Delta State Library Board Law

1. Citation. This Law may be cited as the Delta State Library Board Law.

2. Interpretation. In this Law, unless the context otherwise requires- "appropriate authority" means the member of Government of the State for the time being charged With responsibility for the Ministry of Education; "Board" means the Delta State Library Board established under section 3 of this law "Chairman" means the Chairman of the Board; "financial year" means the period beginning on the 1st day of January and ending on the 31st day of December in any one year; "State Librarian" means the librarian of Delta State Library Services appointed under section 12 of this Law; "member" means a member of the Delta State Library Board; "Governor" means the Governor of Delta State of Nigeria; ?"Ministry"? means the State Ministry of Education; ?"State"? means the Delta State of Nigeria.

3. Establishment of State Library Board. (1) There shall be established for the State a Board to be known as the Delta State Library Board. (2) The Board shall be a body corporate with perpetual succession and a common seal and and shall have power to sue and be sued in its corporate name and to acquire, hold dispose of movable and immovable property.

4. Constitution of the Board. (1) The Board shall include the Chairman and three other members appointed as in section (1) above. (2) The appointment of the Chairman and the members shall be notified by publication in the State Gazette. (3) The Chairman and the members shall, subject to the pleasure of the Appropriate authority, hold office for a term of three years but shall be eligible for re-appointment. (4) The Board shall consist of- (a) the Chairman and three other members appointed as in subsection (1) above; (b) the Permanent Secretary in the State Ministry of Education or his representative; and (c) the Librarian: Provided that no person shall be qualified to be appointed to the Board unless he is a reputable author, a publisher, legal practitioner or educationist.

5. Salaries and remuneration to Chairman and members. There shall be paid to the Chairman and members such salaries, remuneration or allowances as the appropriate authority may from time to time determine.

6. Resignation and termination of appointment. (1) The Chairman or any member may resign his appointment by notice in writing under his hand addressed to the appropriate authority and upon the acceptance of such notice by the appropriate authority the appointment of such person shall come to an end. (2) The seat of the Chairman or a member shall become vacant on the occurrence of any of the following events- (a) his death; (b) his inability resulting from any cause to discharge the functions of his office; (c) his conviction for a criminal offence involving fraud, dishonesty or moral turpitude; (d) his resignation; (e) the dissolution of the Board; and (f) his removal by the appropriate authority.

7. Power to co-opt. Whenever in the opinion of the Board it is expedient or desirable to obtain the service or advice of any person upon any matter, the Chairman may. co-opt such person to be a member at any such meeting of the Board as may be required and such person shall, when so co-opted, have all the rights and privileges of a member save that he shall not be entitled to vote.

8. Procedure and meetings. (1) The Board shall hold meetings at least once in every three months and at such other times as may be expedient for the transaction of its business meetings and such meeting shall be held at such places and times and on such days as the Board may determine. (2) The Chairman shall preside at every meeting of the Board at which he is present and in his absence the members present at the meeting shall by a simple majority of votes appoint one of their members to preside thereat. (3) Every decision or resolution taken or passed at a Board meeting shall be decided by a simple majority vote of the members present and voting and in the event of an equality of votes the Chairman or in his absence the member presiding shall have a casting vote in addition to his original vote. (4) Three members of the Board including the Chairman or in his absence the member presiding shall form a quorum. (5) Notwithstanding the provisions of subsection (1) of this section, any three members of the Board may by notice in writing signed by them request the Chairman to convene a meeting of the Board for such purposes as may be set out in the notice and the Chairman shall convene a meeting of the Board accordingly. (6) The validity of any proceedings of the Board shall not be affected by any vacancy in the constitution or membership of the Board or any defect or irregularity in the appointment of a member. (7) Subject to the foregoing provisions of this section the Board shall have power to regulate its proceedings and may make standing orders for such purpose.

9. Functions and powers of the Board. (1) It shall be the duty of the Board, subject to the provisions of this law- (a) to establish and maintain in accordance with this Law a State Library Service; (b) to provide, in accordance with this Law, such services as are in the opinion of the Board usually provided by libraries of the highest standard (c) to be responsible for all the existing State and local government council libraries including those in the Ministries which shall by the provisions of this subsection come under control of the Board except those in the Judiciary and the Ministry of Justice or a tertiary institution established by Law; (d) to be responsible for and to encourage the establishment of libraries in the State and make available to the various interests and institutions in the State the widest possible range of books and in all areas of human endeavour; (e) to operate in particular- (i) the Readers’ Services Department; (ii) the Collection Development Department; (iii) the Technical Services Department; (iv) the Schools and Special Services Department; (v) the Bookshop Services Department; (vi) the Books Exhibition and Fairs Department; (vii) the Binding and Preservation of Books Department; (viii) the Computer and Electronic Library Department; (ix) such other departments as the Board may think fit. (2) For the purpose pf enabling it to carry out the functions assigned to it under the last preceding subsection, the Board shall have power- (a) to assemble, maintain and extend such collection of books, periodicals, pamphlets, newspapers, maps and charts, musical scores, films, sound recordings and such other materials as the Board may consider appropriate for the effective discharge of its duties under this Law; (b) to establish arid maintain branches of the State Library at such suitable centres in the State as the Board may from time to time determine; (c) to make the facilities of the State Library available to members of the public on proper terms which may include- (i) the imposition of scale of. fees, subject to the approval of the appropriate authority, for services rendered to the public; (ii) the imposition of fines for damage to or loss of any property of the Board; (iii) restricting the class of persons who may be admitted .into the premises under the control of the Board. (d) to make such arrangements as the Board may consider appropriate with respect to- (i) the exchange of materials included in the collection aforesaid among the various branches of the State Library and other libraries; (ii) the preparation and publication of catalogue indexes and similar aids; (iii) the rendering of assistance and advice to private individuals or institutions interested in the establishment of private libraries. (e) to either alone or in conjunction with any person organise book fairs, literary competitions, plays and other activities compatible with modern library services; (f) to open sales divisions by acquiring books directly from publishers for sale to users of the Library and members of the reading public; (g) to encourage a reading culture especially among children and the youths; (h) to accept legal deposits and recover such legal deposits from publishers doing business in the State; (i) to render consultancy services on private library development and book acquisition.

10. Directions by appropriate authority. The appropriate authority may as the circumstances require give to the Board directions of a general or specific character with regard to the exercise and performance of its functions and the Board shall give effect to such directions.

11. Officers and employees of the Board. The Board may subject to the approval of the appropriate authority- (a) from time to time appoint upon such salaries, terms and conditions as it may think fit such suitable persons as officers and employees as may be necessary for the proper and efficient conduct of the operations of the Board; (b) make rules governing the grant of pensions, gratuities and retirement benefits to officers and employees of the Board; (c) grant pensions, gratuities and retirement benefits to officers and employees of the Board; (d) make rules requiring officers and employees of the Board to contribute to any provident fund scheme; (e) provide or secure the provision of facilities including the grant of loans for the officers and employees of the Board for the purpose of enabling them to advance their skill in librarianship.

12. Appointment and functions of State Librarian of Library Service. (1) There shall be a Librarian who shall be appointed by the Governor on the recommendation of the appropriate authority and shall be a person appearing to the appropriate authority to possess the Requisite ability in the organisation and administration of library development and services. (2) The Librarian shall hold and vacate office in accordance with the terms of the instrument by which he was appointed. (3) Subject to the Board’s general control, the Librarian shall have the responsibility of the day to day administration of the technical and administrative functions of the Board.

13. Appointment of departmental heads. The Board shall from time to time appoint directors who shall take responsibilities for the Various departments of the Board and shall be persons with appropriate professional qualification in their various fields and shall be answerable to the Librarian. (1) The Board shall appoint a Secretary.to the Board who shall be the head of personnel and administration department of the Board, and shall delegate to the Secretary such function of the Board as are necessary for giving effect to the routine administration of the affairs of the Board and for that purpose may from time to time issue instructions under its common seal. (2) Subject to the overall control by the Board, the Secretary shall be directly responsible to the Librarian.

14. Deposit of new publication. (1) The publisher of every book published in the State shall within one month of such publication deliver at his own expense to the Library four copies of the book. (2) Where any printed matter (other than matters of such description as the State may purposes of public security classify to be of restricted circulation) is published by or on behalf of any department of State, it shall be the duty of the officer in charge of the department to deliver forthwith to the Librarian for lodgment in the State Library two copies of such publication. (3) A publisher who fails to comply with the provisions of subsection (1) of this section shall be liable to a fine of ten thousand naira or to six months imprisonment and the court before which he is convicted shall in addition order him to deliver to the Librarian four copies of such publication. (4) The obligation imposed by this section shall be additional to any similar obligations which may be imposed by any other enactment. (5) In this section- “books” includes- a) text books, pamphlets, maps, charts, plans, statistical tables and compilations; b. dramatic and musical works; (c) encyclopedias, dictionaries, year books, newspapers, magazines and similar periodicals; (d) any works written in distinct parts by different authors in which any parts of such works are incorporated and every part of division thereof; (e) anything in permanent form that can be used to convey information to any person by any of the senses. “publisher” in relation to a book means any person or body of persons other than the Federal or a State Government authorising or causing the book to be printed and distributed in the State.

15. Financial provisions. (1) The funds and resources of the Board shall consist of- (a) such sums as may be provided by the State Government or a local government; (b) such sums as may be borrowed by the Board in accordance with the provisions of section 17 of this Law; (c) all sums collected or received by the Board in the execution of this Law; and (d) all other sums or property of whatever kind which may in any manner become payable to or vested in the Board. (2) Local Government: compulsory assistance- Each local government council shall provide the Board with a suitable building for the purpose of establishing a public library in the headquarters of such local government when none already exists and shall make an annual grant of two hundred thousand naira to the Board to buy books for such public library and such books shall not be moved from the local government council to another council. (3) The receipts of the Board on a revenue account in any financial year shall be applied in payment of the following charges- (a) the salaries, remuneration and other allowances payable to members of the Board; (b) the salaries, remuneration, pensions, superannuation and other allowances and gratuities payable to the Librarian and the other officers and employees of the Board; (c) expenditure on the acquisition, maintenance and replacement of any property vested in the Board; (d) interest due on any monies borrowed by the Board under section 17 of this Law; (e) such sums as may be required by the Board to be transferred to a sinking fund; (f) such sums as may be allocated to the general reserve established in accordance with section 16 of this Law; (g) the purchase of books, equipment and other related materials for use by the Board; (h) such other charges as may be reasonably incurred by the Board in the performance of its duties under this Law. (4) Subject to the foregoing provisions of this section, the appropriate authority may, with the approval of the Governor, issue to the Board directives relating to thie purpose for which surplus funds may be applied.

16. General reserve. (1) The Board is hereby authorised to establish and maintain a general reserve into which shall be paid such sums of money as the Board may from time to time allocate. (2) The management of the general reserve shall be as the Board may, with the approval of the appropriate authority, determine: Provided that no part of the money comprised m the general reserve shall be applied otherwise than for purposes authorised by this Law.

17. Powers of borrowing and investment. (1) The Board may with the consent of the appropriate authority borrow by way of overdraft or otherwise such sums as the Board may require for meeting its obligations and discharging its functions under this Law and the sums aforesaid may be borrowed from the State Government or from such other persons and upon such terms .and condition as the appropriate authority may approve. (2) The Board may invest all or any portion of its funds in such manner as the appropriate authority may approve.

18. Accounts and audit. (1) The Board shall keep proper accounts of its transactions and audit records relating thereto and shall prepare in respect of every financial year a statement of account in such form as the Auditor-General of the State may require. (2) The accounts of the Board shall be audited by the Auditor-General of the State or officers from his office. (3) The Board shall, soon, after its accounts shall have been audited furnish the appropriate authority with a copy of the statement of account together with a copy of the auditor’s report.

19. Annual report. (1) The Board shall prepare and submit to the appropriate authority not later than the 30tl day of March in every financial year an annual report in such form as the appropriate authority may direct on the activities of the Board during the last preceding financial year and every such annual report shall have annexed thereto a copy of the. auditor’s report for that last preceding financial year. (2) The appropriate authority shall cause to be laid before the Governor, as soon as may be, a copy of every annual report submitted to him in accordance with this section. (3) Notwithstanding any information which may be contained in the annual report, the appropriate authority may by a written notice, served on the Librarian, require the Board to furnish the appropriate authority with any information relating to such matters within the competence of the Board as may be specified in the notice.

20. Staff regulations. The Board may with the approval of the appropriate authority make staff regulations prescribing the conditions of service of the officers and employees of the Board and in particular, without prejudice to the generality of the foregoing, providing for- (a) the appointment, dismissal and discipline of its officers and employees; (b) payment of salaries, remuneration and other allowances to its officers and employees; (c) leave entitlements; (d) appeals by its officers and employees against dismissal and other disciplinary measures; (e) the granting of pensions, gratuities and other retiring benefits to its officers and employees and their dependants; (f) the establishment and maintenance of medical benefit funds, superannuation and provident funds; (g) such other matters as the Board may think fit in relation to its powers and functions under this Law.

21. Scheduled service. In connection with any scheme for the payment of pensions and gratuities under section 20 of this Law, the appropriate authority may, with the approval of the Governor, by order in the State Gazette declare the service under the Board as scheduled service and any service previously rendered by any of its officers and employees under the State Government or any of its agencies provided, however, that a similar scheme existed in the previous service, and any service so declared shall, for the purpose of calculating the quantum of pension and gratuity entitlement or benefits receivable under the scheme, be included in reckoning the number of years of service of such officers and employees.

22. The seal of the Board. (1) Any contract or instrument which if entered into or executed by a person not being a body corporate could not be required to be under seal may be made on behalf of the Board by any person generally or specifically authorised to act for that purpose by the Board. (2) Any document purporting to be a document duly executed or issued under the seal of the Board shall, unless the contrary is proved, be deemed to a document so executed or issued as the case may be. (3) The seal of the Board shall be authenticated by the signature of the Chairman (or any member authorised by the Board) and the Secretary.