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 ENATCHMENT  PERPUSTAM 93



I ASSENT,

TUN DATUK SERI UTAMA
SYED AHMAD AL-HAJ BIN SYED MAHMUD SHAHABUDIN,

Speaker of the State,
Malacca.

16th. April 1994.

An Enactment to amend the Public Library of Malacca Enactment 1975.

IT IS HEREBY enacted by the Legislature of the State of Melaka as follows:

 

 

 

1. This Act may be cited as the Public Library of Malacca Enactment (Amendment) 1993.

 

 

2. Section 2 of the Public Library of Malacca Enactment 1975, referred to as the "Enactment mother", is amended -

(A) by deleting the definition of "book" and inserting immediately after the following new definition:

"Library material" means any form of written, printed or graphic, including handwritten material, typed, books, newspapers, periodicals, photographs, maps, drawings and other graphic arts, film, film gukungan, records , cassettes, compact cekara, tape recordings and other recordings on paper, film or other material, and the copying of audio-visual equipment including; "and

(B) by substituting the number "15" in the definition of "member" dangan number "16" and

(C) by inserting after the definition of "member" the following new definition:

"State Librarian" means the State Librarian appointed under section 12; '.

 

 

3. Section 7 of the principal enactment is amended by replacing the word "eight" in subsection (1) the word "five".

 

 

4. Section 9 of the principal enactment is amended by substituting for the full stop at the end of paragraph (j) a semicolon and inserting after paragraph (j) the following new paragraph (k), (l), (m), (n) and (o) the following:

"(K) with the consent of the State Authority, exchange, lend, sell or otherwise dispose of library materials and any other property belonging to the Corporation which in its opinion appropriate tidal kept or required for such purposes;

(L) engage in any commercial activities and the community for the purpose of promoting and developing the public library and its services in the State;

(M) publish or sponsor the publication of documentary films and other audio-visual materials to promote public awareness about the importance of reading:

(N) an exhibition, lectures, activities and classes and to charge and receive fees in respect of any services provided by the Corporation or with respect to the entry of persons into any exhibition, lectures, activities and classes operated by the Corporation, and

(O) to do such other matters as may be deemed fit to carry out the functions and powers effectively. ".

 

 

5. Enactment is amended by substituting section 12 with a new section 12, 12A, 12B, 12C, 12D, and 12e of the following:

12. (1) The Corporation may, with the approval of the State Authority in advance, appoint a State Librarian, who shall be the chief executive officer of the Corporation and vest him with such powers and impose upon him such duties as may be prescribed or delegated to him by the Corporation.

(2) Appointment of State Librarian shall be on such terms and conditions as may be determined by the Corporation with the approval of the State.

12A. (1) State Librarian shall be responsible for:

(A) the provision of programs, schemes and projects for consideration by the Corporation;

(B) the implementation of all programs, schemes and projects of the Corporation;

(C) always inform the Corporation in full progress of programs, schemes and projects;

(D) to issue policy guidelines or explain the results of the Corporation to officers and employees of the Corporation;

(E) the execution of decisions of the Corporation and the instructions of the Chairman;

(F) the supervision and control over the execution of decisions of the Corporation;

(G) the planning of all activities related to public libraries and public library services including research, preservation, documentation and exhibition of library materials;

(H) maintenance of buildings and other structures or property belonging to the Corporation, and

(I) the administration and proper management, the functions and affairs of the Corporation in accordance with the policies adopted by the Corporation.

(2) State Librarian shall have general control over the officers and employees of the Corporation.

(3) State Library Officer shall perform such additional duties as directed by the Corporation from time to time.

(4) If the State Librarian is temporarily absent from Malaysia or temporarily incapacitated, by reason of illness or for any other sufficient reason, to perform his duties, the Corporation may direct any other officer performs the State Librarian job
absence or temporary incapacity.

12B. (1) Subject to subsection (2) and any fixed regulations made under paragraph (c), (d) and (e) of section 23, the Corporation may appoint from time to time, upon such terms and conditions, such number of officers and other employees as it deems appropriate and necessary to carry out the purposes of
This Act.

(2) Notwithstanding the provisions of subsection (1), the Corporation may not create or modify any post or scheme of service for the officers and employees of the Corporation, including the terms and conditions of service and salary, without the approval of the State .

12C. (1) There shall be a Disciplinary Board of the Corporation shall consist of:

(A) two members to be elected by members dandaripada Corporation, one of whom shall be appointed as Chairman, and

(B) State Librarian.

(2) The disciplinary authority in respect of every officer and employee of the Corporation, other than the State Perpusatkaan Officer, the Disciplinary Board of the Corporation is established under subsection (1).

(3) Disciplinary Board in respect of the State Librarian shall consist of three members to be elected by and from the members of the Corporation, who shall be appointed as Chairman, provided that if the State Librarian is an officer in the public service of the Federation he shall be subject to the Disciplinary Board of the Public Service Commission.

(4) The State Library can not be members of the Disciplinary Board or disciplinary committee established under subsection (6) in any proceedings before the Board or the Committee that he is the complainant; place shall be taken by a member to be elected by and from
members of the Corporation.

(5) In the exercise of its functions and its disciplinary powers, the Disciplinary Board shall have the power to impose such disciplinary punishment as may be provided under any fixed rules that may be made under section 23.

(6) The Disciplinary Board may, subject to subsection (7), delegate any of its disciplinary functions and powers to any committee of officers or employees of the Corporation to be known as the Disciplinary Committee, with respect to any class or category of officers or employees of the Corporation, and Disciplinary Committee delegated its functions and powers shall be carry out, exercise or discharge them under the direction and control of the Disciplinary Board shall have the power to review, rescind or vary any decision or finding of the committee.

(7) No delegation shall be made under subsection (6) to allow an officer or employee of the Corporation to be a member of the manaa Disciplinary Committee may exercise any disciplinary authority over an officer or employee rank.

12D. (1) There shall be a Disciplinary Appeal Board of the Corporation shall consist of -

(A) The Chairman of the Corporation as Chairman;

(B) The Secretary of State, and

(C) State Law Advisor.

(2) Any officer or employee of the Corporation who are not satisfied with the decision of the Disciplinary Committee or any Disciplinary Committee delegated its functions and powers under section 12C (6) may, within fourteen days, appeal writing to appeal the decision to the Disciplinary Board may thereupon affirm, reverse or give such directions in the matter as he thinks fit and proper.

(3) When the Disciplinary Appeal Board consider any appeal under subsection (2), no member of the Disciplinary Board or the Disciplinary Committee, as the case may be, the appeal is made, may attend any proceedings relating to it.

(4) The decision of the Disciplinary Appeal Board on appeal shall be final and conclusive.

12e. All officers and employees of the Corporation, in the performance of their functions as officers and employees of the Corporation, shall be deemed to be public servants within the meaning of the Penal Code. ".

 

 

6. Section 16 of the principal enactment is amended -

(A) by renumbering the existing provision as subsection (2), and

(B) inserting after subsection (2) in the renumbered subsection (1) the following new

"(1) For the purposes of this Act, the Corporation shall establish, administer and control a Fund to be known as the" Public Library Fund. "".

 

 

7. Section 17 of the principal enactment is amended by substituting for the full stop at the end of paragraph (f) a semicolon and inserting after paragraph (f) the following new paragraph (g) of the following:

"(G) the granting of loans to officers and employees of the Corporation for the purposes approved by the State.".

 

 

8. Enactment is amended by inserting after section 17 the following new section 17A:

17A. (1) Expenses of the Corporation to be allowed by the State for any one year shall be paid from the Fund.

(2) Prior to the beginning of September each year, the Corporation shall submit to the State Authority an estimate of expenses (including expenses for development projects) for the following year in such form and containing such particulars as may be directed by the State Authority, and before the beginning of the State Authority shall notify the Corporation of the amount authorized for expenditure generally or of the amounts authorized for each type of expenditure.

(3) The Corporation may at any time submit to the State Authority a supplementary estimate for any one year and the State Authority may allow the whole or any part of the additional expenditure included in the supplementary budget. ".

 

 

9. Enactment is amended by inserting after section 20, in Part V, the following new section 20A:

20A. (1) If it appears to the Corporation that any person who is or was employed by the Corporation -

(A) has failed to collect any moneys owing to the Corporation's collection-collection of the duty;

(B) is or was responsible for any improper payment of money from the Fund should not be made or the payment of any money not duly approved;

(C) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Corporation:

(D) to be, or has been, an accounting officer, fails or has failed to keep proper accounts or records; or

(E) has failed to make any payment, or is or was responsible for any delay in payment, the money from the Fund, to any person to whom such payment is due under any contract, agreement or arrangement made between the person and the Corporation,

Corporation shall serve a written notice on him to show cause why he should not be surcharged, and if a satisfactory explanation is not given, within fourteen days from the date of service of the notice as aforesaid, to the Corporation in respect of the failure to collect, improper payment made, payment diluluskandengan not vouched, deficiency or destruction of, or failure to keep proper accounts or records, or failure to pay, or delay in making payment, the Corporation may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss or destruction of the property, whichever is applicable, and to the failure to keep proper accounts or records
, or the failure to make payments, ataukelambatan in making payment, the Corporation may surcharge any sum of money to the person as the Corporation thinks fit.

(2) The Chairman shall cause the State Librarian notified of any surcharge made under subsection (1) and State Librarian shall thereupon notify the person surcharged.

(3) The Corporation may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Chairman shall immediately cause the State Librarian notified of the withdrawal.

(4) The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt payable to the Corporation from the person against whom the surcharge is made and may be sued for and recovered in any suit of the Corporation and may also
SP recovered deduction -

(A) from the salary of the person surcharged if the Corporation so directs, or

(B) from the pension of the person surcharged, if the Corporation so directs, by equal monthly installments not exceeding one-fourth of the jumlahgaji or monthly pension, as the case may be, of the person. ".

 

 

10. Enactment of Section 23 is amended by inserting after paragraph (d), a new paragraph (da) and (db) the following:

"(Da) the manner in which and the terms and conditions on which loans may be granted to officers and employees of the Corporation under paragraph (g) of section 17 and its purpose;

(Db) for the discipline of the officers and employees of the Corporation which may include:

(I) the provisions for the interdiction and reduction in salary or other remuneration or for the suspension without salary or other remuneration, of an officer or employee during the pendency of disciplinary proceedings;

(Ii) the consummation of any disciplinary offenses and provide provisions for such disciplinary punishment as may be deemed appropriate by the Corporation, and the punishments so provided may extend to dismissal or reduction in rank, and

(Iii) prosrdur for disciplinary proceedings to an officer or employee of the Corporation against whom proceedings are taken to make representations before a decision is taken by the disciplinary authority on the disciplinary charge laid against the officer or employee. ".

 

 

11. Enactment is amended by inserting after section 24 the following new section 24A -

24A. The State Authority may give to the Corporation such directions of a general character, which is not inconsistent with the provisions of this Act, on the implementation of the functions and the exercise of the powers of the Corporation and the Corporation shall give effect to such directions. ".

 

 

12. Enactment is amended:

(A) by substituting the word "books" in which they appear with the words "library materials" and

(B) by substituting the words "Library of Adventure" wherever it appears with the words "mobile library".

Passed in the State Legislative Assembly meeting was convened on 4th December 1993.

 

 

 


TENGKU MUHAMAD BIN TENGKU ABDULLAH,

The Secretary,
State Assembly,
Malacca.

 

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