National Library and Information System
NATIONAL LIBRARY AND INFORMATION
SYSTEM ACT
CHAPTER 40:01
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–22 ..
Act
18 of 1998
Amended by
11 of 2007
LAWS OF TRINIDAD AND TOBAGO
L.R.O.UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 40:01
NATIONAL LIBRARY AND INFORMATION
SYSTEM ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
ESTABLISHMENT OF THE NATIONAL LIBRARY AND
INFORMATION SYSTEM—NALIS
3. Establishment of NALIS and appointment of the Board.
4. Functions of NALIS.
5. Powers of NALIS.
6. NALIS to enter management arrangements.
7. Seal of NALIS.
8. Collection, acquisition and maintenance of material and information.
9. Establishment and functions of Board.
10. Directions by Minister.
11. Committees.
PART III
EXECUTIVE DIRECTOR, STAFF AND
RELATED MATTERS
12. Executive Director.
13. Duties of Executive Director.
14. Resignation of Executive Director.
15. Publication.
16. Disclosure of interests.
17. Deputy Executive Director.
18. Power of NALIS to appoint and deal with staff.
19. Employment by NALIS of non-public officers in libraries at
commencement of Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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ARRANGEMENT OF SECTIONS—Continued
SECTION
20. Employment of public officers employed in libraries at
commencement of Act.
21. Transfer or secondment of public officers to and from NALIS
otherwise than under section 20.
22. Pension Scheme.
PART IV
FINANCE
23. National Library and Information System Fund.
24. Application of Fund.
25. Power to borrow.
26. Power to invest.
27. Exemption from taxation and duty.
28. Exemption from Central Tenders Board Act.
29. Rules for accounting and audit.
30. Annual Report.
PART V
MISCELLANEOUS
31. Existing collective agreements.
32. Protection against certain actions.
33. Delegation.
34. Regulations.
35. Vesting of property.
36. Transitional and savings.
37. Repeal of library Acts.
SCHEDULE.
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LAWS OF TRINIDAD AND TOBAGO
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18 of 1998.
Commencement.
Short title.
Interpretation.
CHAPTER 40:01
NATIONAL LIBRARY AND INFORMATION SYSTEM ACT
An Act to establish the National Library and Information
System, to provide for the development and co-
ordination of all library and information services in
Trinidad and Tobago and related matters.
[10TH SEPTEMBER 1998]
PART I
PRELIMINARY
1. This Act may be cited as the National Library and
Information System Act.
2. In this Act—
“approved bank” means a bank approved by the Minister of
Finance;
“Board” means the Board of NALIS established by section 9;
“Caribbean region” means all States, countries and territories
washed by the Caribbean Sea;
“collection” means the collection of material and information
provided for by section 8;
“data” means an interpreted statement of fact;
“employee” means a member of the staff of NALIS;
“Executive Director” means a person appointed in accordance
with section 12;
“information” means data that is organised, recorded, classified,
related or interpreted within a context, to convey a meaning
or a use;
“information service” means the obtaining of, or gaining of
access to, as well as assessing, listing, processing, and
disseminating of information;
“library material” means material in the collection;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ch. 82:80.
Establishment
of NALIS and
appointment of
the Board.
Functions of
NALIS.
“material” means any book, periodical, newspaper, pamphlet,
picture, print, photograph, map, chart, plan or manuscript,
computer software, audio-visual production, sound
recording, or any other article forming part of the contents
of a library which may be published or unpublished as
defined in section 3(1) of the Copyright Act;
“Minister” means the Minister to whom the responsibility for
libraries is assigned;
“NALIS” means the corporate body established by section 3.
PART II
ESTABLISHMENT OF THE NATIONAL LIBRARY
AND INFORMATION SYSTEM—NALIS
3. There is established by this section a body corporate by
the name of the National Library and Information System
Authority hereafter referred to as NALIS.
4. The functions of NALIS are to—
(a) provide a national library and information
service, easily accessible to members of the
public, in order to facilitate cultural, economic,
educational, political and social development of
the people of Trinidad and Tobago;
(b) maintain, develop and make easily accessible to
members of the public, a comprehensive
collection of material and information, with
particular emphasis on that produced within and
about Trinidad and Tobago and the Caribbean
region;
(c) advise the Minister on all matters pertaining to a
national library and information service;
(d) act as the central co-ordinating agency for
library and information services generally by—
(i) facilitating library and information
services to schools, government ministries
and agencies; and
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Ch. 82:74.
(ii) providing the link for co-operation
between public sector libraries, libraries
of tertiary institutions, the private sector
and the National Archives;
(e) 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;
(f) provide, and arrange for the provision of
educational, advisory and informational
services relating to the establishment and
conduct of a library;
(g) assume responsibility as a designated legal
depository for the purposes of the Publications
(Legal Deposit) Act;
(h) create the national bibliographic records;
(i) provide a national referral service for
information, library material and material in
other libraries, public and private;
(j) act as a national depository and resource for
material published by the Government;
(k) provide the focus for an international document
supply service;
(l) promote literacy skills and awareness in the use
of library material and information services
within the community, and in particular;
(m) provide a national information service for the
benefit of the physically disadvantaged and
persons in institutions;
(n) provide a central co-ordinating point for
research in library and information science;
(o) manage the national human resources of library
and information science personnel in Public
Service bodies;
(p) preserve, promote and exploit our national
heritage information.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Powers of
NALIS.
5. (1) Subject to this Act, NALIS has 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 NALIS include the power to—
(a) enter into appropriate administrative
arrangements with persons in the public and
private sectors for the provision and accessing
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 NALIS;
(e) accept gifts, devises, bequests or assignments of
property, real or personal, made to NALIS, whether
on trust or otherwise and whether unconditionally
or subject to condition and if a gift, devise, bequest
or assignment is accepted by NALIS on trust,
subject to a condition, to act as trustee or to comply
with the condition as the case may be;
(f) purchase or take on hire such furnishings,
equipment, vehicles, goods and other property
needed for the purposes of NALIS;
(g) purchase, or lease, land, buildings or structures
and to erect or modify buildings or structures for
the purposes of NALIS;
(h) dispose of, or grant, leases of land or buildings
vested in NALIS;
(i) enter into, or co-ordinate, 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;
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NALIS to enter
management
arrangements.
Seal of NALIS.
Collection,
acquisition and
maintenance of
material and
information.
(j) make suitable investments in appropriate
technology for the efficient promotion, use and
management of material and information;
(k) raise money for its purposes with the approval
of the Minister, and by appropriate means.
6. (1) NALIS may enter into arrangements with a
Permanent Secretary or other Head of Department, or Head of a
Statutory Authority or the appropriate Officer of the Tobago
House of Assembly, to formulate Memoranda of Understanding
for the management of the library for which that Permanent
Secretary or Head of Department or Head of a Statutory Authority
or the appropriate Officer of the Tobago House of Assembly is the
accounting officer.
(2) NALIS may enter into arrangements with other
organisations for the provision of consultancy and other
management services.
(3) NALIS may make reciprocal arrangements with the
management of the National Archives, governing such matters as
the exchange, deposit and accessing of records and library material.
7. (1) NALIS shall have an official seal that shall be kept
in the custody of the Executive Director.
(2) The seal shall be used with the permission of the
Board and every instrument to which the seal is affixed shall be
signed by the Chairman and the Executive Director.
8. (1) The collection shall comprise all material and
information vested in NALIS at the commencement of this Act,
and of such other material and information over which NALIS
acquires custody or control in accordance with this Act.
(2) The Board shall formulate guidelines and
procedures for—
(a) the acquisition of material and information; and
(b) the acquisition of information required for the
information service.
UNOFFICIAL VERSION
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Establishment
and functions of
Board.
Schedule.
Directions by
Minister.
Committees.
Executive
Director.
(3) The management, use and disposal of that material
and information in subsection (1) shall be subject to approval by
the Board.
9. (1) There is established by this section a Board by the
name of the “Board of NALIS”.
(2) The Board shall be constituted in accordance with
the Schedule and shall conduct its business in accordance with
the procedure specified in the Schedule.
(3) The principal duty of the Board is to ensure the
proper and efficient performance of the functions of NALIS.
10. The Board shall perform its functions and exercise its
powers in accordance with such directions as may be given to it
in writing, by the Minister.
11. (1) The Board may establish such committees as it
thinks necessary for the purposes of the Act.
(2) A committee referred to in subsection (1), may be
constituted wholly of members of the Board or partly of members
of the Board and partly of other persons.
PART III
EXECUTIVE DIRECTOR, STAFF AND
RELATED MATTERS
12. (1) There shall be an Executive Director of NALIS who
shall be appointed by the President on such salary and other terms
and conditions as may be prescribed.
(2) The Executive 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 Executive Director shall hold office for such
period, not exceeding five years, as is specified in the instrument
of appointment, and shall be eligible for reappointment.
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Duties of
Executive
Director.
Resignation of
Executive
Director.
Publication.
Disclosure of
interests.
Deputy
Executive
Director.
13. (1) The Executive Director shall manage the affairs of
NALIS subject to the directions of and in accordance with
policies determined by the Board.
(2) The Executive Director shall not be held personally
liable for acts and things done in the name, or, on behalf of, NALIS.
14. The Executive Director may resign the office by giving
three months notice in writing to the President through the
Chairman of the Board.
15. The appointment of the Executive Director and the
termination of the appointment whether by death, resignation,
dismissal or otherwise shall be published in the Trinidad and
Tobago Gazette.
16. The Executive Director shall give a written notice to the
Board of all direct or indirect pecuniary interests that the
Executive Director has or acquires in any business or in any body
corporate carrying on any business with NALIS.
17. (1) There shall be a Deputy Executive Director of
NALIS who shall be appointed by the President on such salary
and other terms and conditions as may be prescribed.
(2) The Deputy Executive 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 Deputy Executive Director shall act as Executive
Director—
(a) during a vacancy in the office of Executive
Director;
(b) during any period, when the Executive Director
is absent from duty or from Trinidad and Tobago
or is, for any other reason, unable to perform the
duties of the office of Executive Director.
UNOFFICIAL VERSION
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Power of
NALIS to
appoint and deal
with staff.
Employment by
NALIS of non-
public officers
in libraries at
commencement
of Act.
Ch. 23:53.
Employment of
public officers
employed in
libraries at
commencement
of Act.
[11 of 2007].
(4) While the Deputy Executive Director is acting in
accordance with this section, he has and may exercise all the
powers, shall perform all the functions of and shall receive the
same remuneration as the Executive Director.
18. (1) Subject to this Part, NALIS may—
(a) appoint such employees as it considers
necessary for the performance of its functions;
(b) fix qualifications and terms and conditions of
service for employees, save that salaries in
excess of ninety-six thousand dollars per annum,
shall be subject to the Minister’s approval; or
(c) engage persons having suitable qualifications
and experience as consultants on such terms and
conditions as are approved by the Minister.
(2) The Minister may, by Order, alter the limit specified
in subsection (1)(b).
19. (1) Upon the coming into effect of this Act, a person
employed in a library established under the laws referred to in
section 37(b) and (c) immediately prior to the coming into effect
of this Act, shall be an employee of NALIS on such terms and
conditions as were applicable to him immediately prior to the
coming into effect of this Act.
(2) Any pension or other benefits of employment that may
have accrued to that person while employed in that library, shall be
preserved and shall continue to be calculated and to accrue under
the Pensions Extension Act, as though the person had continued his
employment with the library to which subsection (1) refers.
20. (1) An officer in the public service, hereafter called an
officer who, immediately prior to the coming into effect of this
Act, was employed in a library, in a Ministry or Department or
the Central Library of Trinidad and Tobago established by the Act
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Ch. 23:52.
Ch. 23:53.
referred to in section 37(a) shall by 31st December, 2007,
exercise the option—
(a) with the approval of the appropriate Service
Commission, to be appointed on transfer to
NALIS, upon such terms and conditions as are
acceptable to him, NALIS and the Commission;
(b) with the approval of the appropriate Ministry and
Service Commission to be seconded to NALIS;
(c) to take up employment in the Public Service in
an office at remuneration commensurate with
that of the office held immediately prior to the
commencement of this Act.
(2) Where no office is available, an officer shall
become eligible for the terms provided at section 15(4) of the
Pensions Act.
(3) Where an officer opts to be appointed on transfer to
the service of NALIS under this section, all his pension and
superannuation benefits are preserved to him, and shall continue
to be calculated and to accrue under the Pensions Extension Act,
as though the officer had continued his employment with the
library to which subsection (1) refers.
(4) An officer who opts for secondment under
subsection (1)(b) shall, in relation to terms and conditions be
treated no less favourably than if he were not so seconded.
(5) A period of secondment shall not exceed three years.
(6) An officer shall, immediately at the end of the period
of secondment, exercise one of the following options:
(a) to transfer to NALIS on terms and conditions of
service no less favourable than he was receiving
while in the public service, immediately before
his transfer;
(b) to return to the public service in an office at
remuneration commensurate with that of the
office held by him in the public service,
immediately prior to his secondment to NALIS;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ch. 23:52.
Transfer or
secondment of
public officers
to and from
NALIS
otherwise than
under
section 20.
[11 of 2007].
Pension
Scheme.
(c) where no such office is available, to become
eligible for the terms provided at section 15(4)
of the Pensions Act.
(7) Where an officer fails to exercise any of the options
under subsection (1) or subsection (6)(a) or (b), the officer shall
become eligible for the terms provided at section 15(4) of the
Pensions Act.
21. (1) An officer in the public service, other than an officer
to whom section 20 applies, or an officer of another public
authority or organisation or an employee of NALIS, may, with
the consent of NALIS and with the approval of the appropriate
Ministry, Commission or other related authority agree to be—
(a) transferred; or
(b) seconded,
to or from NALIS.
(2) A period of secondment shall not exceed three years in
the first instance and may be extended for further periods as agreed
between NALIS and the appropriate Ministry, Commission, or other
concerned authority or organisation, as the case may be and the officer.
22. (1) Subject to subsection (2), NALIS shall provide for
the establishment and maintenance of a pension scheme or
arrange for membership in a scheme for such of its employees as
are recruited by NALIS in accordance with section 18.
(2) Until such time as NALIS establishes a pension
scheme, NALIS shall make such arrangements as may be agreed
upon between it and the employee concerning pension entitlement.
(3) Where an officer dies or retires before a pension
scheme is established NALIS shall make such arrangements for
superannuation or death benefits as may be appropriate.
(4) Without prejudice to the generality of subsection (1),
NALIS may, under the pension scheme—
(a) establish contributory superannuation schemes
and establish and contribute to superannuation
funds for the benefit of the employees;
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(b) grant gratuities, pensions or superannuation
allowances to the widows, families or
dependents of its employees;
(c) enter into and carry into effect arrangements
with any insurance company or other association
or company for securing for any of its employees
or their widows, families or dependents, such
gratuities, pensions or allowances and benefits as
are authorised by this section.
PART IV
FINANCE
23. (1) There is established by this section a fund by the
name of the NALIS Fund.
(2) The assets of the NALIS Fund shall comprise—
(a) such sums as at the commencement of this Act
stand to the credit of a library established by an
Act referred to in section 37;
(b) such funds as are appropriated to NALIS by
Parliament;
(c) such amounts as are provided to NALIS or the
Government of Trinidad and Tobago by foreign
States, international organisations, multi-lateral
lending agencies, corporations, foundations or
private individuals, for the performance of the
functions of NALIS;
(d) sums arising from grants, covenants, donations
and other receipts from persons including
national and international bodies;
(e) such sums or fees as are received by, or owed to,
NALIS in respect of its operations or services
provided by it;
(f) such monies as may be borrowed from time to
time for the purpose of meeting any of its
obligations or discharging any of its functions;
(g) all other sums of money that may be paid to
NALIS in respect of the performance of its
functions or the exercise of its powers.
National
Library and
Information
System Fund.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Application
of Fund.
Power to
borrow.
Ch. 69:01.
Ch. 71:81.
Power to invest.
24. (1) The money in the Fund shall be applied in defraying
the following expenditure:
(a) acquisition of material or other property, real
and personal, in accordance with its functions;
(b) the remuneration and honoraria of members of
the Board or of members of any committee;
(c) the salaries, fees, remuneration and gratuities
(including payments for the maintenance of the
Pension Scheme authorised by this Act) of the
officers, employees and servants of NALIS;
(d) fees for consultants;
(e) the capital and operating expenses, including
maintenance and insurance, of the property of
NALIS;
(f) the making and maintenance of investments and
loans in the discharge of its functions;
(g) any other expenditure authorised by the Board
for the discharge of its functions.
(2) The balance of the revenue of NALIS in a financial
year shall be applied to the creation of reserve funds to finance
future expansion and the provision of services to NALIS.
25. (1) NALIS may, subject to the Exchequer and Audit Act—
(a) borrow money it requires for the efficient
discharge of its functions or for the meeting of
its obligations;
(b) pledge, mortgage or charge its assets as security
for any loan.
(2) NALIS is a Statutory Authority for the purposes of
the Guarantee of Loans (Statutory Authorities) Act.
26. Notwithstanding section 37 of the Exchequer and Audit
Act, funds of NALIS not immediately required for the meeting of
its obligations or the discharge of its functions may be invested
from time to time by NALIS in securities approved by the
Minister of Finance.
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Exemption from
taxation and
duty.
Ch. 75:06.
Exemption from
Central Tenders
Board Act.
Ch. 71:91.
Rules for
accounting and
audit.
Ch. 69:01.
Annual Report.
27. (1) NALIS is exempt from all taxes, duties, fees, charges,
assessments, levies and imposts on assets which it acquires for its
own use.
(2) Where—
(a) goods are imported by NALIS or on behalf of
NALIS; and
(b) the commercial supply of goods or services to
NALIS is in the opinion of the Board of Inland
Revenue required for the purposes of NALIS,
those goods and services shall not be subject to the Value Added
Tax Act.
28. (1) NALIS in pursuance of its functions shall not be
subject to the provisions of, nor the procedures presented under,
the Central Tenders Board Act.
(2) The Board of NALIS shall design rules and
procedures for purposes of tendering for goods and services and
these shall be subject to the approval of the Minister.
29. (1) The Board shall make rules for the proper control of
the system of accounting and the financial management of NALIS
including provision for an adequate system of internal auditing.
(2) Until such time as rules are made under subsection (1),
the Financial Regulations made under the Exchequer and Audit
Act shall apply.
(3) The accounts of NALIS shall be audited annually
by the Auditor General or by an auditor appointed by the
Auditor General.
30. (1) The Board shall, within three months of the end of
each year submit to the Minister an annual report dealing with the
activities of NALIS during the previous year, together with
financial statements and such other information relating to
operations and policies of NALIS as the Minister may require.
(2) The Minister shall cause a copy of the report submitted
under subsection (1) to be laid before Parliament, within twenty-
UNOFFICIAL VERSION
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Existing
collective
agreements.
Ch. 88:01.
Protection
against certain
actions.
Delegation.
Regulations.
eight days of its receipt by him, or if Parliament is not then sitting,
within twenty-eight days after the commencement of its next sitting.
PART V
MISCELLANEOUS
31. (1) Upon the coming into effect of this Act and subject to
any written law, a collective agreement or other agreement that
immediately prior to the commencement of this Act affected
employees of NALIS referred to in section 20(1) or established by
an Act referred to in section 37 shall continue to have effect in
relation to those employees as if it had been entered into by NALIS.
(2) Subject to Part III of the Industrial Relations Act, the
Union which represented employees of NALIS on the coming
into effect to this Act may continue to do so.
32. Where access to library material is given to a person by
NALIS, no action for defamation or breach of copyright lies
against NALIS or any employee concerned in the authorising or
giving of that access.
33. (1) The Board may on such terms and conditions as it
sees fit, delegate in writing any of its functions or powers under
this Act, other than the power of delegation, to—
(a) the Executive Director or Deputy Executive
Director of NALIS;
(b) a Permanent Secretary of a Ministry, Head of a
Department of Government, or the appropriate
Officer of the Tobago House of Assembly;
(c) the Chief Executive Officer of any State
institution or statutory body.
(2) For the purposes of this section “Chief Executive
Officer” means the person charged with the responsibility of
managing a State institution or statutory body.
34. (1) The Minister, on the advice of the Board, may make
Regulations, prescribing matters required or permitted by this Act
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National Library and Information System Chap. 40:01 19
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Vesting of
property.
Ch. 76:01.
Transitional and
savings.
to be prescribed, or necessary or convenient for carrying out or
giving effect to this Act, and in particular for or in relation to—
(a) regulating, restricting or prohibiting the entry of
persons; regulating the conduct of persons and
providing for the removal of persons from any
relevant place;
(b) fixing of fees and charges for entry to premises
and for the use of services and material;
(c) regulating the access and other matters for, or in
relation to the examination, transfer, disposal,
use or other dealings in respect of library material,
including the restricting or prohibiting of the
making, using, printing, publishing, exhibiting,
selling or offering for sale, replicas, photographs,
representation of copies of library material in the
ownership or possession of NALIS;
(d) establishing and maintaining registers,
catalogues and bibliographies, for or in relation
to the use of library material;
(e) prescribing penalties not exceeding a fine of
five thousand dollars for offences against
the regulations.
(2) In subsection (1)—
“relevant place” means an area of land or a building, structure or
vehicle, or part thereof, that is owned by, or is under the
control of, NALIS.
35. (1) All property, real or personal including material and
information, that was vested or deemed to have been vested in the
libraries established by the repealed Acts shall vest in NALIS.
(2) The Stamp Duty Act, or any charge imposed by a written
law with respect to the conveying of property, shall not apply to the
transfer and vesting of that type of property in NALIS under this Act.
36. All assets, rights, debts, liabilities, privileges, legal
obligations, actions or proceedings incurred or instituted by or
against a library established by a repealed Act or arrangement
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Repeal of
library Acts.
Ch. 40:01.
Ch. 40:02.
Ch. 40:03.
SCHEDULE
CONSTITUTION AND PROCEDURES OF
THE BOARD OF NALIS
1. (1) The Board shall consist of—
(a) eight members appointed by the President; and
(b) the Executive Director who is an ex officio member.
(2) The members appointed by the President shall be from amongst
persons who have special qualifications in, and practical experience of,
matters relating to one or more of the following disciplines:
(a) library services (to be nominated by the Library Association
of Trinidad and Tobago);
(b) information technology;
(c) education;
(d) law;
(e) science and technology;
(f) corporate business;
(g) financial management;
(h) human resource management;
(i) culture;
(j) public administration or any other area of endeavour which
the President considers will advance the interests of NALIS,
with no such area of discipline being represented by more than two persons.
2. (1) A member, other than the Executive Director, shall hold office
for a term not exceeding three years and is eligible for reappointment.
Section 9(2).
Membership
and appointment
of Board.
Tenure of
Office.
entered into by that library, shall continue as if the repealed 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, NALIS as if NALIS had been the library
established by that repealed Act.
37. The following Acts are the repealed Acts referred to in
sections 35 and 36:
(a) Central Library of Trinidad and Tobago Act;
(b) Public Library Act;
(c) Carnegie Free Library Act.
20 Chap. 40:01 National Library and Information System
LAWS OF TRINIDAD AND TOBAGO
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National Library and Information System Chap. 40:01 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Remuneration
of members of
Board.
Appointment of
Chairman and
Deputy
Chairman.
Leave of
absence.
Disclosure of
interest.
Meetings of
Board.
(2) The performance of the functions, or the exercise of the powers
of the Board shall not be affected by reason only of there being a vacancy in
the membership of the Board.
(3) The appointment of a person is not invalidated, and shall not be
called into question, by reason of a defect or irregularity in, or in connection
with, his appointment.
(4) A member who is absent without leave for three consecutive
meetings of the Board is deemed to have vacated his seat.
(5) The appointment of a member and termination of that
appointment whether by death, resignation, revocation or otherwise, shall be
notified in the Trinidad and Tobago Gazette.
(6) A member may resign at any time, by writing to the President
through the Chairman.
3. The Board shall pay its members such remuneration as it
recommends and is approved by the Minister.
4. The President shall appoint a Chairman and Deputy Chairman from
among the members of the Board.
5. The Chairman may grant to a member leave of absence from a
meeting of the Board upon such terms and conditions as he determines.
6. (1) A member who has a direct or indirect pecuniary interest in a
matter being considered or about to be considered by the Board shall disclose
the nature of his interest before or during the Board’s deliberation of the matter.
(2) A disclosure under subsection (1), shall be recorded in the
minutes of the meeting of the Board and the member shall not—
(a) be present during any deliberation of the Board with respect
to that matter; or
(b) take part in any decision of the Board with respect to that matter.
7. (1) The Chairman or, when necessary, the Deputy Chairman—
(a) shall, not less than once every two months convene such
meetings of the Board as are necessary for the efficient
conduct of its functions; and
(b) shall, on receipt of a written request signed by no fewer than
four (4) members, convene a subject meeting of the Board.
(2) The Minister may at any time convene a meeting of the Board.
(3) At a meeting of the Board, a quorum is constituted by five members.
(4) The Chairman shall preside at all meetings of the Board at which
he is present.
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22 Chap. 40:01 National Library and Information System
LAWS OF TRINIDAD AND TOBAGO
Minutes.
Acting
members.
(5) In the event of the absence of the Chairman from a meeting of
the Board, the Deputy Chairman shall preside at that meeting.
(6) In the event of the absence of both the Chairman and the Deputy
Chairman from a meeting of the Board, the members present shall elect one of
their number to preside at that meeting.
(7) All questions arising at a meeting of the Board shall be decided
by a majority of the votes of the members present and voting, including the
member presiding.
(8) In the event of an equality of votes on a resolution proposed at a
meeting of the Board, the resolution shall be taken not to be passed but, if the
same resolution is proposed at the first meeting of the Board held after the date
of that first-mentioned meeting and there is again an equality of votes, the
member presiding has a casting vote on the resolution.
(9) The Board may determine the conduct of proceedings at any
meeting.
8. (1) The Board shall cause minutes of its meetings to be kept and
shall forward a copy of those minutes to the Minister within one month of each
meeting being held.
(2) All decisions, resolutions and rules made by the Board with
respect to the operation of NALIS shall be recorded in the minutes.
(3) The minutes shall be confirmed by the Board at the next
meeting.
9. (1) The President may appoint a person other than the Executive
Director to act as a member during a temporary vacancy on the Board.
(2) An appointment of that person may be expressed to have effect
only in such circumstances as are specified in the instrument of appointment.
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