Malawi Book Service Act
- Commenced on 1 April 1964
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Malawi Book Service Act.
2. InterpretationIn this Act, unless the context otherwise requires—“African Book Centre” means the unincorporated body known as “The African Book Centre”, established in 1949 as an agency of the Northern Rhodesia and Nyasaland Publications Bureau to distribute and sell the products of that Bureau;“Board” means the Board of Management of the Malawi Book Service appointed under section 4 (2);“educational supplies” means books, stationery, furniture, equipment, visual aid apparatus and educational aids of every kind habitually used or capable of being used in the course of or for the purpose of providing or assisting in the provision of instruction in schools or other educational establishments;“Malawi Book Service” means the Malawi Book Service established under section 3;“member” includes the chairman of the Board.
3. Establishment of Malawi Book ServiceThere is hereby established the Malawi Book Service which shall be a body corporate by that name with perpetual succession and a common seal, with power to alter and change the same from time to time, and which shall be capable in law of suing and being sued, of purchasing, holding, letting and alienating land and of doing and performing such acts and things as bodies corporate may by law do and perform, subject to this Act.
4. Constitution of Board
5. Disqualification of members of the BoardNo person shall be eligible for appointment as a member of the Board who—
6. Transfer of assets and liabilities of the African Book Centre to the Board
7. Functions of the BoardThe functions and duties of the Board shall be—
8. Officers and employees of the Malawi Book Service
9. Financial provisionsThe annual revenue of the Malawi Book Service shall include—
10. Financial policy
11. Advances by GovernmentIt shall be lawful for the Malawi Book Service to obtain from time to time, with the prior consent in writing of the Minister of Finance, from the Government advances of money required for the proper carrying out of the functions and duties of the Malawi Book Service in accordance with this Act. Any moneys or advances and any interest accruing thereon shall be a liability of the Malawi Book Service and shall be, and for all purposes deemed to be, the first charge on all the property, real, chattel-real and personal, of the Malawi Book Service present or to come.
12. Access to commercial credit facilitiesIt shall be lawful for the Board to have access to and use such commercial credit facilities as will make financial subventions to the Malawi Book Service by the Government unnecessary, or which will substantially reduce the amount of such financial subventions. The use of such commercial credit facilities by the Malawi Book Service shall in every case be subject to the prior approval in writing of the Minister, after consultation and agreement with the Minister of Finance.
13. Borrowing powers
14. Transfer of functionsThe Minister may by Rules make provision consequential on the assumption by the Malawi Book Service of its functions, under this Act for—
15. Acquisition of landThe Lands Acquisition Act shall apply to the Malawi Book Service as if it were a company within the meaning of that Act.[Cap. 58:04]
16. General powers of the MinisterSubject to this Act, the Malawi Book Service in the performance of its functions and in the exercise of any power conferred upon it by this Act, shall be subject to the general or specific directions of the Minister.
17. Account and reports
18. Legal proceedingsIn any legal proceedings brought by or against it the Malawi Book Service shall appear by and act through any legal practitioner qualified to practise law in Malawi.
19. Indemnity for all acts done bona fide
20. RegulationsThe Minister may make such Regulations as he may deem expedient to give force or effect to this Act or for its better administration.
History of this document
31 December 2014 this version
01 April 1964