National Art Gallery of The Bahamas Act


Published: 2003-07-16

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National Art Gallery of The Bahamas Act
NATIONAL ART GALLERY [CH. 51A – 1



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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

LAW REFORM AND REVISION


CHAPTER 51A

NATIONAL ART GALLERY

LIST OF AUTHORISED PAGES

1 – 13 LRO 1/2006



ARRANGEMENT OF SECTIONS



SECTION

1. Short title.
2. Interpretation.
3. The National Art Gallery.
4. Seal of the Gallery.
5. Keeping of collections.
6. Power of Gallery to acquire, borrow and dispose of works of art.
7. Functions of Gallery.
8. General powers of National Art Gallery.
9. Power of Gallery to lend works of art.
10. Establishment of the Board.
11. Relations between Minister and Board.
12. Pensions of persons transferred from the public service to the Gallery.
13. Financial provisions.
14. Exemption from the payment of customs duties, stamp duties and real

property tax.
15. Accounts and audit.
16. Transfer of assets to Gallery.
17. Construction of laws and contracts relating to transferred assets.
18. By-laws.
19. Transitional provisions.


SCHEDULE


1. Constitution of Board.
2. Tenure of office.
3. Resignation.
4. Removal.
5. Publication.
6. Remuneration.
7. Pensions, etc.
8. Meetings.
9. Board to regulate own proceedings.



NATIONAL ART GALLERY [CH. 51A – 3



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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

CHAPTER 51A

NATIONAL ART GALLERY

An Act to establish the national art gallery of The
Bahamas, to provide for the acquisition, preservation,
maintenance of collections, public education to foster
and encourage public interest and for matters ancillary
thereto.

[Assent 11th July, 2003]
[Commencement 16th July, 2003]


1. This Act may be cited as the National Art

Gallery of The Bahamas Act.
2. In this Act, unless the context otherwise requires —
“Board” means the National Art Gallery Board of

The Bahamas referred to in section 10;
“Chairman” means the person appointed, under

paragraph 1(2) of the Schedule, as Chairman of
the Board;

“collections” means any works of art vested in the
Gallery by virtue of section 16 and any works
of art acquired by the Gallery under the
provisions of this Act;

“Deputy Chairman” means the person appointed
under paragraph 1(2) of the Schedule as Deputy
Chairman of the Board;

“Gallery” means the National Art Gallery of The
Bahamas established under section 3(1);

“Minister” means the Minister responsible for the
National Art Gallery;

“Secretary” means the person appointed under
paragraph 1(2) of the Schedule as Secretary of
the Board;

“works of art” includes paintings, drawings,
engravings, prints, graphic art, photographic art,
sculpture, statues and objects of cultural value.

3. (1) There shall be established a Gallery to be
known as the “National Art Gallery”.

21 of 2003.


Short title.

Interpretation.

Schedule.

Schedule.

Schedule.

The National Art
Gallery.

CH. 51A – 4] NATIONAL ART GALLERY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(2) The Gallery shall be a body corporate with
perpetual succession and a common seal and with power to
acquire, hold and dispose of land and other property of
whatever kind, to enter into contracts, to sue and be sued in
its said name and to do all things necessary for the
purposes of this Act.

4. (1) The common seal of the Gallery shall be
kept in the custody of the Chairman or the Secretary and
shall be affixed to instruments requiring the seal in the
presence of the Chairman or a member of the Board
designated by the Chairman and one other member.

(2) The common seal of the Gallery shall be
authenticated by the signature of the Chairman and one
other member, 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 Gallery
may be signified under the hand of the Chairman of the
Board or any other member of the Board designated by the
Chairman.

5. (1) The Gallery may take steps to acquire
premises in any part of The Bahamas for the purpose of
maintaining its collections in those premises and holding
exhibitions of its collections in those premises, or so much
of those collections as from time to time it thinks fit, and,
so long as those premises are held by the Gallery, the
premises shall collectively be known as the National Art
Gallery of The Bahamas.

(2) Subject to the provisions of this Act, it shall be
the duty of the Gallery, as soon as practicable after it has
acquired such premises as aforesaid, to keep the works of
art comprised in its collections in one of those premises.

(3) Nothing in the foregoing provisions of this
section is to be taken as precluding the Gallery from
exhibiting any of the works of art comprised in its
collections at any place, wherever situate, other than such
premises as are mentioned in subsection (2), or from
removing any of those works of art for any purpose, other
than exhibition, or conservation connected with the
administration of any such premises as are so mentioned or
the care of its collections.

(4) Where it appears to the Gallery that any works
of art comprised in its collections cannot conveniently be

Seal of the
Gallery.

Keeping of
collections.

NATIONAL ART GALLERY [CH. 51A – 5



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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

kept within any such premises as are mentioned in
subsection (2), the Gallery may store those works of art at
such other premises, wherever situate, as appear to the
Gallery to be suitable.

6. (1) Subject to the provisions of this Act, the
Gallery shall have power to acquire any works of art which
in its opinion it is desirable to add to its collections, or to
borrow any works of art for the purpose of exhibiting such,
whether those works of art are located within or outside
The Bahamas.

(2) Subject as aforesaid, the Gallery may sell,
exchange, give away or otherwise dispose of any work of
art vested in it and comprised in its collections if the work
of art is a duplicate of another such work of art or is for
any other reason not, in its opinion, required for retention
in those collections.

(3) Where a work of art has become vested in the
Gallery subject to any trust or condition, the powers
conferred by subsection (2) shall not be exercisable as
respects that work of art in a manner inconsistent with that
trust or condition.

7. The functions of the Gallery shall be —
(a) to secure the due administration and

preservation of the collections of the Gallery;
(b) to acquire and maintain outstanding examples of

Bahamian works of art, and to maintain and
exhibit such through the Gallery and other
buildings serving the purpose of art;

(c) to educate the public on various types of works
of art;

(d) to ensure the efficient operation of the Gallery;
(e) to cooperate and assist in collating a collection

of high quality works of art;
(f) to establish a policy on the categories of works

of art to be preserved in the Gallery;
(g) to care for, preserve and add to the works of art

in the collections of the Gallery;
(h) to maintain a record relating to the collections of

the Gallery;
(i) to interact with national and international

organizations concerned with setting high
standards in the operation of a national art
Gallery;

Power of Gallery
to acquire,
borrow and
dispose of works
of art.

Functions of
Gallery.

CH. 51A – 6] NATIONAL ART GALLERY





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(j) to foster and encourage public interest in works
of art through exhibitions, educational
programmes, and liaison with all sections of the
art community; and

(k) to do all such things as are incidental to the
aforesaid functions or as the Gallery may think
conducive to the attainment of those functions or
to the management of the affairs of the Gallery.

8. The Gallery shall have power —
(a) to open bank accounts in its name, and to

prepare budgets;
(b) to raise funds and invite and receive

contributions and gifts from any person by way
of donation or otherwise for the enrichment and
development of culture in The Bahamas;

(c) to launch appeals to the public for financial or
other support for the Gallery; and

(d) to operate or lease out a Gallery shop promoting
works of art, books or other cultural artifacts.

9. (1) Any work of art vested in the Gallery may be
lent by it, subject to the provisions of this section, on such
terms and conditions as the Gallery thinks fit, to any
institution whether in The Bahamas or elsewhere.

(2) In exercising the power conferred by subsection
(1) in the case of any work of art, the Gallery shall have
regard to the interests of students and other persons visiting
the collections vested in the Gallery, to the physical
condition and degree of rarity of the work of art, and to any
risks to which the work of art is likely to be exposed.

10. (1) There shall be established a board to be
known as the “National Art Gallery Board”.

(2) The management, control and administration of
the National Art Gallery shall be vested in the Board.

(3) Without prejudice to the generality of subsection
(2) the Board shall have power —

(a) to control and superintend the property and
policies of the National Art Gallery;

(b) to appoint on such terms and conditions as it
thinks fit a Director who shall be the managing
director of the Gallery and responsible for the
day to day administration of the Gallery;

General powers
of National Art
Gallery.

Power of Gallery
to lend works of
art.

Establishment of
the Board.

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(c) to appoint on such terms and conditions as it
thinks fit a curator who shall be responsible for
preserving and exhibiting the collections of the
Gallery;

(d) to appoint such other professional, technical,
administrative and other staff as appear to the
Board to be necessary, on such terms and
conditions (including salaries, allowances and
other remuneration and disciplinary control as
the Board may determine); and

(e) to receive on behalf of the National Art Gallery
gifts, grants or other moneys.

(4) The Schedule shall have effect without respect
to the constitution, proceedings and staff of the Board and
otherwise in relation thereto.

11. The Board shall be responsible for the general
direction and control of the Gallery but, in the exercise of
the functions of the Board, the Board shall —

(a) give effect to any direction which the Minister
may, after consultation with the Board, give to
the Board under his hand in relation to any
matter that appears to him to affect the public
interest, on the policy to be followed by the
Board or any action to be taken on the discharge
of its functions; and

(b) afford to the Minister facilities for obtaining
information with respect to the property and
activity of the Gallery, furnish the Minister with
accounts and other information with respect
thereto and afford him facilities for the
verification of any information furnished, in
such manner and at such times as the Minister
may require.

12. (1) Where any public officer holding a
pensionable office under the Government ceases to be the
holder of such office by reason of his transfer with his
consent to the service of the Gallery and such person
subsequently retires from the service of the Gallery in such
circumstances that, had he remained a public officer, he
would have been eligible for pension under the provisions
of the Pensions Act, then in any such case the provisions of
subsections (2) and (3) shall have effect.

(2) Any pension payable to any such person as is
mentioned in subsection (1) by the Gallery to whose

Relations
between Minister
and Board.

Pensions of
persons
transferred from
the public service
to the Gallery.




Ch. 43.

CH. 51A – 8] NATIONAL ART GALLERY





STATUTE LAW OF THE BAHAMAS LRO 1/2006

service he has been transferred shall be calculated and
granted to him in respect of his total service under the
Government and with the Gallery taken together and such
service shall be reckoned as continuous for pension
purposes.

(3) There shall be payable out of the Consolidated
Fund upon the warrant of the Minister of Finance to the
Gallery as contribution to every pension paid in accordance
with subsection (2), such amounts as would have been
payable to the person concerned by way of pension under
the Pensions Act, if any such person had retired from the
public service and if he had been granted a pension under
the Pensions Act upon the date of his ceasing to be a public
officer.

13. The funds and resources of the Gallery shall
consist of —

(a) such moneys as may be provided by Parliament;
(b) such moneys as may from time to time accrue to

the Board from the operation of the Gallery; and
(c) such other moneys and property as may in any

manner be lawfully paid to or vested in the
Gallery whether or not in respect of any matter
incidental to its functions.

14. (1) The Gallery shall be exempt from the
payment of any duty of customs under the Tariff Act in
respect of —

(a) works of art acquired by the Gallery under the
provisions of this Act and being imported into
The Bahamas for the purpose of being kept in
the Gallery;

(b) works of art vested in the Gallery and being re-
imported into The Bahamas after having been
exported temporarily from The Bahamas for
exhibition outside The Bahamas; and

(c) works of art borrowed by the Gallery and
imported temporarily into The Bahamas for
exhibition in The Bahamas.

(2) The Gallery shall be exempt from the payment
of any duty under the Stamp Act in respect of —
(a) import entries of works of art acquired by the

Board under the provisions of this Act and being
imported into The Bahamas for the purpose of
being kept in the Gallery;

Ch. 43.


Ch. 43.

Financial
provisions.

Exemption from
the payment of
customs duties,
stamp duties and
real property tax.

Ch.295.

Ch.370.

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(b) export entries of works of art vested in the
Board and being exported temporarily from The
Bahamas for exhibition outside The Bahamas
and the import entries relating to their re-
importation; and

(c) import entries of works of art borrowed by the
Board and imported temporarily into The
Bahamas for exhibition in The Bahamas and the
export entries relating to their re-exportation.

(3) The Gallery shall be exempt from the payment
of any taxes under the Real Property Tax Act.

15. (1) The Gallery shall keep proper accounts and
other records in relation thereto, and shall prepare in
respect of each financial year a statement of accounts.

(2) The accounts of the Gallery for each financial
year shall in the year following be audited by a public
accountant licensed under the Public Accountants Act, to
be appointed by the Minister.

(3) Not less than three months after the end of each
financial year the Board 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 a copy of such audited
accounts before each House of Parliament, together with a
copy of any report made by the auditor on the accounts.

16. (1) The movable and immovable property and
undertakings owned by the Government and used by it for
the operation of the Gallery immediately before the date of
commencement of this Act shall by virtue of this Act be
transferred to and vested in the Gallery for the same
purpose as they were held by the Government immediately
before the said date.

(2) The transfer and vesting aforesaid shall extend
to the whole of such movable and immovable property and
undertakings and shall include works of art, assets, powers,
rights, and privileges and all things necessary or ancillary
thereto which are held or enjoyed in connection therewith
or appertaining thereto, as well as all obligations affecting
or relating to any of the aforesaid movable and immovable
property or undertakings or their things included therein as
aforesaid.


Ch. 375.

Accounts and
audit.

Ch. 364.

Transfer of assets
to Gallery.

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17. Subject to the provisions of this Act, all laws,
rules, regulations, orders, judgments, decrees, awards,
deeds, bonds, contracts, agreements, instruments,
documents, warrants and other arrangements subsisting
immediately before the date of commencement of this Act
affecting or relating to any of the movable or immovable
properties or undertakings transferred to the Gallery by or
under this Act shall have full force and effect against or in
favour of the Gallery and shall be enforceable fully and
effectually, as if instead of the Government the Gallery had
been named therein or had been a party thereto, and
otherwise in substitution of the Government.

18. (1) The Minister after consultation with the
Board may make by-laws providing for —

(a) the management of its affairs;
(b) the appointment and duties of the officers and

employees of the Board;
(c) the custody of the property of the Gallery;
(d) the making of appeals to the public for financial

or other support for the Gallery; and
(e) generally, for the better carrying into effect of

the purposes of this Act and the furtherance of
the functions of the Gallery.

(2) Sections 30 and 31 of the Interpretation and
General Clauses Act shall not apply to by-laws made under
this section nor shall the by-laws require publication in the
Gazette but a copy of them shall be forwarded to the
Minister.

19. (1) Where anything has been commenced by or
under the authority of the Government prior to the date of
commencement of this Act and such thing relates to any of
the movable or immovable properties or undertakings or
any right or liability transferred to the Gallery by or under
this Act, such thing may be carried on and completed by or
as authorized, by the Board.

(2) Where immediately before the date of
commencement of this Act, any legal proceedings are
pending to which the Government is or is entitled to be a
party, and such proceedings are related to any of the
movable or immovable properties or undertakings, or any
right or liability transferred by or under this Act, the Board
shall, as from that date, be substituted in such proceedings
for the Government or shall be made a party thereto in such
proceedings for the Government or shall be made a party

Construction of
laws and
contracts relating
to transferred
assets.

By-laws.

Ch. 2.

Transitional
provisions.

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thereto in like manner as the Government could have
become, and such proceedings shall not abate by reason of
the substitution.

SCHEDULE (sections 2 and 10(4))

1. (1) The Board shall consist of twelve members of whom —
(a) one shall be the Director of the National Museum ex

officio;
(b) one shall be the Director of the National Art Gallery

ex officio;
(c) one shall be the Director of Archives;
(d) one shall be the President or his representative of the

College of The Bahamas;
(e) one shall be the Director-General of Tourism;
(f) one shall be the Director of Culture;
(g) one shall be a member of The Bahamas Historical

Society appointed by the Minister; and
(h) five shall be appointed by the Minister after

consultation with the Director and such economic or
social bodies or associations from which the Minister
considers that such members shall be selected:

Provided that the first Board consisting of seventeen
members and constituted before the date of commencement of
this Act shall continue as members for a period of one year
commencing from the date of the coming into force of this Act
and such members shall be eligible for re-appointment.

(2) The Minister shall appoint three members to be
respectively Chairman, Deputy Chairman and Secretary of the
Board.

2. Subject to paragraph 1(1), a member of the Board shall
hold office for such period, not exceeding three years, as the
Minister may direct in the instrument appointing such member,
but such member shall be eligible for re-appointment.

3. Any member of the Board may at any time resign his
office by instrument in writing addressed to the Minister and
from the date of receipt by the Minister of such instrument, such
member shall cease to be a member of the Board.

4. (1) The Minister, by instrument in writing, may at any
time revoke the appointment of a member of the Board,
appointed under paragraph 1(1), if he thinks it expedient so to
do.

Constitution of
Board.

Tenure of office.

Resignation.

Removal.

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(2) The Minister, by instrument in writing, may at any
time revoke the appointment of the Chairman, the Deputy
Chairman, the Secretary or any member of the Board, appointed
under paragraph 2, if he thinks it expedient so to do.

5. The appointment, removal, death or resignation of any
member of the Board shall be notified in the Gazette.

6. There shall be paid from the funds of the Gallery to the
officers, servants or agents of the Board such remuneration, if
any, whether by way of honorarium, salary or fees and such
allowances, if any, as the Minister may determine on the advice
of the Board.

7. (1) Except as provided in any contract of employment
with the Gallery, the Minister may grant to any employee of the
Gallery, in respect of his service with the Gallery pensions,
gratuities or other allowances at the rate prescribed by and in
accordance with the provision of the Pensions Act as if reference
in that Act to the Governor-General, the public service and a
public office were reference to the Gallery acting with the
approval of the Minister, service with the Gallery and such
employee respectively.

(2) For the purposes of subparagraph (1) reference to the
service of an employee of the gallery includes any continuous
period of service of that employee with an approved authority
immediately prior to his service with the Gallery.

(3) In this paragraph the expression “approved
authority” has the meaning assigned to it in the Pensions Act.

(4) The pensions, gratuities or other like allowances
which are payable under subparagraph (1) shall be charged on
and paid out of the Consolidated Fund.

8. (1) The Board shall meet not less than three times in
each year, at such times as may be necessary or expedient for the
transaction of business, and such meetings shall be held at such
places and times and on such days as the Chairman may
determine.

(2) The Chairman, or in his absence the Deputy
Chairman, shall preside at all meetings of the Board.

(3) Subject to subparagraph (4), the Chairman, or in his
absence the Deputy Chairman, and four other members of the
Board shall form a quorum.

(4) In relation to any meeting of the first Board
constituted after the date of commencement of this Act, nine
members of the first Board shall form a quorum.

Publication.

Remuneration.

Pensions, etc.


Ch. 43.

Meetings.

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

(6) Minutes of each meeting in proper form are to be
kept by the Secretary or any officer the Board may appoint for
that purpose, and confirmed by the Board at the next meeting
and signed by the Chairman or a member of the Board
designated by the Chairman as the case may be.

(7) The Board may co-opt any one or more persons to
attend any particular meeting of the Board for the purpose of
assisting or advising the Board in any matter with which the
Board is dealing, but no co-opted person has the right to vote.

(8) Provided a quorum is present, the validity of any
proceeding of the Board shall not be affected by any vacancy
amongst the members thereof or by any defect in the
appointment of a member thereof.

9. Subject to the provisions of this Act, the Board has the
power to regulate its own proceedings.



Board to regulate
own proceedings.

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