CROSS RIVER – STATE LIBRARY BOARD LAW
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LAWS OF CROSS RIVER STATE
STATE LIBRARY BOARD LAW
ARRANGEMENT OF SECTIONS
PART I
CHAPTER S14
Establishment of State Library Board
SECTION
- Establishment.
- Membership.
- Tenure of Office.
- Vacation of Office.
PART II
Functions and powers
- Functions.
- General Powers.
- Power of the Board to delegate its functions.
PART III
Funds and accounts
- Funds of the Board.
- Annual Report.
- Amount and audit.
- Borrowing powers.
- Bank Account.
- Investment.
PART IV
Meetings
- Convening of meetings.
- Presiding at meeting.
- Quorum.
- Co-option of members.
- Validity of proceedings.
- Standing Order.
PART V
Transitional provisions
- Vesting of existing property.
- Transfer of Staff.
PART VI
Miscellaneous provisions
- Director of State Library.
- Secretary.
- Remuneration of Chairman and members.
- Authentication of documents.
- Supervision of Board.
- Directions by the Governor.
- Representation in Court.
- Pensionable service.
- Regulations.
- Deposit Obligations.
- Repeal of Cap. 115.
- Interpretation.
- Short title.
CHAPTER S14
STATE LIBRARY BOARD LAW
(1st August, 1973)
[Commencement.]
PART I
Establishment of State Library Board
- Establishment
(1) There is hereby established, a Board to be known as the Cross River State Library Board.
(2) The Board shall be a body corporate with perpetual succession and a common seal and with power to sue and be sued in its corporate name and to own, hold and dispose of property whether movable or immovable.
- Membership
The Board shall consist of—
(a) a Chairman and 4 other members all of whom shall be appointed by the Governor; and
(b) the following ex officio members—
(i) the Director of Library Services;
(ii) a representative of the State Ministry of Education;
(iii) a representative of the State Ministry of Finance and Economic Planning.
- Tenure of Office
A person appointed as a member shall hold office for 3 years and shall thereafter be eligible for re-appointment for one more term of 3 years.
- Vacation of Office
The Office of a member shall become vacant if—
(a) he, by notice under his hand addressed to the Governor resigns his office; or
(b) the Governor at any time revokes his appointment.
PART II
Functions and powers
- Functions
The functions of the Board shall be—
(a) to establish, control, equip and operate the State Library Services including mobile, lending and reference libraries;
(b) to advise and assist educational institutions in the State on the equipment and operation of their library services;
(c) to develop and operate archives for official documents and publications;
(d) to provide and develop facilities for information and research; and
(e) to develop and promote library technologies and services.
- General Powers
The Board shall have power—
(a) to appoint such staff, agents, employees and other workers as the Board may require for carrying out any of its functions;
(b) to assemble, maintain and extend the collection of books, periodicals, pamphlets, newspapers, maps, musical scores, films and recordings and such other library materials as the Board may consider appropriate;
(c) to make the facilities of the State Library available to the members of the public and others;
(d) to charge fees for services rendered to the public;
(e) to control the admission of members of the public into the State Library premises;
(f) to prepare and publish catalogues, indexes and similar aids;
(g) to exchange library materials with individuals, institutions or other libraries;
(h) to render bibliographical services in the State; and
(i) to do all such other things as they may deem necessary for carrying out any of its functions.
- Power of the Board to delegate its functions
The Board may appoint standing or ad hoc committees as the case may be, to perform on its behalf such of its functions as it may determine, but no decision of such committee shall have effect until it has been adopted by the Board.
PART III
Funds and accounts
- Funds of the Board
The funds of the Board shall consist of—
(a) such revenue as the Board may derive from its investments, Supplies and Services;
(b) such sums as may from time to time be granted to it by the State Government or the Federal Government or any organisation, institution or agency;
(c) donations, subsidies, gifts, grants from communities, organisations, associations, clubs and individuals; and
(d) such sums as may accrue to the Board from any other source whatsoever.
- Annual Report
(1) As soon as may be after the end of each financial year but not later than the 30th day of September next following, the Board shall forward to the Governor a full report on the exercise and performance by the Board of its functions during that year together with a certified copy of the audited accounts of the Board.
(2) The Governor shall cause a copy of any report made to him under this section to be laid before the Executive Council of the State.
(3) The financial year of the Board shall be the same as that of the State Government.
- Amount and audit
The Board shall keep proper books and statements of account in respect of its revenue and expenditure for each financial year; and shall as soon as may be after the end of each financial year, submit to the Governor—
(a) the profit and loss account of the Board including the balance sheet for that financial year; and
(b) the report of the State Director of Audit on the said account.
- Borrowing powers
The Board may subject to such terms and conditions as the Governor may approve, borrow by way of loan or overdraft such sums of money as it may from time to time require for carrying out its functions under this Law.
- Bank Account
The Board shall operate a bank account in any reputable bank and all monies received on behalf of the Board shall be paid into that account and no withdrawal shall be made from that account unless the cheque or other instrument in respect of such withdrawal has been signed by the Director and such other persons as the Board may from time to time by resolution in that behalf authorise.
- Investment
The Board may subject to such terms and conditions as the Governor may approve, invest in such securities as it may from time to time decide.
PART IV
Meetings
- Convening of meetings
(1) The Board may on such date and at such time and place as the Chairman may decide, hold any meeting for the transactions of its business.
Provided that meetings of the Board shall be held at least once every three months.
(2) The Chairman may at any time on his own motion and shall upon the requisition of any two members, convene a meeting of the Board to transact any business specified in the notice of such meeting.
- Presiding at meeting
(1) The Chairman shall preside at any meeting of the Board and in his absence, the members present shall elect one of their number to preside at such meeting.
(2) The member presiding at such meeting shall have a second and casting vote.
- Quorum
A meeting of the Board shall not proceed to business unless there is a quorum present and one-third of members present at such meeting shall form a quorum.
- Co-option of members
Where upon any occasion, the Board desires to obtain the advice of any person, on any particular matter, the Board may co-opt such person to be a member for such meeting or meetings as it may deem fit and such person shall have all the powers and privileges of a member except that he shall not be entitled to vote on any question or count towards the quorum.
- Validity of proceedings
The validity of any proceedings of the Board shall not be affected by any defect in the appointment of any member or the absence of any member or any vacancy in the membership of the Board, or by reason that a person not entitled so to do has taken part in such proceedings.
- Standing Order
The Board may make standing orders to regulate its proceedings and those of any of its committees.
PART V
Transitional provisions
- Vesting of existing property
Any property whether movable or immovable which immediately before the commencement of this Law belonged to the former State Library Board by virtue of the State Library Law is hereby transferred to the Board and shall by virtue of this section and without any further assurance, vest in the Board.
- Transfer of Staff
(1) All members of staff of the former State Library Board existing immediately before the commencement of this Law are herby by virtue of this section and without any further assurance transferred to the Board and shall be deployed by the Board to such offices as the Board may decide.
(2) The service of such members shall be deemed to be continuous with their service in the Board.
(3) Nothing in this section shall prevent any person transferred to the Board under subsection (1) of this section from being transferred at any time from the Board to the Civil Service of the State.
PART VI
Miscellaneous provisions
- Director of State Library
(1) There shall be a Director of State Library Services to be appointed by the Governor.
(2) A person shall not be qualified to be appointed a Director unless he is a professionally qualified librarian.
(3) The Director shall—
(a) be the Chief executive and accounting officer of the State Library Services and shall subject to the policy guidelines of the Board, be responsible for the management of the day-to-day affairs of the Board;
(b) oversee and control the staff of the Board;
(c) ensure that proper books of accounts and other records of the Board are kept; and
(d) carry out such other duties as the Board may from time to time direct.
- Secretary
(1) There shall be a Secretary to the Board who shall be appointed by the Board.
(2) The Secretary shall—
(a) record the proceedings of the meetings of the Board;
(b) keep custody of the minutes and seal of the Board;
(c) carry out the correspondence of the Board;
(d) carry out such other duties as the Board or the Director may from time to time direct.
- Remuneration of Chairman and members
The Chairman and other members shall be paid such remuneration and allowances as the Governor may approve.
- Authentication of documents
(1) The common seal of the Board shall not be used or affixed to any document except in pursuant of a resolution of the Board duly recorded in the minutes of such meeting.
(2) The fixing of the common seal of the Board shall be authenticated by the signatures of the Chairman and the Secretary or the signatures of any member generally or specifically authorized in that behalf by the Board.
(3) Any contract or instrument which would not be required to be under seal if entered into or executed by a person may be entered into or executed as the case may be, on behalf of the Board by any person generally or specifically authorised in that behalf, by the Board.
(4) Any document purporting to be a document duly executed under the common seal of the Board shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed.
- Supervision of Board
The Board shall be under the supervision of the Commissioner for Education.
- Directions by the Governor
The Governor may give to the Board directions of a general or specific nature with respect to the performance by the Board of any of its functions and the Board shall comply with such directions.
- Representation in Court
In any civil action or proceedings, the Board may at any time be represented in Court by a State Counsel or a legal practitioner nominated by the State Attorney-General.
- Pensionable service
Service in the State Library is pensionable and qualifying service within the meaning of the Pensions Law 1987 and shall be deemed to be included in Schedule 8 of the said Law.
- Regulations
The Board may make regulations for the carrying into effect of the provisions of this Law and without prejudice to the generality of the foregoing provisions, the Board may make regulations with respect to—
(a) the appointment, promotion, transfer and dismissal of the staff of the Board and the exercise of disciplinary control over such staff;
(b) the conditions of service of the staff of the Board; and
(c) the imposition of conditions for the admission of members of the public into the State Library.
- Deposit Obligations
(1) The publisher of any book published in the State shall within one month after the publication deliver at his own expense, to the Board two copies of that book.
(2) The copies of the book delivered to the Board under subsection (1) shall—
(a) be perfect copies of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book published; and
(b) be bound, sewn or stitched together and on the best paper on which that book is printed.
(3) Where any printed matter (other than matter of such description as the Director of Library Services may specify from time to time) is published by or on behalf of any Ministry or Department of Government or a Government Agency or institution, it shall be the duty of the officer in charge of the Ministry or Department to deliver to the Director, Library Services for the purposes of the Board—
(a) ten copies of that publication, if it is published by or on behalf of the Government;
(b) five copies of that publication if it is published by or on behalf of a Government agency or institution; or
(c) such smaller number of copies of that publication as the Director of Library Services may determine in any particular case.
(4) If a publisher fails to comply with the provisions of subsection (1) or subsection (2) of this section, he shall be guilty of an offence and shall on conviction by a Magistrate’s Court be liable to a fine not exceeding ₦100.00, and the court before which he is convicted shall in addition order him to deliver copies of the book in accordance with the provisions of this section or pay the value of those copies to the Director of Library Services.
(5) The Governor may, by order published in the Gazette, exclude any publisher or book or any class of publishers or books from the operation of subsection (1) or (2) of this section.
- Repeal of Cap. 115
The State Library Law is hereby repealed.
- Interpretation
In this Law unless the context otherwise requires—
“Board” means Cross River State Library Board established by section 1 of this Law;
“Chairman” means Chairman of the Board;
“Director” means Director appointed under section 22 of this Law;
“Governor” means Governor of the State;
“Member” means member of the Board;
“Publisher” in relation to books means any person authorising or causing books to be printed or distributed in the State (other than the State Government, the Governor or any person acting for or on behalf of the Government or the Governor) and includes a public officer not acting in his capacity as such and any person distributing in the State any book published elsewhere;
“State” means Cross River State;
“State Library” includes any department, branch or unit of the State Library.
- Short title
This Law may be cited as the State Library Board Law.
CHAPTER S14
STATE LIBRARY BOARD LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
