) The Education officer ;



(viii) The Assistant Education Officer ;



(ix) The publication Officer ;



(x) The Information and Public Relations Officer.



(b) The Immediate Past President of the Council."



Amendment of section 6 of the principal enactment.



6. Section 6 of the principal enactment is hereby amended in subsection (1) of that section as follows :-





(1) by the repeal of paragraphs (a) and (b) of the that subsection and the substitution therefor of the following paragraphs :-





"(a) to constitute disciplinary committees, standing committees and other committees as the council deems necessary ;



(b) to make recommendations to the Corporation in respect of making of additions, alterations and amendments to the rules and regulations and to the code of Conduct and Ethics ; ";



(2) by the repeal of paragraphs(i), (j), (k) and (l) of that subsection and the substitution therefor of the following paragraphs :-





"(i) to award scholarships, medals and other awards of distinctions as may be necessary and to create special fund, for such purpose ;



(j) to tender advise in the recognition and accreditation of Library and Information Science courses and examinations conducted by other institutions and on any other matter relating to the profession of librarian ship and information science ;



(k) to determine the fees to be paid by the corporation to examiners, lecturers and to persons preparing distance education courses in library science, documentation and information science ;



(l) to determine the rights, powers, functions and privileges of the office bearers of the corporation .



Amendment of section 7 of the principal enactment.



7. Section 7 of the principal enactment is hereby amended by the repeal of paragraph (a) of subsection (2) thereof and the substitution therefore of the following paragraph :-





"(a) The office bearers specified below :-







(i) The President ;



(ii) The President Elect ;



(iii) The Vice President;



(iv) The General Secretary ;



(v) The Assistant General Secretary ;



(vi) The Treasurer ;



(vii) The Education Officer ;



(viii) The Assistant Education Officer ;



(ix) The Publication Officer ;



(x) The Information and Public Relations Officer."



Amendment of section 8 of the principal enactment.



8. Section 8 of the principal enactment is hereby amended in subsection (1) as follows :-





(1) by the repeal of paragraph (i) of that section and the substitution therefor of the following paragraph :-




"(i) to make recommendations to the Council regarding the award of fellowships and associate ships of the corporation."



(2) by the relettering of paragraph (m) of that subsection as paragraph (n) thereof ; and



(3) by the insertion immediately after paragraph (1) of that section of the following paragraph :-







(m) to make recommendation to the Council in relation to the award of scholarships, medals and other awards of distinction ; and "



Amendment of section 12 of the principal enactment.



9. Section 12 of the principal enactment is hereby amended by the renumbering of that section as section 17 of the principal enactment.



Insertion of new sections 12, 13, 14, 15, and 16 of the principal enactment.



10. The following new sections are hereby inserted immediately after section 11 of the principal enactment and shall have effect as sections 12, 13, 14, 15, and 16 of that enactment :-







Disqualification for membership and disciplinary powers and procedure.



12.





(1) No person shall be admitted as a corporate member of the corporation :-







(a) if he has been adjudged by a competent court, whether in Sri Lanka or outside Sri Lanka to be of unsound mind ;



(b) if having been adjudged as insolvent or bankrupt by a competent court, whether in Sri Lanka or outside Sri Lanka, he has not been granted by such court a certificate to the effect that his in solvency or bankruptcy has arisen wholly or partly from unavoidable losses or misfortunate ; or



(c) if he has been convicted by a competent court whether in Sri Lanka or outside Sri Lanka, of any prescribed offence or of any offence involving moral turpitude and punishable with rigorous imprisonment for a period exceeding three months.



(2) The Council shall disenrol any corporate member who becomes subject to any of the disqualifications specified in paragraph (a), (b) and (c) of subsection (1) of this section : Provided however that the Council may in its discretion re-admit such person when he ceased to be subject to such disqualification.



(3) The Council may disenrol any corporate member who in its opinion has been guilty of professional misconduct. "Professional misconduct" means any act or omission which contravenes the Code of Professional Conduct and Ethics of the Sri Lanka Library Association, for the time being in force :



Provided however, that the Council may in lieu of disenrolment, reprimand such member or suspend him from membership for such period not exceeding one year as the Council may consider just and equitable considering the circumstances.



(4) The Council shall not disenrol, suspend from membership or reprimand any corporate member under the preceding provisions of this section unless a Disciplinary Committee appointed by the Council has, after inquiry, has reported to the Council that such member has become subject to any of the aforesaid disqualifications or has been guilty of professional misconduct.



(5) Where a Disciplinary Committee appointed by the Council is of the opinion that the evidence of any member or the production by any member of any document pertaining to any person or organization would be relevant to or necessary for, such inquiry it shall have the power by a notice in writing to require such person, to attend at such time and place as specified in such notice, in order to give evidence or to produce such document.



(6) The corporate member in respect of whom a Disciplinary Committee has made a finding may appeal against such decision to the Council.



Audit and Accounts.



13.





(1) The Council shall cause proper books and accounts to be kept of the income and expenditure, assets and liabilities, and all other transactions of the Corporation.



(2) The accounts of the corporation shall be subject to audit by a person or a body of persons qualified to practice as Chartered Accountants in Sri Lanka, who shall be appointed for such purpose at the Annual General meeting of the corporation.



Use of title.



14.





(1) Every active corporate member of the Association shall be entitled to use the title "Chartered Librarian". A Fellow shall also be entitled to use the initials "FLA (Sri Lanka)" and as Associate the initials "ALA (Sri Lanka)".



(2) Save as aforesaid, no other person or body of persons shall use the title "Chartered librarian" or the initials "FLA ( Sri Lanka)", or "ALA (Sri Lanka)".



(3) Any person who contravenes the provisions of subsection (2) shall be guilty of an offence under this Act.



Penalty.



15.





(1) Any person who is guilty of an offence under this Act shall be liable, on conviction after trial by magistrate, to imprisonment of either description for a term not exceeding six months or to a fine not exceeding rupees five thousand or to both such imprisonment and fine.



Common seal.



16.





(1) The seal of the corporation shall be of such shape, size and design as the Council by resolution determine.



(2) The Council shall be responsible for the safe custody of such seal. The seal shall be affixed to deeds and documents, in the presence of two of its officers, as the council may authorize from time to time, by resolution, and such officers shall attest the affixing thereof in token of their presence."



Sinhala text to prevail in case of inconsistency.



11. In the event of any inconsistency between the Sinhala and Tamil texts of this Act 'the Sinhala text shall prevail.
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