No. 170,11th September, 1998
Third Session Fifth Parliament Republic of Trinidad
and Tobago
REPUBLIC OF TRINIDAD AND TOBAGO
Act No. 18 of 1998
[L.S.]
[Assented to 10th September, 1998]
ENACTED by the Parliament of Trinidad and Tobago as enactment
follows:—
PART I
PRELIMINARY
Short title 1. This
Act may be cited as the National Library and Information System Act, 1998.
Interpretation 2. In this Act—
"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;
"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;
"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
(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—
(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, 1985;
(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;
(o) manage
the national human resources of library and information science personnel
in Public
Service bodies;
(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;
(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.
(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.
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—
(3) The management, use and disposal of that material and information in
subsection (1) shall
be subject to approval by the Board.
(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.
11. (1) The Board may establish
such committees as it thinks necessary, for the purposes of the
Act.
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 beprescribed.
(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 re-appointment.
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—
(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.
(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—
(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 to 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 referred to in section
37(a) shall within six
months of the coming into effect of this Act exercise the option—
(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.
(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;
(c) where no such office is available, to become eligible for the terms
provided at section
15(4) of the Pensions Act.
21. (1) An officer in
the public service, or other authority or organization or an employee of
NALIS, may, with the consent of NALIS and with the approval of the appropriate
Ministry, Commission or other concerned authority or organization agree
to be seconded to or from NALIS, as the case may be.
(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 organization, as the case may
be and the of ricer.
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;
(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 coor 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.
(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 organizations, 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;
Application of Fund 24. (1) The money in the Fund shall be applied in defraying the following expenditure:
(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;
(e) the capital and operating expenses, including maintenance and insurance,
of the property of
NALIS;
(g) any other
expenditure authorized 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.
Power to borrow Chap. 69:01
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 Power to invest 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.
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
those goods and services shall not be subject to the Value
Added Tax 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.
Rules for accounting and audit
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-eight days of its receipt by him, or if Parliament
is not then sitting,
within twentyeight days after the commencement of its next sitting.
PART V
MISCELLANEOUS
Existing collective agreements
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.
Chap. 88:01
(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.
Protection against certain actions
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.
Delegation
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—
(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.
Regulations
(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.
35. (1) On the repeal of the Acts referred to in section 37 all property, real or personal including material and information, that was vested or deemed to have been vested in the libraries established by those Acts shall vest in NALIS.
Chap. 76:01
36. Upon the repeal of the
Acts referred to in section 37, 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 section,
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, NALIS as
if NALIS had been the library established by that Act.
Repeal of library Acts
37. The following Acts are repealed upon the coming into force of this Act:
Chap.40:01
(a) Central Library of Trinidad and Tobago Act;
Chap. 40:02
(b) Public Library Act;
Chap. 40:03
(C) Carnegie Free Library Act.
Consequential amendments
38. (1) The Exchequer and
Audit Act is amended -
Act No. 21 of 1990
(2) Section 112 of the Municipal Corporations Act, 1990 is amended by repealing subsection (2)(a).
SCHEDULE
Section 9(2)
Constitution and Procedures of the Board of NALIS
1. (1) The Board shall consist of—
(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:
(b) information technology;
(c) education;
(d) law;
(e) science and technology;
(f) A corporate business;
(g) financial management;
(i) culture;
Tenure of Office
2. (1) A member, other than the Executive Director, shall hold office for a term not exceeding three years and is eligible for re-appointment.
(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.
Remuneration of members of Board
3. The Board shall pay its
members such remuneration as it recommends and is approved by the Minister.
Appointment of Chairman and Deputy Chairman
4. The President shall appoint
a Chairman and Deputy Chairman from among the members of the Board.
Leave of absence
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.
Disclosure of interest
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—
(b) take part in any decision of the Board
with respect to that matter.
(b) shall, on receipt of a written request
signed by no fewer than four (4) members, convene a subject 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.
(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 Minutes 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.
Acting members
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.
Passed in the Senate this 19th day of May, 1998.
N. COX
Clerk of the Senate
Passed in the House of Representatives this 14th
day of August, 1998.
J. SAMPSON
Clerkof the House
PRINTED BY THE GOVERNMENT PRINTER,
PORT-OF-SPAIN
REPUBLIC OF TRINIDAD AND TOBAGO
1998