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 ENATCHMENT PERPUSTAM 75

 

I ASSENT,

TAN SRI SYED ZAHIRUDDIN BIN 
SYED HASSAN,

Gabenor.

9th. July, 1975.


Enactment to provide for the establishment of a Public Library Melaka and matters relating thereto.


(31hb. July 1975)


IT IS HEREBY enacted by the Malacca State Legislative power as follows:

 

 

 

Part I

 

PRELIMINARY

 

 

1. (1) This Act may be cited as the Public Library of Malacca Enactment, 1975.

 

(2) of this Act shall come into force on a date to be appointed by the Governor with
notification in the Government Gazette.

 

 

 

2. In this Act, unless his texts give another meaning -

 

"Book" means any form of written or graphic records, including copy editors, typeset, books, newspapers, periodicals, music, photographs, maps, manuscripts print, painting and other forms of graphic drawing, film, roll film, record gramophone, recorded tapes and other written records, films or other material, and copying;

 

"Chairman" means the Chairman of the Corporation appointed under section 4;

 

"Corporation" means the Public Library of Malacca established pursuant to Section 3;

 

"Financial Year" means a period of not more than twelve months and not less than six months ended 31th. December;

 

"the Fund" means the fund established pursuant to Section 15;

 

"Traveler's Library" means a library of moving from one place to another within the State in a vehicle adapted for this purpose;

 

"Public Library" means Public Library Melaka established, managed or maintained by the Corporation in accordance with Section 8 and including libraries and libraries organized hiking, managed or
maintained in accordance with Section 9;

 

"State" means the state of Malacca.

 

 

Bahagian II

 

 

CORPORATION

 

 

 

3. (1) Public Library Melaka hereby established which shall be a statutory body, and shall have the hereditary right of permanent and can sue or be sued in its name, and tersyarat to and for the purposes of this Act, may enter into contracts, can obtain purchase, own and benefit from property that can be moved and can not be transferred out of every kind and can deliver, deliver the right, continue to submit, release, exchange, pledge, lease, assign rights
Reproduction, transfer, or otherwise isolate or manage any property that can be moved or can not be transferred is up to the Corporation in accordance with the terms of the Corporation thinks fit.

 

(2) The Corporation shall have a common seal and such seal may from time to time be revamped, altered, changed or made anew as the Corporation thinks fit, and until a seal held pursuant to this section, a stamp bearing the name The Corporation may be used as a mark
common seal.

 

(3) Cap seal or the seal of the Corporation shall be officially known and enforced by law.

 

4. (1) The Corporation shall consist of the following members:

 

(A) a Chairman;
(B) a Deputy Chairman;
(C) a representative of the Library Association of Malaysia;
(D) a representative of the organizing body of the National Library;
(E) State Secretary, State Financial Officer and Director of Education or their representatives;
(F) eight other members to be appointed by the Chief Minister, two of whom shall be representatives of the Association of Arts or Cultural registered.

 

(2) The Chairman and Deputy Chairman shall be appointed by the Governor in Council and shall hold office for three years unless the appointment is revoked or vacated earlier or he resigned in advance.

 

(3) The members referred to in paragraph (f) of subsection (1) shall hold office for one year unless the appointment is revoked or vacated earlier or he resigned in advance.

 

(4) The members referred to in paragraph (a), (b), (c) and (f) of subsection (1) may be reappointed after the expiration of his term of office.

 

(5) In the absence of the Chairman, the Deputy Chairman shall have all the powers of the Chairman.

 

(6) At the time of ill-health due to illness or for any other reason, or at the time ketidaan while the Chairman or Deputy Chairman of the Federation Chief Minister may appoint any person to be a temporary Chairman and shall have all the powers of the Chairman.

 

(7) Any vacancy shall be filled by any person appointed by the Chief Minister;

 

Provided that such action or proceeding of the Corporation shall fall due or valid legal occurring only in connection with any vacancies existing at the time of any action or trial.

 

 

 

5. (1) The Chairman and Deputy Chairman shall be appointed according to the terms and conditions as may be determined by the Chief Minister.

 

(2) The members of the Corporation may be paid traveling allowances or other allowances in respect of their attendance at meetings of the Corporation or to perform any duty of the Corporation as may be determined by the Chief Minister.

 

 

 

6. (1) The Corporation shall meet at least twice a year.

 

(2) Meeting of the Corporation shall be held at times and places as may be determined or to be determined by the Chairman repay.

 

(3) The Chairman may at any time call a meeting of the Corporation and after receiving the written request of not less than eight members shall call a special meeting within one month from the date of the request.

 

(4) Remarks meeting every meeting of the Corporation shall be kept and shall be confirmed and signed by the Chairman as soon as possible thereafter in the subsequent meeting.

 

(5) The Corporation may invite one or more persons to attend any meeting of the Corporation to assist or advise the Corporation but those who were invited shall not be entitled to vote.

 

 

 

 

7. (1) The quorum at all meetings of the Corporation shall be eight members.

 

(2) In the event of an equality of votes on any question to be determined by the Corporation, the Chairman shall have one vote permutus other than the original vote.

 

Part  III

 

POWERS AND DUTIES OF THE CORPORATION

 

 

8. The duties of the Corporation shall be;

 

(A) establish, equip, manage and maintain a public library.;
(B) to encourage and promote reading, especially in Bahasa Malaysia;
(C) encourage and promote the use of books in the public library as a reference and to be borrowed, provided proper oversight of the loss or damage;
(D) provide a collection of complete books about or published in the State;
(E) obtain and provide information and service center usahasil libraries in the State on behalf of the National Library;
(F) is an agency of the manager to borrow and exchange books keel between the State level and at the Public Library of the National Library;
(G) to provide references, bibliography and inter-library loans to State Departments and the State Assembly;
(H) do all other matters and things as are reasonably necessary for all or any purposes of this Act.

 

9. The Corporation may -

 

(A) establish, manage and maintain a public library branches at any place within the State;
(B) provide and maintain libraries wanderer;
(C) oversee libraries departments of the State Government in the State;
(D) purchase, barter, borrow and receive books and other property that can be moved in relation to the establishment and management of public libraries;
(E) purchase, barter, lease a parcel of land, buildings and other property that can be transferred to the establishment of the Public Library and for any purpose that is required to perform the duties of the Corporation;
(F) take any library which is in effect, with the permission of the State Library, and is associated with it can bind a reasonable contract or alliance with any person, club, association or local government with the consent of the Governor in a meeting;
(G) making contact and cooperate to the extent and under the conditions that could conceivably have with other libraries, institutions of higher learning or any other International Organizations in the State either Malaysia or overseas;
(H) to provide training for people to carry out the duties of librarians and other library staff on the job;
(I) appoint special committees may be given any administrative duties;
(J) enter into any contract or other acts or things necessary and proper to carry out the purposes of this Act.

 

10. The Corporation may from time to time borrow and interest rates for long and according to the conditions of the time and a way to pay back and get a refund and other means as may be approved by the Governor in a meeting, any amount of money needed to finance any capital expenditure for the following purposes:

 

(A) the compensation payable if the Corporation to acquire land;
(B) expenses of acquiring the land, building or other property that may be transferred for the purpose of this Act;
(C) expenses for the Public Library building and the purchase of a vehicle for establishing library bengunan or hiking or repair of vehicles and work in relation thereto;
(D) The expenses of buying books, and
(E) any other reasonable and necessary expenses in carrying out the purposes of this Act.

 

 

 

11. The Corporation may invest any part Kumpulanwangnya are not required to use immediately in any of the authorized investment if the Trustee Ordinance, 1949 or in accordance with the method as may be approved by the Chief Minister.

 

 

Part IV

 

OFFICERS, EMPLOYEES, AND OTHERS THAT AGAIN CHARGE OF THE CORPORATION

 

 

12. (1) Conditional to the provision of Standing Order made under section 23, the Corporation may appoint such officers and employees as may be required for the purposes of this Act. Provided that the officers and staff at any library in the state effect, taken over by the Corporation will be absorbed as Officers and Employees of the Corporation.

 

(2) The officers and employees of the Corporation shall be under the administrative control of the Chairman or an officer appointed by the Chairman.

 

(3) The members, officers and employees of the Corporation shall be treated as public servants within the meaning of the Penal Code.

 

13. Corporation with the approval of the Chief Minister may employ and pay for technical advisers or associations as a solicitor, bank manager, evaluator or specialist library, to maintain any particular business or make any action required to be maintained or made to carry out the duties of the Corporation or to perform well the purposes of this Act and to pay all fees and expenses incurred.

 

14. Protection Ordinance, the public authorities, 1948 to be exposed to any action, suit, prosecution or proceeding against the Corporation or against any member, officer, employee or agent of the Corporation in respect of any act, neglect or default done or not done if the Corporation or
person in the office.

 

15. (1) The Corporation shall have a large office in or on the place that may be prescribed by the Corporation from time to time and approved if the Chief Minister.

 

(2) The Corporation may establish other offices as the Corporation thinks fit.

 

 

 

Part V

 

MONEY AND REVENUE CORPORATION

 

16. Funds of the Corporation shall consist of -

 

(A) so that the yield of the State Assembly from time to time for that purpose;
(B) so money can be contributed by the authorities mentioned in the table for the purposes of the Corporation;
(C) so as money can be donated by the State or Federal Government, the Government of any other State or by any other person from time to time for the purposes of financial systems;
(D) so money as possible from time to time by the Corporation by way of a loan;
(E) so as the money collected by the Corporation by way of fees or fines;
(F) all of the benefits from the investment portion of the Fund Corporation;
(G) all other sums as may be available to the Corporation directly or indirectly from the property can be transferred or not transferred belonging to the Corporation.

 

17. Fund Corporation may be used to cover the fees of the following -

 

(A) The allowance for members to attend the meeting at the rates as may be approved by the Governor in Council;
(B) the salaries, fees or charges to officers, agents and employees, and technical advisers or other advisers of the Corporation;
(C) all costs charges and expenses of and in connection with the implementation of the powers of the Corporation under this Act;
(D) interest on any loan made pursuant to law by the Corporation;
(E) money required to repay the money borrowed;
(F) so that considers reasonable money to be set aside on the decrease in property financial systems.

 

 

 

18. (1) All money paid to the Corporation shall further put into an account in a bank or banks as may be approved by the Corporation.

 

(2) All orders or checks on the account shall be signed by the Chairman and a member authorized by the Corporation.

 

19. (1) The Corporation shall maintain proper accounts and other records in respect of the proceedings and shall cause to be prepared a statement of account of the financial year.

 

(2) The accounts of the Corporation shall dioditkan every year by the Auditor General.

 

(3) At the end of each financial year, once the account has been dioditkan Corporation, the Corporation shall cause a copy of the statement presented to the Governor in Council and to the National Library together with a copy of any statement made by the Auditor General of
any statement of accounts of the Corporation.

 

20. (1) Corporation as soon as possible after the end of each financial year, shall cause to be made and dismpaikan to the Governor in Council and to the National Library of radically report on the activities of the Corporation during the financial year just past, and contain so information about the proceedings and policy of the Corporation as the Governor in Council may direct.

 

(2) A copy of each such report shall be laid on the table of the Legislative Assembly meeting.

 

 

 

Part VI

VARIOUS

 

 

21. Any person in any part of the public library established, maintained or managed by the Corporation, that annoys or interferes with any person using -

 

(A) conduct an unordered list, or

 

(B) use crude language, cursing or obscene words, or

 

(C) the bet or gamble, or

 

(D) the last given proper warning still insist in it than the time set for the close of the Public Library, shall be guilty of an offense and upon being found guilty can be punished with a fine not exceeding three hundred dollars or two months in jail, or on a second offense or next to a fine not exceeding six hundred dollars or four months in prison.

 

 

22. Any officer or employee of the Corporation appointed under section 12 may arrest without warrant -

 

(A) any person who has committed or attempted to commit any offense against the current presence of this Act or the regulations made thereunder involving security impairment, or

 

(B) any person who has committed during his presence any offense against this Act or the regulations made thereunder and who refuses or fails from giving full and correct name and address when required; or

 

(C) any person who has been issued a warrant under this Act or the regulations made thereunder is still there, even if the warrant is not in his possession and shall turn led or directed to be brought in front of a police officer.

 

 

 

 

23. Corporation with the concurrence of the Minister may make regulations Fixed inconsistent with the provisions of this Act -

 

(A) prescribing rules for the meeting of the Corporation;

 

(B) prescribing the method in which the documents and attachments of any kind shall be signed or executed on behalf of the Corporation;

 

(C) prescribing the responsibilities and control of officers and employees of the Corporation;

 

(D) prescribing the circumstances in which the officers and employees of the Corporation may receive travel expenses and allowances;

 

(E) in general perform the powers and duties of the Corporation of the provisions of this Act.

 

24. (1) The Corporation may by resolution at a meeting of the Corporation to make regulations generally for carrying out the purposes of this Act the better and in particular and without damaging the whole of the last rule, make such regulations are -

 

(A) regulate the constitution of the Public Library;

 

(B) prescribing the form of application to be a member of the public library;

 

(C) require any person using the Public Library guarantees or liabilities;

 

(D) regulate suspend, cancel, terminate or disqualify members of the Public Library;

 

(E) regulate the use of public library and public library and requires protection of its contents destroyed, destroyed or misused;

 

(F) regulate the quality of maintenance and proper conduct of the members of the Public Library and take action against perlanggarannya;

 

(G) empowers the officers and staff of the Public Library for the separated or deport those who commit any offense against this Act from any building used in connection with the Public Library;

 

(H) regulate the entry of vehicles into the Public Library pages and traffic control;

 

(I) requires the formation of committees;

 

(J) determine how books can be used, referred to or borrowed, and the liability of members of the public library when a book is lost or destroyed, and

 

(K) for any other purpose either of the form similar to the past or not mandatory or appropriate for the management of the public library.

 

(2) Any regulations made under subsection (1) shall not be effective unless confirmed by the Governor in Council and published in the Government Gazette.

 

 

 

Part VII

 

 

 

DISSOLVE CORPORATION

 

 

25. (1) The Governor in Council may, by order published in the Gazette direct that the Corporation shall be dissolved and removed.

 

(2) Any edge of the dissolution of the Corporation shall be deposited into the Consolidated Fund of the State and any deficiency shall be paid from funds approved by the State Assembly.

 

(3) Dissolution of the Corporation shall be conducted in such manner as may be determined by the Governor in Council.

 

(4) Without calculate anything contained in this Act or the regulations made thereunder, the date of the issuance of an order under subsection (1), any member, officer or employee of the Corporation or member
Public libraries should have been deemed to have been validly terminated.

 

Approved in the State Assembly Meeting was convened on six day of June, 1975.

 

 

 

SYED ALI BIN SYED IDRUS ALHABSHI,

Secretary of the State Assembly,
Malacca.

(SUKM. B1/07422 Vol. II.)

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