National Library and Information Services Authority Act 2009


Published: 1969-12-31

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EXTRAORDINARY

OFFICIAL GAZETTE
THE BAHAMAS
PUBLISHED BY AUTHORITY

NASSAU lOth March, 2009

. }

No. 1 of2009

AN ACT TO ESTABLISH A BODY CORPORATE TO BE
KNOWN AS THE NATIONAL LIBRARY AND
INFORMATION SERVICES AUTHORITY TO HAVE
RESPONSIBILITY FOR MANAGING AND OPERATING A
NATIONAL LIBRARY AND INFORMATION SERVICES
SYSTEM AND FOR CONNECTED MATTERS

Short tille

and commence-

ment.

Interpretation.

(Date of Assent 10111 March, 2009]

Enacted by the Parliament of The Bahamas.

PART I

PRELIMINARY

1. ( 1) This Act may be cited as the National
Library and Information Services Authority Act, 2009.

(2) This Act shall come into force on such
date as the Minister may appoint by notice published in
the Gazette.

2. In this Act-

"Board" means the National Library and
Information Services Authority Board of
Directors established by section 8;

"Chairman" means the Chairman of the Board;

"collection" means the collection of material and
information referred to in section 7;

"Director" means the executive director of the
Authority appointed in accordance with section
14;

Ch. 323.

•. <

"Deputy Director" means the Deputy Director of
the Authority appointed in accordance with
section 14;

"financial year" means any period of twelve
months beginning on 1st July in any year;

"information" means data that are organized,
recorded, classified, related or interpreted
within a context, to convey a meaning or a use;

"information services" means the obtaining of, or
gaining of access to, as well as assessing,
listing, processing, and disseminating of
information;

"library" means any branch library or service point
of the system established pursuant to this Act;

"libraty material" means material in the collection;

"local library committee" means the committee of a
branch library appointed pursuant to section I 0;

"material" means any book, periodical, newspaper,
pamphlet, picture, print photograph, map, chart,
plan or manuscript computer software, online
da .... bases, audiovisual production, sound
recording or any other formats constituting the
contents of a library which may be published or
unpublished as defined in section 3( l) of the
Copyright Act;

"Minister" means the Minister to whom the
responsibility for libraries is assigned;

"service point" means any unit or facility, other
than a branch library, which affords access to
library services;

"system" means the national library and
information services system, inclusive of all
branch libraries and service points, centrally
administered by the Authority throughout the
Commonwealth of The Bahamas.

2

. '

"the Authority" means the National Library and
Information Services Authority.

PARTII

ESTABLISHMENT OF THE NATIONAL LIBRARY

AND INFORMATION SERVICES AUTHORITY

Eslllblishment

of the National

l..lbrary and

Information

Services

Authorit}.

Common Sui.

3. (I) There is established a body corporate by
the name of the National Library and Information
Services Authority (hereafter referred to as "the
Authority").

(2) The Authority is a body corporate with
perpetual succession and a common seal and is capable
of-

(a) in its corporate name, suing and being
sued;

(b) after consultation with the Director and
the Minister, taking, holding, purchasing
and otherwise acquiring and disposing of
any immovable property;

(c) doing or performing all such other things
or acts for the performance of its
functions under, and for the furtherance
of the provisions of, this Act which may
lawfully be done or performed by a body
corporate.

(3) The common seal of the Authority shall
be kept in the custody of the Director and shall be used
with the permission of the Board.

( 4) Every instrument to which the common
seal is affixed shall be authenticated by the signatures
of the Chairman or any other member of the Board duly
authorized by the Board in that behalf, and by the
Director.

3

Functions

of the

Authority.

(5) The common seal of the Authority when
affixed to any document and duly authenticated under
this section shall be judicially and officially noticed,
and, unless and until the contrary is proved, any
necessary order or authorization of the Board under this
section shall be presumed to have been duly given.

4. (1) The functions of the Authority are to -

(a) establish, maintain, equip, manage,
control and operate the system with as
many branch libraries and service points
as may be deemed necessary and
convenient;

(b) operate the system in such manner as to
enable individuals wherever they may be
in The Bahamas to have access to
information;

(c) advise the Minister on all matters
pertaining to the system;

(d) collect by legal deposit, purchase, or by
any other means, a minimum of two
copies of the nation's literary and cultural
heritage wherever and in whatever form
it exists;

(e) formulate standards and guidelines by
which libraries in the system shall
operate;

(f) provide consultancy and management
services to the public and private sectors,
in respect of matters for and in relation to
the establishment and conduct of a
library;

(g) coordinate the organization of
information in libraries so that it is easily
accessible for purpose of consultation
through any branch library of the system;

(h) act as national depository and resource
for material published by the
Government;

4

Powers.

'-'

(i) provide access to technical services for
the system, as necessary, by centralized
purchasing and processing, cataloguing,
and distributing of materials;

(j) prepare and publish essential catalogues,
print and electronic databases, websites,
indexes, including a national index, a
national bibliography and a national
union catalogue;

(k) provide reference and referral services
throughout the system;

(1) coordinate resource sharing, inter-library
loan and documentary delivery services,
at local and international levels;

(m) promote literacy skills and awareness in
the use of library material and
information services within the
community;

(n) provide access to the system to the
physically disadvantaged and persons in
institutions;

( o) provide for the training of staff in all
branch libraries of the system;

(p) supervise and evaluate staff performance;
and

( q) preserve, promote and exploit the
national heritage information of The
Bahamas.

5. (1) Subject to this Act, the Authority shall
have the power to do all things necessary or convenient
for, or in connection with, the performance of its
functions.

(2) Without limiting the generality of
subsection ( 1 ), the powers of the Authority include the
power to-

5

' .I

(a) enter into appropriate administrative
arrangements with persons in the public
and private sectors for the provision and
accessmg of library material and
information;

(b) establish and operate service points,
whether mobile or immobile, for the
custody, promotion and use of library
material and information;

(c) purchase, lend, lease, borrow or
exchange library material;

(d) dispose of, lend, or hire, library material
or information, or other property of the
Authority;

(e) subject to the approval of the Minister,
accept gifts, devises, bequests, or
assignments of property, real or personal,
whether on trust or otherwise and
whether unconditionally or subject to
reasonable condition;

(f) where a gift, devise, bequest, or
assignment, is accepted by the Authority
on trust or subject to a reasonable
condition, act as trustee or comply with
the condition as the case may be;

(g) purchase, or take on hire, such
furnishings, equipment, vehicles, goods
and other property needed for the
purposes of the Authority;

(h) purchase or lease land, buildings, or
structures, and to erect or modify
buildings or structures for the purposes of
the Authority;

(i) dispose of, or grant, leases of land or
buildings vested in the Authority;

6

Authority

may make

management

arrangements.

Composldon

oft he

collection

nnd use

of library

premises.

, ·'

U) enter into, or coordinate, appropriate
arrangements with countries, bodies or
persons, public or private, for the
promotion, conservation, preservation,
management, dissemination or custody of
library material, and other material or
information appropriate for libraries;

(k) make suitable investments in appropriate
technology for the efficient promotion,
use and management of material and
information;

(I) raise money for its purposes
approval of the Minister,
appropriate means.

with the
and by

6. (1) The Authority may enter into
arrangements with statutory bodies or corporations, or
the appropriate officer of The Bahamas House of
Assembly, to formulate memoranda of understanding
for the management of the library for which that
statutory body or corporation, or the appropriate officer
of The Bahamas House of Assembly, is responsible.

(2) The Authority may make reciprocal
arrangements with the National Archives, governing
such matters as the exchange, deposit and accessing of
records and library material.

7. (1) The collection shall comprise all material
and information vested in the Authority at the
commencement of this Act, and such other material and
information over which the Authority acquires custody
or control in accordance with this Act.

(2) The Authority may use any of its
premises, or allow them to be used, for the holding of
meetings or exhibitions, the showing of films or still
images, the giving of musical performances, and the
holding of other events of an educational or culture
nature.

7 -~

Establishment

of Board

of Directors.

First

Schedule.

Board to

be subject

to directions

of tbe Minister.

Establishment

or local library

committees.

, ..

(3) Notwithstanding section 26, the
Authority may make or authorize the making of a
charge for admission in connection with the use of its
premises pursuant to subsection (2).

PART ill

MANAGEMENT, ADMINISTRATION, STAFF

AND RELATED MATTERS

8. (I) There is established for the purposes of
this Act a board of directors to be known as the
National Library and Information Services Authority
Board of Directors (hereafter referred to as the
"Board").

(2) The provisions of the First Schedule have
effect with respect to the membership and proceedings
of the Board and otherwise in relation to its operation.

(3) The management, control and
administration of the Authority are vested in the Board.

9. (l) The Minister may give the Board such
general directions as the Minister thinks fit with respect
to the exercise of the Board's functions.

(2) In the exercise of its functions, the Board
shall comply with any directions given by the Minister
under subsection (1).

10. (1) The Board shall appoint a local library
committee for each branch library established locally in
any pari of The Bahamas.

(2) The Board shall delegate in writing to
any committee, appointed pursuant to subsection ( 1 ),
the power and authority to carry out on its behalf such
functions as the Board may determine.

(3) The members of a local library
committee shall be local residents of the area served by
the branch library.

8

Second

Schedule.

Gtnenl JIO"en

of the Board.

Duties

oft he

BoArd.

(4) The composttlon of a local library
committee shall be three members appointed by the
Board and not more than two members elected by the
patrons of the branch library concerned.

(5) Subject to subsection (2), the provisions
of the Second Schedule have effect with respect to the
powers and proceedings of a local library committee
and otherwise in relation to its functioning.

11. The Board shall have power to - -

(a) set up sub-committees to perform certain
duties of the Board;

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

(c) enter into contracts on behalf of the
Authority as the Board may consider
necessary or expedient for the due
performance of the functions of the
Authority, or any one of them;

(d) subject to the approval of the Minister,
accept on behalf of the Authority gifts,
devises, bequests or assignments of
property, grants or other monies~ and

(e) subject to this Act, do all acts as appear
to it necessary, desirable, advantageous
or convenient for or in connection with
the carrying out of the functions of the
Authority, or incidental or conducive to
their proper discharge.

12. The duties of the Board include but are
not limited to -

(a) the fmmulation of guidelines and policy
procedures for -

(i) the acquisition, maintenance and
development of material and
information required for the
operation of the system;

9

..

Appointment

of Dirretor,

Deputy

Director,

and other

staff.

(ii) the acquisition, maintenance and
development of technologies
required for the proper functioning
of the system;

(iii) the management, use and disposal
of material and information in the
collection; and

(iv) the control of the system of
accounting and the proper fmancial
management of the Authority.

(b) supervision and monitoring of the
performance of local library committees;
and

(c) assessment and evaluation of the
performance of the Director and the
Deputy Director.

13. ( 1) The Minister, in consultation with the
Board, shall appoint and employ upon such terms,
salary, and conditions as the Minister may determine a
Director of the Authority.

(2) The Director shall be appropriately
qualified in library and information science and have a
minimum of five years managerial experience in library
and information services.

(3) The Director shall be responsible
generally for the management and administration of the
Authority subject to the directions of and in accordance
with the policies communicated by the Board

(4) Without prejudice to the generality of
subsection (3), the Director shall manage, supervise
and direct the work of the Authority, its administrative
and other staff, and also perform such other functions
as may from time to time be assigned to him by the
Board.

(5) The Director, subject to the approval of
the Board, may be removed from office by the Minister
on the grounds of misconduct, inefficiency, or other
good cause.

10

Pensions and

gnotuities.

Ch.43.

' .~

(6) The Minister, in consultation with the
Board, shall appoint and employ upon such terms,
salary, and conditions as the Minister may determine a
Deputy Director of the Authority.

(7) The Deputy Director shall assist, and be
subject to the direction of, the Director in the
management and administration of the Authority,
including the administration of its funds and other
assets.

(8) Whenever the Director is absent from
The Bahamas or is for any reason unable to perform the
functions of his office, the Deputy Director shall act as
Director during such absence or inability.

(9) The Authority shall appoint, after
consultation with the Director, such professional,
technical, administrative and other staff as appear to the
Board to be necessary or expedient for the purposes of
carrying out the functions of the Authority.

( 1 0) The Authority may appoint staff on a
permanent, temporary, contractual, probationary,
pensionable or non-pensionable basis and on such other
tenns and conditions as the Board may determine.

14. (1) As soon as practicable after the
commencement of this Act, the Authority, in
collaboration with and subject to the approval of the
Minister of Finance, shall establish a contributory
pension scheme in relation to the service of each
pensionable employee with the Authority.

(2) The scheme established pursuant to
subsection (1) shall provide, as far as practicable,
pensions and benefits to pensionable employees of the
Authority similar to those derived by virtue of the
Pensions Act.

(3) The Authority shall pay under the
scheme such sums in respect of each pensionable
employee in such manner and amounts as the Minister
of Finance may from time to time direct.

• !

Cb.49.

Ch. 50.

Cb.43.

Abolldon

oromce1

and

transfer

of cmploycH.

Ch.49.

Ch. 50.

(4) For the purpose of subsection (1),
reference to the service of a pensionable employee with
the Authority includes -

(a) any continuous period of service of that
employee with an approved authority
immediately prior to his service with the
Authority;

(b) any continuous period of service of that
employee as a public officer holding a
pensionable office under the Government
immediately prior to his service with the
Authority;

(c) any continuous period of service of that
employee with a library established
under the Nassau Library Act and the
Out Islands Public Libraries Act
immediately prior to his service with the
Authority.

(5) In this section the expression "approved
authority" has the meaning assigned to it in the
Pensions Act.

15. (I) Immediately upon the coming into effect
of this Act, all offices in public libraries are abolished.

(2) All persons holding offices in public
libraries immediately prior to the coming into effect of
this Act shall be deemed to be transferred to the service
of the Authority for a period of twelve months
commencing from the date this Act comes into effect.

(3) Persons transferred to the service of the
Authority pursuant to subsection (2) shall be employed
upon terms and conditions no less favourable than
those which were attached to their service immediately
prior to the coming into effect of this Act.

(4) This section applies to public libraries
established under the Nassau Library Act, the Out
Island Public Libraries Act, or in any other manner.

12

(5) Upon the coming into effect of this Act,
any public officer who immediately prior to its coming
into effect was employed in a public library under the
administration and control of the Ministry or
Department ofEducation shall within twelve months of
its coming into effect exercise one or more of the
following options:

(a) request a transfer to the Authority upon
terms and conditions that arc no less
favourable to him than if he had
remained employed in the public service;

(b) request a secondment to the Authority for
a period not exceeding two years upon
terms and conditions that are no less
favourable to him than if he were not so
seconded; or

(c) request employment in the public service
in an office at remuneration
commensurate with that of the office held
by him immediately prior to the
commencement of this Act.

(6) The grant of any request made under
subsection ( 5) shall take effect upon the expiry of the
twelve month period referred to in subsection (2).

(7) Where a request is granted to an officer
pursuant to paragraph (b) of subsection (5), the officer
shall, immediately at the end of the period of
secondment, either:-

(a) accept an offer by the Authority to
transfer to the Authority on terms and
conditions no less favourable than he was
receiving while in the public service
immediately prior to his secondment; or

(b) accept an offer by the Authority to return
to the public service in an office at a
remuneration commensurate with that of
the office held by him in the public
service immediately prior to his
secondment to the Authority.

13

I <

Ch. 43.

Ch.49.

Cb.SO.

Ch.43.

Ch. 43.

(8) Where requests made by an officer under
subsection (5) are denied, or no offer is made to him or
accepted by him under subsection (7), then he shall
become eligible with respect to the provisions of
section 15 of the Pensions Act.

(9) Upon the coming into effect of this Act,
any person not a public officer who immediately before
its coming into effect held an office in a library
established under the Nassau Library Act, the Out
Islands Public Libraries Act, or in any other manner,
shall, within twelve months of its coming into effect,
either-

(a) accept an offer of employment with the
Authority, on terms no less favourable
than those attached to his service prior to
the coming into effect of this Act, to take
effect upon the expiry of his twelve
month period of employment pursuant to
subsection (2); or

(b) if no offer from the Authority is made to
him or accepted by him, become eligible
under the provisions of section 15 of the
Pension Act.

( 1 0) Within the period of twelve months
referred to in subsection (2), the Board shall determine
in respect of each person transferred to the service of
the Authority whether to grant a request made by that
person under subsection (5), or to offer employment
with the Authority to a person pursuant to subsection
(7) and subsection (9), and shall forthwith give notice
of its determination to each such person.

(11) The Board's offer of employment in
every case shall be based on the Board's assessment of
the suitability of each person to play a meaningful role
in fulfilling the functions of the Authority.

( 12) Where no request has been made by an
officer pursuant to subsection (5) within the prescribed
twelve month period, the provisions of section 15 of the
Pensions Act shall apply.

14

Funds and

resources

oft he

Authority.

Monies

deposited

to General

Account.

PART IV

FINANCIAL PROVISIONS AND VESTING

OF PROPERTY

16. The funds, revenues and resources of the
Authority shall consist of -

(a) such sums as may be provided by
Parliament from time to time for the
purposes of the Authority;

(b) such funds as may from time to time be
accrued to the Authority through its own
operations;

(c) such monies as may from time to time be
advanced to the Authority pursuant to
section 19;

(d) such sums as are provided to the
Authority or the Government of The
Bahamas by foreign States, international
organizations, multi-lending agencies,
corporations, foundations or private
individuals, for the performance of the
functions of the Authority;

(e) sums arising from grants, convenants,
donations and other receipts from
persons, including national and
international bodies; and

(t) such other sums as may become lawfully
payable to or vested in the Authority
whether or not in respect of any matter
incidental to its functions.

17. (1) All monies received by the Authority
pursuant to section 16 shall be deposited into an
account (hereafter refen·ed to as the "General
Account") to be maintained by the Authority with such
bank or banks as the Board may detennine.

15

Conlrol or

expenditure

or gins and

gran Is.

Borrowings

and advances

to the

Authority.

(2) The Authority shall keep in respect of the
General Account, two separate accounts -

(a) an account to be known as "the General
Current Account" in which shall be
recorded all deposits into and
withdrawals from the General Account
for applications towards defraying
current expenditure; and

(b) an account to be known as "the General
Capital Account" in which shall be
recorded all deposits into and
withdrawals from the General Account
for applications towards defraying capital
expenditure.

18. (1) Subject to subsection (2), where offers of
any gifts, donations, grants or other monies, are made
to the Authority, the Board shall inform the Minister of
the offer and, subject to the Minister's approval, the
same shall be accepted and expended in such manner as
the Board may determine.

(2) Where a donor or grantor, as the case
may be, has attached any reasonable stipulation to any
such gift, donation, grant or other monies, the Board
shall give effect to such stipulation.

19. (1) Subject to subsection (4) for the purpose
of enabling the Authority to defray expenses properly
chargeable to its capital account, including provision of
working capital, the Minister of Finance, at the request
of the Board, may make advances to the Authority.

(2) The Authority may, with the prior
approval of the Minister and the Minister of Finance,
borrow or raise capital required by it for meeting any of
its obligations or discharging any of its functions.

(3) Subject to subsection (4) the Minister of
Finance may guarantee in such manner and on such
conditions as he may think fit repayment of the
principal of and the payment of interest and other
charges on any approved borrowings of the Authority

16

Ch.329.

I t

made otherwise than by way of advance under
subsection ( 1 ).

(4) No advance shall be made and no
guarantee shall be given under this section unless prior
approval of the advance or the guarantee, as the case
may be, has been signified by the House of Assembly
in accordance with the Financial Administration and
Audit Act.

(5) Where a sum is paid pursuant to a
guarantee given under this section, the Minister of
Finance shall, as soon as possible after the end of each
fmancial year beginning with that in which the sum is
issued and ending with that in which all liability in
respect of the principal of the sum and in respect of
interest thereon is fmally discharged, lay before the
House of Assembly a statement relating to that sum.

(6) A sum required by the Minister of
Finance for making an advance and discharging a
guarantee w1der this section shall be charged on and
issued out of the Consolidated Fund.

(7) The Authority shall pay to the Minister of
Finance, at such times and in such manner as he may
direct, such amounts as he may direct in or towards
repayment of-

(a) advances made to the Authority under
subsection (1);

(b) sums issued in fulfillment of any
guarantees given under subsection (3);

(c) interest sums due on the amounts
outstanding for the time being in respect
of any advance made or sum issued in
fulfillment of any guarantee.

(8) The Minister of Finance may apply
different rates of interest with respect to advances made
or sums issued pursuant to subsection (7) and may
apply different rates of interest with respect to interest
for different periods.

17

Surplus

monies.

Reserve

rund.

Authority

to balance

revenue

account

and surplus

revenue.

Annual

report.

(9) The Minister of Finance shall lay before
each House of Parliament a statement of any payments
due from the Authority which are not duly paid to him
by the Authority as directed pursuant to subsection (7).

20. At the end of each financial year any
surplus monies standing to the credit of the Authority
and not required for any current purposes shall be
carried to the reserve fund.

21. (1) The Authority shall establish a reserve
fund.

(2) The management of the reserve fund, the
swns to be carried from time to time to its credit, and
the application of the reserve fund, shall be as the
Board may determine, but, the reserve fund shall not be
applied otherwise than for the purposes of the
Authority.

22. (l) The Authority shall exercise and perform
its functions so as to ensure that its revenue is not less
than sufficient to meet all sums properly chargeable to
its revenue account taking one year with another.

(2) Revenue account includes provisions in
respect of the Authority's obligations under section 17
and under this section.

(3) The Authority shall apply for such
purposes as the Board may determine any excess in its
revenue account for any financial year.

(4) The Authority shall prepare for each new
financial year an annual budget of revenue and
expenditure and shall submit same to the Minister at
least four months prior to the commencement of the
financial year.

23. The Board shall submit to the Minister
within four months or such longer period as the
Minister may allow after the expiration of each
financial year a report on the activities of the Authority
during that financial year.

18

• l

Accounts

and

audit.

Ch.364.

Exemptions.

Ch. 295.

Ch. 270.

Free admission

for Bahamian

citizens and

permanent

residents.

Transfer

and \·esti!lg

of assets.

24. (I) The Authority shall keep proper accounts
and other records and shall prepare in respect of each
financial year a statement of accounts in such form as
the Minister of Finance may direct, such form being in
accordance with accepted accounting procedures.

(2) The accounts of the Authority for each
financial year shall in the financial year following be
audited by a public accountant licensed under the
Public Accountants Act and appointed by the Board.

(3) Four months after the end of each
financial year, the Authority shall submit a copy of the
audited accounts to the Minister together with a copy of
any report made by the auditor.

(4) The Minister shall lay before each House
of Parliament a copy of every such audited accounts
made in accordance with this section together with a
copy of any report made by the auditor on the accounts.

25. The Authority is exempt from the
payment of all customs duties under the Tariff Act, all
stamp duties under the Stamp Act and all taxes under
the Real Property Tax Act.

26. No charge shall be made to citizens or
permanent residents of The Bahamas for membership
in a public library.

27. (I) By virtue of this Act, and without further
assurance, there is transferred to and vested in the
Authority all movable and immovable property and
fixtures situated thereon which immediately before the
commencement of this Act vested in the Treasurer in
trust for Her Majesty in right of Her Government of
The Bahamas for use as public libraries.

19

Cb.49.

Cb. SO.

Compulsory

acquislllon

orland.

Ch. 233.

Notice

of purchase

and

transfer

oflnnd

required.

(2) The transfer and vesting shall extend to
the whole of such movable and immovable property,
fixtures and undertakings, and shall include assets,
powers, rights and privileges, and all things necessary
and ancillary, which are held or enjoyed in connection
with or appertaining to said property, as well as all
obligations affecting or relating to any of the said
property, fixtures or undertakings.

(3) Upon the repeal of the Nassau Library
Act and the Out Islands Public Libraries Act,
respectively, all property, movable or immovable,
including material and information, that was vested or
deemed to have been vested in any library established
by those Acts shall be transferred to and vested in the
Authority.

( 4) Upon the repeal of the Acts referred to in
subsection (3), all assets, rights, debts, liabilities,
privileges, legal obligations, actions or proceedings,
incurred or instituted by or against a library established
by an Act referred to in that subsection, or arrangement
entered into by that library, shall continue as if the Act
establishing that library had not been repealed and shall
be deemed to have been entered into or incurred by,
owed to or pending with, the Authority as if Authority
had been the library established by that Act.

28. (1) The Minister may authorize the Authority
to purchase compulsorily any land or property which it
requires for the purposes of its functions and the
Acquisition of Land Act shall apply as if this Act had
been in force immediately before the commencement
of the Acquisition ofLand Act.

(2) For the purposes of subsection (1), "land"
includes any interest in or right over land.

29. (I) Where the Authority acquires any interest
in land or immoveable property other than that
described in sections 27 and 28, the Minister shall
publish by notice in the Gazette the description of the
land or immoveable property and of the interest
acquired by the Authority.

20

Regula lions.

(2) Where the Authority divests itself of any
interests in land or immovable property, however
acquired, the Minister shall publish by notice in the
Gazette the description of the land or immovable
property and of the interest divested by the Authority.

PART V

MISCELLANEOUS

30. The Minister may make regulations for
the carrying out of the objects of this Act and, without
limiting the generality of the foregoing, may make
regulations -

(a) prescribing the hours during which and
the conditions under which members of
the public may be admitted to a library;

(b) prescribing the procedures for obtaining
resources from a library and the manner
in which such resources may be issued to
members of the public;

(c) prescribing the fees or charges payable
by any person borrowing or using
resources from or in a library;

(d) establishing policies and procedures for
ensuring good order and discipline
amongst members of the public at any
time when upon any premises occupied
by the Authority;

(e) establishing policies to protect any
library, and its fittings, furniture and
contents, from damage; and for the
maintenance of library buildings;

(t) prescribing offences and penalties up to a
maximum of one thousand dollars for
contravention of any regulation made
pursuant to this section;

21

Offences.

, .1

(g) relating to the appointment of employees
of the Authority and their tenure and
conditions of service;

(h) prescribing procedures for the execution
of instruments and the mode of entering
into contracts by or on behalf of the
Authority;

(i) providing for the authentication of
documents executed, issued or signed by
or on behalf of the Authority;

G) prescribing guidelines and procedures for
the operation of local library commit tees;

(k) prescribing rules for the election of local
library committee members;

(I) prescribing the forms or contents of
applications, registers, notices or any
other docwnents required for the
purposes of this Act;

(m) prescribing guidelines for the recognition
and approval of "Friends of the Library"
associations by local library committees;
and

(n) generally for the better carrying out of
the purposes of this Act.

31. If any person fails without reasonable
excuse to comply with a request of the auditor
appointed under section 24 for access to any books,
documents, cash or securities of the Authority and fails
to give to him on request all such information that may
be within their knowledge in relation to the operation
of the Authority, that person shall be guilty of an
offence and liable on summary conviction to a fine not
exceeding ten thousand dollars or to a tenn of
imprisonment not exceeding six months, or to both fme
and imprisonment.

22

' '

Protection

against

cercaln

actions.

Ch.370.

Repeal of

Ch.49

and Cb. 50.

Composition

or the Board.

32. Where access to library material and
information is given to a person by the Authority, no
action for defamation or breach of copyright lies
against the Authority or any employee concerned in the
authorizing or giving of that access.

33. The Stamp Duty Act, or any charge
imposed by a written law with respect to the conveying
or transfer of property, shall not apply to the transfer
and vesting of that type of property in the Authority
under this Act.

34. The Nassau Library Act and the Out
Islands Public Libraries Act are hereby repealed.

FIRST SCHEDULE (Section 8 (2) )

l. (1) The Authority's Board of Directors shall
consist of a Chairman and such number of other
members, not being less than six nor more than nine, as
the Minister may from time to time determine.

(2) The Chairman shall be appointed by the
Minister.

(3) The other members of the Board shall be
appointed by the Minister after consultation with the
Chairman, and shall include -

(i) a representative of The Bahamas
Library Service Association;

(ii) a representative of the Minister
responsible for Education;

(iii) the Director of the Authority who
shall be a member of the Board ex
officio;

(iv) a representative of the office of the
Attorney General;

23

' I

Tenure or
the Board.

Secretary to

the Board.

(v) a representative of the Minister
responsible for Culture;

(vi) a representative of the Department
of Archives;

(vii) three other persons who have
special qualifications in, and
practical experience of, matters
relating to one or more of the
disciplines of information
technology, science and technology,
fmancial management, human
resource management or any other
area which the Chairman considers
will advance the interests of the
Authority.

( 4) Notwithstanding subsection ( 1 ), the
Board shall have powers to eo-opt not more than two
other persons to serve as members.

2. A member of the Board other than an ex
officio member shall, subject to the provisions of this
Schedule, hold office for a period not exceeding three
years, and shall be eligible for reappointment.

3. The Director of the Authority shall be the
Secretary to the Board.

4. (1) Any member of the Board, other than the
Chairman, may at any time resign his office by
instrument in writing addressed to the Minister and
transmitted through the Chairman, and from the date of
receipt by the Minister of such instrument such member
shall cease to be a member of the Board.

(2) The Chairman may at any time resign his
office by instrument in writing addressed to the
Minister, and such resignation shall take effect as from
the date of receipt by the Minister of such instrument.

·- 24

, ·'

Revocation

of appoint-

ments.

Vacancie-s

and actin&

appointments.

Cazettlng or

appointments.

5. The Minister may at any time revoke the
appointment of a member of the Board if the Minister
thinks it expedient so to do.

6. (l) If any vacancy occurs in the membership
of the Board such vacancy shall be filled by the
appointment of another member, who shall, subject to
the provisions of this Schedule, hold office for the
remainder of the period for which the previous member
was appointed.

(2) If the Minister is satisfied that the
Chairman or any member of the Board is unable to act,
the Minister may appoint any fit and proper person to
act in place of that member.

(3) A member of the Board shall be deemed
to have vacated his seat on the Board -

7.

(a) if he becomes bankrupt, or is convicted
of a criminal offence;

(b) if the Board passes a resolution declaring
that he has become incapable by reason
of mental or bodily infirmity of
discharging his duties;

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

(d) if he is an ex officio member of the Board
and he ceases to hold the office by reason
of the holding of which he was an ex
officio member of the Board.

The names of all members of the Board
as first constituted and every subsequent change in the
membership of the Board shall be published in the
Gazette.

25

Proceedings

and meetings

of the board.

Protection

or members.

8. (I) The Board shall meet at such times as
may be necessary or expedient for the transaction of its
business, and no fewer than four meetings shall be held
for the year. Such meetings shall be held at least once
every three months on such days as the Board may
detennine.

(2) The Chairman may at anytime call a
special meeting of the Board and shall call a special
meeting within seven days of the receipt of a written
requisition for that purpose addressed to him by any
two members of the Board.

(3) The Chairman shall preside at all
meetings of the Board at which he is present and, in the
case of the Chairman's absence from any meeting, the
members present and constituting a quorum shall elect
a Chairman from among their number to preside at that
meeting.

( 4) A quorum of the Board shall be the
minimum number constituting a majority of the total
number of the Board.

(5) The decisions of the Board shall be by a
majority of votes and, in addition to an original vote,
the Chairman or other person presiding at a meeting
shall have a casting vote in any case in which the
voting is equal.

(6) Minutes in proper form of each meeting
of the Board shall be kept.

(7) Subject to the provisions of this Schedule
the Board may regulate its own proceedings.

9. (I) No member of the Board shall be
personally liable for any act or default of the Board
done or omitted to be done in good faith in the course
of the operation of the Board.

(2) Where any member of the Board is
exempt from liability by reason of the provisions of this
section the Board shall be liable to the extent that it
would be if the member was a servant or agent of the
Board.

26

. ~

Composition

and meetings

of local

library

committees.

Firs! Schedule.

Duties ofn

local

library

committee.

(3) There shall be paid to the Chairman and
other members of the Board such remuneration, if any,
whether by way of honorarium, salary, fees and
allowances, as the Minister may determine.

SECOND SCHEDULE (Section 10 (5))

1. (1) Each local library committee as
constituted under section 10 of this Act, shall consist of
five members.

(2) Each committee shall meet at least once
per quarter, on such days as the committee may
detennine, for carrying out its functions as delegated by
the Board.

(3) A quorum of a local library committee
shall be the minimum number constituting a majority of
the total numbers on the committee.

(4) Subject to subsection (2) and paragraph
(i) of section 2, each local library committee shall
follow guidelines as laid down in section 8 of the First
Schedule.

2. The powers and duties of a local library
committee are to -

(a) open and maintain a bank account in the
name of the local library committee to
receive such gifts, grants or other monies
as may be approved by the Minister;

(b) receive financial contributions and
resources from the central government;

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

(d) maintain, manage and operate the branch
library in accordance with the powers
delegated to it by the Board and subject
to the prescribed regulations;

27

Tenure or

local library

committee.

Chairman.

Vacancies

and nctlng

appointments.

' '

(e) appoint on probation for a maximum
period of three months, subject to
confirmation by the Board, all permanent
support staff;

(f) appoint, discipline or dismiss all
temporary or contract support staff;

(g) prepare and submit to the Board on or
before the 31st day of March a report of
its activities during the twelve months
ending on the 31 se day of December in
the preceding year, including a statement
of its accounts;

(h) encourage, recognize and approve the
establishment of "Friends of the Library"
associations; and

(i) make rules for the conduct of meetings of
the committee.

3. A member of the local library committee
shall, subject to the provisions of this Schedule, hold
office for a period not exceeding three years, and shall
be eligible for reappointment.

4. (1) Each local library committee, duly
constituted, shall appoint one of the members of the
committee to be the chairman.

(2) Each local library committee shall
appoint a member of the committee to act as chairman
at any time when the office of chairman is vacant, or
the chairman is incapable of acting, or has been granted
leave.

5. (I) If any vacancy occurs in the membership
of the committee, such vacancy shall be filled by the
appointment of another member, who shall, subject to
the provisions of the schedule, hold office for the
remainder of the period for which the previous member
was appointed, so, however, that such appointment
shall be made in the same manner and from the same
category of persons, if any, as the appointment of the
previous member.

28

I }

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

(a) he dies or becomes bankrupt;

(b) the committee passes a resolution
declaring that he has become incapable
by reason of mental or bodily infirmity or
discharging his duties;

(c) the committee passes a resolution
declaring that he has been absent from
not less than four of six consecutive
meetings of the committee without leave
of the committee first had and obtained;

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

(e) he ceases to be resident in the local area
served by the branch library administered
by the committee.

29