|
No. 21 of 2003 |
AN ACT TO ESTABLISH THE NATIONAL
ART GALLERY |
OF THE BAHAMAS, TO PROVIDE FOR THE |
ACQUISITION, PRESERVATION,
MAINTENANCE OF |
COLLECTIONS, PUBLIC EDUCATION TO
FOSTER AND |
ENCOURAGE PUBLIC INTEREST AND FOR
MATTERS |
ANCILLARY THERETO. |
(Date of Assent – 11th
July, 2003) |
Enacted by the Parliament of The
Bahamas. |
1. This Act may be cited as the
National Art Gallery of The Bahamas, Act, 2003. | Short title. |
2. In this Act, unless the
context otherwise requires - | Interpretation. |
"Board" means the National Art Gallery
Board of The Bahamas referred to in section 10; |
"Chairman" means the person appointed,
under paragraph 1(2) of the Schedule, as Chairman of the Board; | Schedule. |
"collections" means any works of art
vested in the Gallery by virtue of section 16 and any works of art acquired by
the Gallery under the provisions of this Act; |
"Deputy Chairman" means the person
appointed under paragraph 1(2) of the Schedule as Deputy Chairman of the
Board; | Schedule. |
"Gallery" means the National Art Gallery
of The Bahamas established to under section 3(1); |
"Minister" means the Minister
responsible for the National Art Gallery; "Secretary" means the
person appointed under paragraph 1(2) of the Schedule as Secretary of the
Board; | Schedule. |
"works of art" includes paintings,
drawings, engravings, prints, graphic art, photographic art, sculpture, statues
and objects of cultural value. |
3.(1) There shall be established a
Gallery to be known as the "National Art Gallery". | The National Art Gallery. |
(2) The Gallery shall be a body
corporate with perpetual succession and a common seal and with power to
acquire, hold and dispose of land and other property of whatever kind, to enter
into contracts, to sue and be sued in its said name and to do all things
necessary for the purposes of this Act. |
4.(1) The common seal of the Gallery
shall be kept in the custody of the Chairman or the Secretary and shall be
affixed to instruments requiring the seal in the presence of the Chairman or a
member of the Board designated by the Chairman and one other member. | Seal of the Gallery. |
(2) The common seal of the Gallery
shall be authenticated by the signature of the Chairman and one other member,
and such seal shall be officially and judicially noticed. |
(3) All documents, other than
those required by law to be under seal, made by, and all decisions of the
Gallery may be signified under the hand of the Chairman of the Board or any
other member of the Board designated by the Chairman. |
5.(1) The Gallery may take steps to
acquire premises in any part of The Bahamas for the purpose of maintaining its
collections in those premises and holding exhibitions of its collections in
those premises, or so much of those collections as from time to time it thinks
fit, and, so long as those premises are held by the Gallery, the premises shall
collectively be known as the National Art Gallery of The Bahamas. | Keeping of collections. |
(2) Subject to the provisions of
this Act, it shall be the duty of the Gallery, as soon as practicable after it
has acquired such premises as aforesaid, to keep the works of art comprised in
its collections in one of those premises. |
(3) Nothing in the foregoing
provisions of this section is to be taken as precluding the Gallery from
exhibiting any of the works of art comprised in its collections at any place,
wherever situate, other than such premises as are mentioned in subsection (2),
or from removing any of those works of art for any purpose, other than
exhibition, or conservation connected with the administration of any such
premises as are so mentioned or the care of its collections. |
(4) Where it appears to the
Gallery that any works of art comprised in its collections cannot conveniently
be kept within any such premises as are mentioned in subsection (2), the Gallery
may store those works of art at such other premises, wherever situate, as
appear to the Gallery to be suitable. |
6.(1) Subject to the provisions of
this Act, the Gallery shall have power to acquire any works of art which in its
opinion it is desirable to add to its collections, or to borrow any works of
art for the purpose of exhibiting such, whether those works of art are located
within or outside The Bahamas. | Power of Gallery to acquire, borrow
and dispose of works of art. |
(2) Subject as aforesaid, the
Gallery may sell, exchange, give away or otherwise dispose of any work of art
vested in it and comprised in its collections if the work of art is a duplicate
of another such work of art or is for any other reason not, in its opinion,
required for retention in those collections. |
(3) Where a work of art has become
vested in the Gallery subject to any trust or condition, the powers conferred
by subsection (2) shall not be exercisable as respects that work of art in a
manner inconsistent with that trust or condition. |
7. The functions of the Gallery
shall be - | Functions of Gallery. |
(a) to secure the due administration
and preservation of the collections of the Gallery; |
(b) to acquire and maintain
outstanding examples of Bahamian works of art, and to maintain and exhibit such
through the Gallery and other buildings serving the purpose of art; |
(c) to educate the public on various
types of works of art; |
(d) to ensure the efficient operation
of the Gallery; |
(e) to cooperate and assist in
collating a collection of high quality works of art; |
(f) to establish a policy on the
categories of works of art to be preserved in the Gallery; |
(g) to care for, preserve and add to
the works of art in the collections of the Gallery; |
(h) to maintain a record relating to
the collections of the Gallery; |
(i) to interact with national and
international organizations concerned with setting high standards in the
operation of a national art Gallery; |
(j) to foster and encourage public
interest in works of art through exhibitions, educational programmes, and
liaison with all sections of the art community; and |
(k) to do all such things as are
incidental to the aforesaid functions or as the Gallery may think conducive to
the attainment of those functions or to the management of the affairs of the
Gallery. |
8. The Gallery shall have power
- | General powers of National Art
Gallery. |
(a) to open bank accounts in its
name, and to prepare budgets; |
(b) to raise funds and invite and
receive contributions and gifts from any person by way of donation or otherwise
for the enrichment and development of culture in The Bahamas; |
(c) to launch appeals to the public
for financial or other support for the Gallery; and |
(d) to operate or lease out a Gallery
shop promoting works of art, books or other cultural artifacts. |
9.(1) Any work of art vested in the
Gallery may be lent by it, subject to the provisions of this section, on such
terms and conditions as the Gallery thinks fit, to any institution whether in
The Bahamas or elsewhere. | Power of Gallery to lend works of
art. |
(2) In exercising the power
conferred by subsection (1) in the case of any work of art, the Gallery shall
have regard to the interests of students and other persons visiting the
collections vested in the Gallery, to the physical condition and degree of
rarity of the work of art, and to any risks to which the work of art is likely
to be exposed. |
10.(1) There shall be established a
board to be known as the "National Art Gallery Board". | Establishment of the Board. |
(2) The management, control and
administration of the National Art Gallery shall be vested in the Board. |
(3) Without prejudice to the
generality of subsection (2) the Board shall have power - |
(a) to control and superintend the
property and policies of the National Art Gallery; |
(b) to appoint on such terms and
conditions as it thinks fit a Director who shall be the managing director of
the Gallery and responsible for the day to day administration of the
Gallery; |
(c) to appoint on such terms and
conditions as it thinks fit a curator who shall be responsible for preserving
and exhibiting the collections of the Gallery; |
(d) to appoint such other
professional, technical, administrative and other staff as appear to the Board
to be necessary, on such terms and conditions (including salaries allowances
and other remuneration and disciplinary control as the Board may
determine; and |
(e) to receive on behalf of the
National Art Gallery gifts, grants or other moneys. |
(4) The Schedule shall have effect
without respect to the constitution, proceedings and staff of the Board and
otherwise in relation thereto. |
11. The Board shall be responsible
for the general direction and control of the Gallery but, in the exercise of
the functions of the Board, the Board shall - | Relations between Minister and
Board. |
(a) give effect to any direction
which the Minister may, after consultation with the Board, give to the Board
under his hand in relation to any matter that appears to him to affect the
public interest, on the policy to be followed by the Board or any action to be
taken on the discharge of its functions; and |
(b) afford to the Minister facilities
for obtaining information with respect to the property and activity of the
Gallery, furnish the Minister with accounts and other information with respect
thereto and afford him facilities for the verification of any information
furnished, in such manner and at such times as the Minister may require. |
12.(1) Where any public officer holding
a pensionable officer under the Government ceases to be the holder of such
office by reason of his transfer with his consent to the service of the Gallery
and such person subsequently retires from the service of the Gallery in such
circumstances that, had he remained a public officer, he would have been
eligible for pension under the provisions of the Pensions Act, then in any such
case the provisions of subsections (2) and (3) shall have effect. | Pensions of persons transferred from
the public service to the Gallery. Ch. 43. |
(2) Any pension payable to any
such person as is mentioned in subsection (1) by the Gallery to whose service
he has been transferred shall be calculated and granted to him in respect of
his total service under the Government and with the Gallery taken together and
such service shall be reckoned as continuous for pension purposes. |
(3) There shall be payable out of
the Consolidated Fund upon the warrant of the Minister of Finance to the
Gallery as contribution to every pension paid in accordance with subsection
(2), such amounts as would have been payable to the person concerned by way of
pension under the Pensions Act, if any such person had retired from the public
service and if he had been granted a pension under the Pensions Act upon the date
of his ceasing to be a public officer. | Ch. 43. |
13. The funds and resources of the
Gallery shall consist of - | Financial provisions. |
(a) such moneys as may be provided by
Parliament; |
(b) such moneys as may from time to
time accrue to the Board from the operation of the Gallery; and |
(c) such other moneys and property as
may in any manner be lawfully paid to or vested in the Gallery whether or not
in respect of any matter incidental to its functions. |
14.(1) The Gallery shall be exempt from
the payment of any duty of customs under the Tariff Act in respect of - | Exemption from the payment of
customs duties, stamp duties and real property tax. Ch. 295. |
(a) works of art acquired by the
Gallery under the provisions of this Act and being imported into The Bahamas
for the purpose of being kept in the Gallery; |
(b) works of art vested in the Gallery
and being re-imported into The Bahamas after having been exported temporarily
from The Bahamas for exhibition outside The Bahamas; and |
(c) works of art borrowed by the
Gallery and imported temporarily into The Bahamas for exhibition in The
Bahamas. |
(2) The Gallery shall be exempt
from the payment of any duty under the Stamp Act in respect of - | Ch. 370. |
(a) import entries of works of art
acquired by the Board under the provisions of this Act and being imported into
The Bahamas for the purpose of being kept in the Gallery; |
(b) export entries of works of art
vested in the Board and being exported temporarily from The Bahamas for
exhibition outside The Bahamas and the import entries relating to their
re-importation; and |
(c) import entries of works of art
borrowed by the Board and imported temporarily into The Bahamas for exhibition
in The Bahamas and the export entries relating to their re-exportation. |
(3) The Gallery shall be exempt
from the payment of any taxes under the Real Property Tax Act. | Ch. 375. |
15.(1) The Gallery shall keep proper
accounts and other records in relation thereto, and shall prepare in respect of
each financial year a statement of accounts. | Accounts and audit. |
(2) The accounts of the Gallery
for each financial year shall in the year following be audited by a public
accountant licensed under the Public Accountants Act, to be appointed by the
Minister. | Ch. 364. |
(3) Not less than three months
after the end of each financial year the Board shall submit a copy of the
audited accounts to the Minister together with a copy of any report made by the
auditor. |
(4) The Minister shall lay a copy
of such audited accounts before each House of Parliament, together with a copy
of any report made by the auditor on the accounts. |
16.(1) The movable and immovable
property and undertakings owned by the Government and used by it for the
operation of the Gallery immediately before the date of commencement of this
Act shall by virtue of this Act be transferred to and vested in the Gallery for
the same purpose as they were held by the Government immediately before the
said date. | Transfer of assets to Gallery. |
(2) The transfer and vesting
aforesaid shall extend to the whole of such movable and immovable property and
undertakings and shall include works of art, assets, powers, rights, and
privileges and all things necessary or ancillary thereto which are held or
enjoyed in connection therewith or appertaining thereto, as well as all
obligations affecting or relating to any of the aforesaid movable and immovable
property or undertakings or their things included therein as aforesaid. |
17. Subject to the provisions of
this Act, all laws, rules, regulations, orders, judgments, decrees, awards,
deeds, bonds, contracts, agreements, instruments, documents, warrants and other
arrangements subsisting immediately before the date of commencement of this Act
affecting or relating to any of the movable or immovable properties or
undertakings transferred to the Gallery by or under this Act shall have full
force and effect against or in favour of the Gallery and shall be enforceable
fully and effectually, as if instead of the Government the Gallery had been
named therein or had been a party thereto, and otherwise in substitution of the
Government. | Construction of laws and contracts
relating to transferred assets. |
18.(1) The Minister after consultation
with the Board may make by-laws providing for - | By-laws. |
(a) the management of its
affairs; |
(b) the appointment and duties of the
officers and employees of the Board; |
(c) the custody of the property of
the Gallery; |
(d) the making of appeals to the
public for financial or other support for the Gallery; and |
(e) generally, for the better
carrying into effect of the purposes of this Act and the furtherance of the
functions of the Gallery. |
(2) Sections 30 and 31 of the
Interpretation and General Clauses Act shall not apply to by-laws made under
this section nor shall the by-laws require publication in the Gazette but a
copy of them shall be forwarded to the Minister. | Ch. 2. |
19.(1) Where anything has been
commenced by or under the authority of the Government prior to the date of
commencement of this Act and such thing relates to any of the movable or
immovable properties or undertakings or any right or liability transferred to
the Gallery by or under this Act, such thing may be carried on and completed by
or as authorized, by the Board. | Transitional provisions. |
(2) Where immediately before the
date of commencement of this Act, any legal proceedings are pending to which
the Government is or is entitled to be a party, and such proceedings are
related to any of the movable or immovable properties or undertakings, or any right
or liability transferred by or under this Act, the Board shall, as from that
date, be substituted in such proceedings for the Government or shall be made a
party thereto in such proceedings for the Government or shall be made a party
thereto in like manner as the Government could have become, and such
proceedings ,hall not abate by reason of the substitution. |
(sections 2 and 3(3)) |
SCHEDULE |
1.(1) The Board shall consist of
twelve members of whom - | Constitution of Board. |
(a) one shall be the Director of the
National Museum ex officio; |
(b) one shall be the Director of the
National Art Gallery ex officio; |
(c) one shall be the Director of
Archives; |
(d) one shall be the President or his
representative of the College of The Bahamas; |
(e) one shall be the Director-General
of Tourism; |
(f) one shall be the Director of
Culture; |
(g) one shall be a member of The
Bahamas Historical Society appointed by the Minister; and |
(h) five shall be appointed by the
Minister after consultation with the Director and such economic or social
bodies or associations from which the Minister considers that such members
shall be selected: |
Provided that the first Board consisting
of seventeen members and constituted before the date of commencement of this
Act shall continue as members for a period of one year commencing from the date
of the coming into force of this Act and such members shall be eligible for
re-appointment. |
(2) The Minister shall appoint
three members to be respectively Chairman, Deputy Chairman and Secretary of the
Board. |
2. Subject to paragraph 1(1), a
member of the Board shall hold office for such period, not exceeding three
years, as the Minister may direct in the instrument appointing such member, but
such member shall be eligible for re-appointment. | Tenure of office. |
3. Any member of the Board may
at any time resign his office by instrument in writing addressed to the
Minister and from the date of receipt by the Minister of such instrument, such
member shall cease to be a member of the Board. | Resignation. |
4.(1) The Minister, by instrument in
writing, may at any time revoke the appointment of a member of the Board,
appointed under paragraph 1(1)(a), if he thinks it expedient so to do. | Removal. |
(2) The Minister, by instrument in
writing, may at any time revoke the appointment of the Chairman, the Deputy
Chairman, the Secretary or any member of the Board, appointed under paragraph
1(1)(b), if he thinks it expedient so to do. |
5. The appointment, removal,
death or resignation of any member of the Board shall be notified in the
Gazette. | Publication. |
6. There shall be paid from the
funds of the Gallery to the officers, servants or agents of the Board such
remuneration, if any, whether by way of honorarium, salary or | Remuneration. |
fees and such allowances, if any, as the
Minister may determine on the advice of the Board. |
7.(1) Except as provided in any
contract of employment with the Gallery, the Minister may grant to any employee
of the Gallery, in respect of his service with the Gallery pensions, gratuities
or other allowances at the rate prescribed by and in accordance with the
provision of the Pensions Act as if reference in that Act to the
Governor-General, the public service and a public office were reference to the
Gallery acting with the approval of the Minister, service with the Gallery and
such employee respectively. | Pensions, etc. |
(2) For the purposes of
subparagraph (1) reference to the service of an employee of the gallery
includes any continuous period of service of that employee with an approved
authority immediately prior to his service with the Gallery. |
(3) In this paragraph the
expression "approved authority" has the meaning assigned to it in the
Pensions Act. | Ch. 43. |
(4) The pensions, gratuities or
other like allowances which are payable under subparagraph (1) shall be charged
on and paid out of the Consolidated Fund. |
8.(1) The Board shall meet not less
than three times in each year, at such times as may be necessary or expedient
for the transaction of business, and such meetings shall be held at such places
and times and on such days as the Chairman may determine. | Meetings. |
(2) The Chairman, or in his
absence the Deputy Chairman, shall preside at all meetings of the Board. |
(3) Subject to subparagraph (4),
the Chairman, or in his absence the Deputy Chairman, and four other members of
the Board shall form a quorum. |
(4) In relation to any meeting of
the first Board constituted after the date of commencement of this Act, nine
members of the first Board shall form a quorum. |
(5) The decisions of the Board are
by a majority of votes and in addition to an original vote, in any case in
which the voting is equal, the Chairman or the Deputy Chairman presiding at the
meeting has a casting vote. |
(6) Minutes of each meeting in proper
form are to be kept by the Secretary or any officer the Board may appoint for
that purpose, and confirmed by the Board at the next meeting and signed by the
Chairman or a member of the Board designated by the Chairman as the case may
be. |
(7) The Board may co-opt any one
or more persons to attend any particular meeting of the Board for the purpose
of assisting or advising the Board in any matter with which the Board is
dealing, but no co-opted person has the right to vote. |
(8) Provided a quorum is present,
the validity of any proceeding of the Board shall not be affected by any
vacancy amongst the members thereof or by any defect in the appointment of a
member thereof. |
9. Subject to the provisions of
this Act, the Board has the power to regulate its own proceedings. | Board to regulate own proceedings. |