ACTS OF GHANA

GHANA LIBRARY BOARD ACT, 1970 (ACT 327)

ARRANGEMENT OF SECTIONS

Section

1. Establishment of Ghana Library Board

2. Membership of Board

3. Functions of Board

4. Meetings of Board

5. Committees

6. Appointment of Officers and Employees

7. Vesting of Assets, etc.of Former Library Board in the New Library Board.

8. Regional Advisory Committees

9. Functions of Regional Advisory Committees

10. Funds of Board

11. Payment into Bank

12. Accounts and Audit

13. Annual Report

14. Rules

15. Repeal.

THE THREE HUNDRED AND TWENTY-SEVENTH

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE GHANA LIBRARY BOARD ACT, 1970

AN ACT to re-enact the Gold Coast Library Board Ordinance (Cap. 118) with amendments and to provide for other purposes connected therewith.

DATE OF ASSENT: 30th April, 1970.

BE IT ENACTED by the Presidential Commission and the National Assembly in this present Parliament assembled as follows:—

Section 1—Establishment of Ghana Library Board.

(1) There is hereby established, for the purposes of this Act a Board to be known as the Ghana Library Board.

(2) The Ghana Library Board, hereafter referred to in this Act as the "Board", shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

(3) The Board shall have the power for the discharge of its functions to acquire and hold any movable or immovable property, to dispose of such property by lease or otherwise and to enter into any contract or other transactions.

Section 2—Membership of Board.

(1) The Board shall consist of a Chairman and the following members all of whom shall be appointed by the President under article 49 of the Constitution:—

(a) a representative of the Ministry responsible for Education,

(b) a representative of the Ministry responsible for Finance,

(c) a representative of the Department of Library Studies, University of Ghana,

(d) a representative of the Institute of Adult Education of Ghana,

(e) a representative of the Ministry of Local Administration,

(f) a representative of the Conference of Heads of Assisted Secondary Schools in Ghana,

(g) a representative of the National Teachers' Training Council of Ghana,

(h) a representative of the Department of Social Welfare,

(i) a representative of the Ministry responsible for Information,

(j) three persons representing the religious bodies in Ghana appointed in consultation with the Minister responsible for Education acting on the advice of the religious bodies,

(k) the Director of Library Services,

(l) a representative of the Ministry responsible for Cultural Affairs,

(m) one other person appointed in consultation with the Minister responsible for Education, and

(n) a representative of the Elementary School Teachers' Association nominated by the Ghana National Association of Teachers.

(2) The members of the Board shall hold office for two years and shall be eligible for re-appointment.

Section 3—Functions of Board.

The functions of the Board shall be—

(a) to establish, equip, manage and maintain public libraries in Ghana;

(b) to take all such steps as may be necessary to discharge such functions; and

(c) to give effect to the principles and provisions of this Act.

Section 4—Meetings of Board.

(1) At every meeting of the Board, the Chairman shall preside and in his absence the members shall elect a Chairman from among the number of members present at the meeting.

(2)       (a) Every question before the Board at any meeting shall be decided by a majority of the votes of the members present.

(b) Eight members shall form a quorum.

(c) The Chairman at any such meeting shall have an original as well as a casting vote.

(3) The Board shall meet for the despatch of business at such times and places as the Chairman may from time to time appoint, but shall meet at least once in every three months.

(4) The Chairman may at any time, and shall on the request in writing of three members of the Board, call a special meeting of the Board. If the Chairman is absent from Ghana or ill or otherwise incapacitated, the Director of Library Services shall, on being so requested in writing by three members of the Board, call a special meeting of the Board.

(5) The validity of any act of the Board shall not be affected by reason of the existence of any vacancy among its members, or any defect in the appointment of a member thereof.

Section 5—Committees.

The Board may appoint special committees consisting of such number of persons as it may think fit—

(a) to whom it may delegate any of its administrative functions, and

(b) to discharge any function, subject to the other provisions of this Act, which may be referred to such committees by the Board.

Section 6—Appointment of Officers and Employees.

(1) Subject to the provisions of subsection (3) of this section there shall be a Director of Library Services, who shall be—

(a) appointed by the Minister responsible for Education upon such terms and conditions as he may determine with approval of the Cabinet; and

(b) as hereinbefore provided, a member of the Board and its chief executive.

(2) Subject to the provisions of subsection (3) of this section the Board may—

(a) from time to time appoint, upon such terms and conditions (including remuneration) as it may think fit such officers (except the Director of Library Services) and employees as it may deem necessary for the proper and efficient conduct of the functions of the Board;

(b) grant pensions, gratuities or retiring allowances to any officers or employees and may require officers and employees to contribute to any pension or superannuation scheme; and

(c) pay travelling and other allowances to its members, members of Regional Advisory Committees and of any other committee appointed under the provisions of this Act in connection with attendance at meetings of the Board or of such committees.

(3) The terms and conditions of appointment of officers, of pensions and superannuation scheme, the termination of appointment of officers (including the said Director) and the rate of travelling and other allowances for members of the Board and of committees appointed under this Act shall in every case be subject to the approval of the Government.

Section 7—Vesting of Assets, etc. of Former Library Board in the New Library Board.

(1) All rights assets and property vested in, or in any manner held on behalf of or for the purposes of the former Library Board (hereinafter referred to as "the former Library Board") established under the Gold Coast Library Board Ordinance (Cap. 118) as subsequently amended, immediately before the commencement of this Act, shall, after such commencement similarly vest in or be held on behalf of or for the purposes of the Board.

(2) All liabilities and obligations subsisting against the former Library Board immediately before the commencement of this Act, shall thereafter similarly continue to subsist against the Board.

(3) Every contract in respect of any matter, being a contract between the former Board and any other party immediately before the commencement of this Act shall thereafter similarly continue to subsist between the Board and such other party.

(4) Any person in the employment of the former Library Board immediately before the commencement of this Act, shall, thereafter and subject to any direction given by the Government, continue in the employment of the Board in the post and on the terms in and on which he was employed by the former Library Board and shall not be made to suffer arbitrary dismissal.

Section 8— Regional Advisory Committees.

(1) The Board shall establish in each Region of Ghana a Regional Advisory Committee which shall be constituted as follows:—

(a) the Regional Education Officer or his representative, who shall be Chairman;

(b) a representative of the Regional Administrative Committee;

(c) a representative of the Local Authority in the area of authority in which the Regional Library is situated;

(d) a prominent citizen normally resident in the appropriate Region appointed by the Board;

(e) the Regional Librarian who shall serve as Secretary;

(f) a representative of the Conference of Heads of Secondary Schools;

(g) a representative of the National Teacher Training Council;

(h) a representative of the Centre for Civil Education; and

(i) a representative of the Elementary School Teachers' Association nominated by the Ghana National Association of Teachers.

(2) Each of the members of the Regional Advisory Committee listed in subsections (1) (b), (c) and (d) of this section shall hold office for two years and shall be eligible for re-appointment.

(3) Each Regional Advisory Committee shall meet at least once in every three months at such times and places as the Chairman may appoint.

Section 9—Functions of Regional Advisory Committees.

The functions of the Regional Advisory Committee shall be—

(a) to advise on the development of library services at the regional level;

(b) to encourage the use of existing library services in the Regions; and

(c) to discharge any other duties that may from time to time be assigned to them by the Board in respect of its functions under this Act.

Section 10—Funds of Board.

(1) The funds of the Board shall include—

(a) all moneys raised by the Board for general purposes;

(b) all moneys accruing to the Board either from the Ghana Government or from any Council, within the meaning of the Local Government Act, 1961 (Act 54), either by way of grant-in-aid or endowment or otherwise;

(c) all charges, dues or amounts received by the Board;

(d) all interest on moneys invested by the Board;

(e) all donations accruing to the Board for the general purposes of the Board from any other sources; and

(f) any other moneys accruing to the Board in the course of the operations of the Board.

(2) The funds of the Board shall be applied by the Board towards the furtherance of its functions provided for in this Act.

Section 11—Payment into Bank.

All sums of money received on account of the Board may be paid into such bank or banks as may be approved by the Board for the credit of the Board's general current or deposit account, so, however, that the Board may invest as it deems fit, any moneys not required for current use.

Section 12—Accounts and Audit.

The accounts of the Board up to the 30th day of June in each year shall be audited by the Auditor-General or an auditor to be approved by him and a copy of the accounts so audited shall, not later than the 30th day of September next following, be published in the Gazette and shall thereafter be submitted to the Government.

Section 13—Annual Report.

So soon as may be after the 30th day of June in every year, the Board shall prepare a report of its activities during the year, and such report shall be published in such manner as the Minister responsible for Education may direct.

Section 14—Rules.

(1) The Board may make rules subject to the approval of the Minister responsible for Education, generally for the better carrying out of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing, such rules may provide—

(a) for regulating the use of any library under the management of the Board;

(b) for protecting any such library and the fittings, furniture and contents thereof from injury;

(c) for the giving of a guarantee or security by any person using such library; and

(d) for fees and penalties to be paid by any person borrowing books from such library.

(3) Any person who contravenes any rule made under the preceding provisions of this section shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding fifty new cedis.

Section 15—Repeal.

The Gold Coast Library Board Ordinance (Cap. 118), subsequently amended is hereby repealed:

Provided that any statutory instrument made thereunder and in force immediately before the commencement of this Act shall be deemed on and after such commencement to be a statutory instrument made under this Act, unless otherwise repealed or amended under this Act.