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NATIONAL LIBRARY ACT
ARRANGEMENT OF SECTIONS
First Schedule Supplementary provisions relating to the Board
Second Schedule Transitional and saving provisions
NATIONAL LIBRARY ACT
An Act to set up the National Library Board, charged with the responsibility of establishing and maintaining the National Library of Nigeria and to provide such services as in the opinion of the Board are usually provided by national libraries of the highest standing.
[Commencement.] [1st June, 1970]
(1) There is hereby established a body to be known as the National Library Board.
(2) The Board shall be a body corporate with perpetual succession and a common seal.
(3) The provisions of the First Schedule to this Act shall have effect with respect to the constitution and procedure of the Board and the other matters therein mentioned.
(1) The functions of the Board shall be—
(a) to establish and maintain, in accordance with this Act, the National Library of Nigeria; and
(b) to provide in accordance with this Act such services as in the opinion of the Board are usually provided by national libraries of the highest standing.
(2) For the purpose of carrying out the general functions imposed on the Board by subsection (1) of this section, it shall be the duty of the Board, so far as its resources permit—
(a) to assemble, maintain and extend a collection of books, periodicals, pamphlets, newspapers, maps, musical scores, films and recordings and such other matter as the Board considers appropriate for a library of the highest standing;
(b) to establish and maintain a branch of the National Library in each State;
(c) to make the facilities of the National Library available to members of the public and others on proper terms, which may include provision for—
(i) the imposition of a scale of fees, subject to the approval of the Minister, for services rendered to the public;
(ii) safeguarding the property of the Board; and
(iii) specifying the categories of persons who maybe admitted to premises under the control of the Board;
(d) to make such arrangements as the Board considers appropriate with respect to—
(i) the exchange of matter included in the collection aforesaid;
(ii) the preparation and publication of catalogues, indexes and similar aids;
(iii) the provision of assistance to other persons in the organisation of libraries and with respect to the manner of using facilities under the control of libraries;
(e) to make recommendations and give advice on library development or organisation to any department or agency of government of the Federation or a State or to any local government council;
(f) to be responsible for the development of the National Bibliography of Nigeria and national bibliographical services, either in a national bibliographical centre or elsewhere.
(3) The Board shall have such powers as may be necessary or desirable for the proper exercise of its functions; and in particular, without prejudice to the generality of the foregoing, the Board may—
(a) sue and be sued in its corporate name;
(b) acquire, hold and dispose of movable and immovable property in general, and in particular—
(i) acquire, construct, maintain or repair any property required for the purposes of the National Library; and
(ii) let on lease or otherwise dispose of any property which appears to the Board to be unnecessary for the time being for the purposes of the Board;
(c) do anything for the purpose of advancing the skill of persons employed by the Board or the efficiency of the equipment of the Board or of the manner in which that equipment is operated (including the provision by the Board, and the assistance of the provision by others, of facilities for training, education and research);
(d) provide houses, hostels and other like accommodation for persons employed by the Board—
(i) for purposes specifically approved by the Board, as being likely to increase the effectiveness of those persons in the service of the Board; or
(ii) otherwise for the purpose of exercising the functions of the Board;
(e) make loans to any person employed by the Board for the purpose of building a house, purchase a plot of land on which a house for such a person may be built or purchase a house for the residential use of any such person or his family; and
(f) otherwise promote the welfare of persons employed by the Board.
(4) Subject to this Act, the Minister may give the Board directions of a general character or relating generally to particular matters (but not to any individual person or case), with regard to the exercise by the Board of its functions and powers, and it shall be the duty of the Board to comply with the directions.
(1) There shall be a Director of the National Library who, subject to subsection (2) of this section, shall be appointed by the Board and shall be a person appearing to the Board to have shown exceptional capacity in the organisation and administration of a library and services comparable to those envisaged by this Act.
(2) A person shall not be appointed as the Director unless his appointment is approved by the Minister.
(3) The Director shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.
(4) Subject to the Board’s financial, operational and administrative policy programmes, the Director shall have the general function of organising and managing the National Library and the services provided in pursuance of this Act, and, in particular, the function of directing the activities of the officers and servants of the Board and managing the Board’s financial affairs.
(5) Subject to subsection (4) of this section, the Director shall be free to manage the National Library as he thinks fit, in accordance with this Act, and the Board shall not interfere with his methods or with the manner in which he deploys the material and human resources of the Board in order to obtain results in accordance with this Act.
(1) The publisher of every book published in Nigeria shall, within one month after the publication, deliver at his own expense to the National Library three copies of the book, two of which shall be kept in the National Library for permanent preservation and one of which shall be sent by the Director to the Ibadan University Library.
(2) The copies of the book delivered to the National Library under subsection (1) of this section—
(a) shall 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 are published; and
(b) shall be bound, sewed or stitched together and in the best paper on which the book is printed.
(3) Where any printed matter (other than matter of such descriptions as the Director may specify from time to time) is published by or on behalf of any department of Government of the Federation or of a State, it shall be the duty of the official in charge of the department to deliver forthwith to the Director for the purposes of the National Library—
(a) 25 copies of the publication, if it is published by or on behalf of a department of Government of the Federation; or
(b) ten copies of the publication, if it is published by or on behalf of a department of Government of a State, or such smaller numbers of copies as the Director may determine in any particular case.
(4) If a publisher fails to comply with any provision of subsection (1) or (2) of this section, he shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N100; and the court before which he is convicted may in addition order him to deliver to the Director three copies of the book in question or to pay to the Director the value of those copies.
(5) The President may, by order in the Federal Gazette, exclude any publisher or book, or any class of publisher or book, from the operation of subsections (1) and (2) of this section.
(6) The obligations imposed by this section are additional to any similar obligations which may be imposed by any law in force in a State other than this Act.
(7) In this section “book” includes—
(a) all literary works such as books, pamphlets, sheets of music, maps, charts, plans, tables and compilations;
(b) dramatic works;
(c) collective works such as encyclopaedias, dictionaries, year books or similar works, newspapers, magazines and similar periodicals;
(d) any work written in distinct parts by different authors or in which a part or parts of work of different authors is or are incorporated, and every part or division of such a work; and
(e) all forms in which documentary or oral records are published;
“Publisher”, in relation to a book, means any person authorising or causing the book to be printed and distributed in Nigeria, excluding the Federal Government and the Governor of a State (or any person acting on its or his behalf), a public officer acting in his capacity as such and any person distributing in Nigeria a book published elsewhere.
(1) The Board is hereby empowered—
(a) to receive all funds which may, from time to time, be granted to it by the Federal Government and to apply and administer those funds in accordance with such terms and conditions as may be attached to the grant and in accordance with this Act; and
(b) to receive all other monies otherwise obtained by the Board and to apply and administer those monies in furtherance of the purpose of this Act and in accordance with any terms and conditions upon which those monies may have been obtained.
(2) The Board shall submit to the Minister, not later than 31 October in each financial year, an estimate of its expenditure and income during the next succeeding financial year; and it shall be the duty of the Director to prepare for the consideration of the Board, the estimate which in his opinion it would be proper for the Board to submit to the Minister in pursuance of this subsection.
(3) The receipts of the Board on revenue account in any financial year shall be applied in payment of the following charges—
(a) the remuneration and allowances payable to members of the Board;
(b) the salaries, fees or other remuneration or allowances, and pensions, superannuation allowances and gratuities, payable to the Director and officers of the Board;
(c) expenditure on the maintenance of any property vested in the Board;
(d) provision for the depreciation or the renewal of any assets vested in the Board;
(e) interest due on any debenture stock or other stock issued or any temporary loan raised by the Board;
(f) the sums required to be transferred to a sinking fund or otherwise, set aside for the purpose of making provision for the repayment of debenture stock or the repayment of other borrowed monies;
(g) such allocation to any general reserve established under section 6 of this Act and to contingencies or any other reserve as may in the opinion of the Board, be appropriate;
(h) grants for purposes conducive to the welfare of persons employed by the Board;
(i) such contributions to such charitable objects as the Board, with the approval of the Minister, may determine;
(j) the purchase of books, equipment and other related material; and
(k) such other charges as may be reasonably incurred in the exercise of the Board’s functions, and the balance, if any, shall be applied to such charitable or public purposes and in such manner as the Minister may direct.
(4) The financial year of the Board shall coincide with that of the Federal Government.
(1) Without prejudice to the power of the Board to set aside from revenue appropriate amounts for replacements, contingencies or other purposes, the Board may establish and maintain a general reserve.
(2) The management of the general reserve, the sums to be carried from time to time to the credit of the general reserve, the charges to be made against the general reserve and any other application of the monies comprised therein, shall be as the Board may with the approval of the Minister determine:
Provided that no part of the monies comprised in the general reserve shall be applied otherwise than for the purposes of the Board.
(1) The Board may, with the consent of or in accordance with any general authority given by the President, borrow by way of loan from the Federal Government, or by way of temporary overdraft approved by the Minister, sums required by the Board for meeting its obligations and discharging its functions under this Act.
(2) The Board may invest all or any of its funds in such manner as may be approved by the Minister.
(3) Subject to section 5 of this Act, the Minister may, with the approval of the President, issue to the Board directives as to the disposal of surplus funds.
(1) The Board shall keep proper accounts and other records relating thereto and shall prepare in respect of each financial year a statement of accounts in such form, as the Minister may direct.
(2) The accounts of the Board shall be audited by auditors appointed from the list of auditors and in accordance with the guidelines supplied by the Auditor-General for the Federation.
(3) As soon as the accounts of the Board have been audited, the Board shall furnish a copy of the statement of accounts to the Minister, together with a copy of any report made by the auditors on their statement or on the accounts of the Board.
(1) The Board shall prepare and submit to the Minister not later than 30 May in each financial year, a report in such form as the Minister may direct on the activities of the Board during the last preceding financial year, and shall include in the report a copy of the audited accounts of the Board for the last preceding financial year and of the auditors’ report on those accounts.
(2) The Minister shall cause a copy of each report made to him under this section to be laid before the Federal Government.
(3) The Minister may, by notice in writing served on the Director, require the Board to furnish the Minister with all information within its power relating to such matters connected with any activity of the Board as may be specified in the notice; and it shall be the duty of the Board to comply with the requirements of the notice.
(1) No suit against the Board, and no suit against any member, officer or servant of the Board in his capacity as such, shall lie or be instituted in any court unless it is commenced within the twelve months following the act, neglect or default complained of or, in the case of a continuance of damage or injury, within the twelve months following the cessation thereof.
(2) No suit shall be commenced against the Board or against any member, officer or servant of the Board in his capacity as such, until one month at least after there has been served on the Board by or on behalf of the intending plaintiff, written notice of intention to commence the suit, stating—
(a) the cause of action;
(b) the particulars of the claim; and
(c) the name and place of abode of the intending plaintiff and the relief claimed.
(3) The notice referred to in subsection (2) of this section and any summons, notice or other document required or authorised to be served on the Board may, except where there is express provision to the contrary, be served—
(a) by delivering it to the chairman or the Director; or
(b) by sending it by registered post, addressed to the Director, at the principal office of the Board.
(4) In any suit, the Board, without prejudice to any other right of representation, may be represented at any stage of the proceedings by any member, officer or servant of the Board who is duly authorised in writing by the Board in that behalf.
(5) In any suit against the Board, no execution or attachment or process in the nature thereof shall be issued against the Board, but any sums of money which may by the judgment of the court be awarded against the Board shall (subject to any directions given by the court where notice of appeal has been given by the Board in respect of the judgment), be paid by the Board from the funds of the Board.
(6) In this section, “suit” means any civil proceedings however commenced.
(1) Whenever there is any hindrance to the acquisition by the Board of any land required for any purpose of the Board under this Act (including any failure by the Board to reach agreement as to the amount to be paid in respect of the acquisition), the Minister, on the application of the Board and after such enquiry as he may think fit, may declare that the land is required for the service of the Board.
(2) Where a declaration is made under subsection (1) of this section, the land to which the declaration relates shall be deemed to be land required for a public purpose of the Federation, within the meaning of the Land Use Act, and the President—
(a) may cause action to be taken under that Act for acquiring the land for the Federal Government; or
(b) if the land is customary land, may issue a requisition under section 28 (3) of the Land Use Act for the revocation of any rights relating to the land.
(3) Where a declaration has been made under subsection (1) of this section in respect of any land other than customary land and—
(a) the land has been acquired pursuant to subsection (2) (a) of this section; or
(b) the President is satisfied that there are no rights subsisting in respect of the land, the President may vest the land in the Board by means of a certificate under the hand and seal of the Registrar of Deeds.
(4) Where a declaration has been made under subsection (1) of this section in respect of any customary land and—
(a) the rights relating thereto have been revoked pursuant to subsection (2)
(b) of this section; or
(b) the Governor of the State in which the land is situated is satisfied that there are no rights subsisting in respect of the land, the Governor in question may grant to the Board a right of occupancy of the land on such terms and conditions as he thinks fit.
(5) The compensation, if any, payable under the Land Use Act for the acquisition of any land under this section or payable under the Land Use Act for the revocation of any rights relating to the land, as the case may be, shall in the first instance be paid by the Federal Government, but the Board shall refund to that Government any compensation so paid and all incidental expenses incurred by that Government.
(6) A plan of any land referred to in subsection (1) of this section—
(a) containing measurements of the boundaries of the land;
(b) showing the relationship of the land to any sufficient identifying mark; and
(c) signed by the Director, shall be a sufficient description of the land for the purposes of an application under that subsection.
(7) The Board shall not, without the approval in writing of—
(a) the President; or
(b) in the case of customary land, the Governor of the State in which the land is situated, alienate, mortgage, charge or demise any immovable property which has been vested in the Board under this section or in respect of which a right of occupancy has been so granted to the Board.
(8) In this section “customary land” has the same meaning as in the Land Use Act.
(1) The National Library Act 1964 is hereby repealed, and the National Library Board established by that Act, is hereby dissolved.
(2) The transitional and saving provisions in the Second Schedule to this Act, shall have effect notwithstanding any other provision of this Act.
In this Act, unless the context otherwise requires—
“Board” means the National Library Board, established by this Act;
“Chairman” means the chairman of the Board;
“Director” means the Director of the National Library;
“Minister” means the Minister charged with responsibility for information;
“National Library” means the National Library of Nigeria, established and maintained by the Board;
“State” means a State of the Federation.
This Act may be cited as the National Library Act.
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD [Section 1 (3).]
(a) one member to represent each zone of States and the Federal Capital Territory, Abuja as listed in sub-paragraph (2) of this paragraph, rotating every two years within the zones in alphabetical order, who shall be appointed after consultation with the Governors of the States in question and shall be a person appearing to the Minister to have wide experience in at least one of the following fields, that is to say—
(i) newspapers, broadcasting and other media of communication;
(ii) university education and research;
(iii) education other than university;
(v) the activities of legislatures;
(vi) business and industry;
(vii) trade unions;
(viii) finance relating to the provision of public services;
(ix) science and technology;
(x) the creative arts; and
(xi) the book industry;
(b) one person appearing to the Minister to represent the interest of the Nigeria Library Association or any other body or association of librarians established in Nigeria and approved by the Minister;
(c) three persons (additional to those appointed under sub-paragraph (a) of this paragraph), appearing to the Minister to have wide experience in at least one of the fields mentioned in that paragraph, one of whom shall be a person appearing to the Minister to have wide experience in the handling of financial matters;
(d) the Permanent Secretary, Federal Ministry of Education or his representative;
(e) one representative of the Armed Forces Education Corps; and
(f) one representative of the Nigerian Association of University Librarians.
(2) The States in each zone referred to in sub-paragraph (1) of this paragraph are as follows—
Terms of service
(2) Any member, not being a public officer, may resign his appointment by a letter addressed to the Minister.
(2) Subject to sub-paragraph (1) of this paragraph—
(a) any member who is absent from two consecutive ordinary meetings of the Board, shall file his explanation in writing with the secretary for consideration by the Board and if the explanation is not accepted by the Board, the Board may recommend to the Minister that the member be removed, and the Minister may declare, in writing, the office of that member vacant;
(b) where the Board is satisfied that the continued presence on the Board of any member is not in the national interest or the interest of the Board, the Board may recommend to the Minister that the member be removed, and the Minister may declare, in writing, the office of that member vacant.
The Director, officers and servants
(a) shall appoint a secretary to the Board, who shall be an officer but not a member of the Board and shall perform such duties as the Board or the Director may determine; and
(b) may appoint such other officers and servants as it thinks fit.
(a) to pay to the Director and to any officer or servant of the Board, such remuneration and allowances as the Board may determine;
(b) to pay to or in respect of the Director, and (subject to any regulations made under sub-paragraph (c) of this paragraph), to or in respect of any officer or servant of the Board, in whose case it may decide to do so, such pensions and gratuities as the Board may determine;
(c) with the approval of the Minister, to make staff regulations (which need not be published in the Federal Gazette), regulating the conditions of service of servants of the Board and in particular, without prejudice to the generality of the foregoing, providing for—
(i) the appointment, dismissal, discipline, pay and leave of, and the security to be given by, its servants;
(ii) appeals by its servants against dismissal or other disciplinary measures;
(iii) the grant of pensions, gratuities and other retiring allowances to its servants and their dependants, and the grant of gratuities to the estates or dependants of deceased servants of the Board; and
(iv) the establishment and maintenance of medical benefit funds, superannuation funds and provident funds, and the contributions payable thereto and the benefits receivable therefrom.
(a) by any vacancy in the membership of the Board or committee; or
(b) by any defect in the appointment of a member of the Board; or
(c) by reason that a person not entitled to do so took part in the proceedings.
Transitional and saving provisions
(a) the rights, interests, obligations and liabilities of the former Board existing immediately before the commencement of this Act under any contract or instrument, or at law or in equity apart from any contract or instrument, shall by virtue of this Act be assigned to and vested in the new Board;
(b) any such contract or instrument as is mentioned in sub-paragraph (a) of this paragraph shall be of the same force and effect against or in favour of the new Board and shall be enforceable as fully and effectively as if, instead of the former Board, the new Board had been named therein or had been a party thereto; and
(c) the new Board shall be subject to all the obligations and liabilities to which the former Board was subject immediately before the commencement of this Act, and all other persons shall as from the commencement of this Act have the same rights, powers and remedies against the new Board as they had against the former Board immediately before the commencement of this Act.
NATIONAL LIBRARY ACT
No Subsidiary Legislation