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National Cultural Centre Trust Act 1978

LAWS OF WESTERN SAMOA

NATIONAL CULTURAL CENTRE TRUST ACT 1978

Analysis

Title

PART I
Preliminary

1. Short title
2. Interpretation

PART II
Constitution of Trust

3. National Cultural Centre Trust
4. Terms of office of appointed members
5. Extraordinary vacancies
6. Meeting of the Trust
7. Minutes to be kept
8. Remuneration of Trust members

PART III
Functions and Powers

9. Functions of the Trust
10. Powers of the Trust
11. Powers in relation to Property
12. Co-operation with Government, etc.
13. Contracts of the Trust
14. Delegation of powers of the Trust
15. Rules

PART IV
Financial Provisions

16. Funds of the Trust
17. Appropriations
18. Bank accounts
19. Money to be banked
20. Overdrafts
21. Borrowing powers
22. Investment of funds
23. Accounts
24. Annual Report
25. Exemption from stamp duty, gift duty and income tax

PART V
Miscellaneous

26. Members, officers and employees not personally liable
27. Staff

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1978, No. 27

AN ACT to constitute a Trust for the establishment and administration of a National Cultural Centre.

[18 December 1978]

BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows: -

PART I

Preliminary

1. Short title - This Act may be cited as the National Cultural Centre Trust Act 1978.

2. Interpretation - In this Act unless the context otherwise requires, -

"Appointed member" means a member of the Trust appointed under section 3(2) (e) of this Act:

"Chairman" means the Chairman of the Trust:

"Centre Director" means the Centre Director of the National Cultural Centre appointed under section 28 of this Act:

"Financial year" means a period of 12 months ending with the 31st day of December:

"Minister" means the Minister for Youth, Sports and Cultural Affairs:

"Prescribed" means prescribed by rules:

"Rules" means rules made under section 15 of this Act:

"The Trust" means the National Cultural Centre Trust constituted under section 3 of this Act.

PART II

Constitution of Trust

3. National Cultural Centre Trust - (1) There is hereby constituted a Trust to be called the National Cultural Centre Trust, which shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding and disposing of real and personal property, and of suing and being sued, and of doing and suffering all other acts and things that bodies corporate may do and suffer.

(2) The Trust shall consist of the following members: -

(a) The Minister, who shall be Chairman:

(b) The Director of Education:

(c) The Secretary for Youth, Sports and Cultural Affairs:

(d) The Centre Director:

(e) Three other persons, of whom one shall represent the Pulenuu, and one shall be a woman, appointed by the Head of State, acting on the advice of Cabinet.

(3) If any member of the Trust is temporarily incapacitated by illness, absence or other sufficient cause, from attending any meeting of the Trust.

(4) No deputy shall act as Chairman of the Trust.

(5) Any person who attends a meeting of the Trust pursuant to this section shall for the purposes of that meeting be deemed to be a member of the Trust.

(a) In the cases of the Director of Education and the Secretary for Youth, Sports and Cultural Affairs, any authorised senior officer of his Department; and

(b) In the case of an appointed member, any person nominated for the purpose by the Minister -

may attend the meeting as the deputy of such member.

4. Terms of office of appointed members - (1) Except as otherwise provided by this Act, every member of the Trust appointed under section 3(2) (e) of this Act shall be appointed for a term of 3 years but may from time to time be reappointed.

(2) Notwithstanding anything to the contrary in this section every appointed member of the Trust, unless he sooner vacates his office under section 5(l) of this Act, shall, continue in office until his successor comes into office.

5. Extraordinary vacancies - (1) Any appointed member of the Trust may at any time be removed from office by the Head of State for disability, bankruptcy, neglect of duty, or misconduct, or may at any time resign his office by written notice given to the Minister.

(2) If any appointed member of the Trust dies, or resigns, or is removed from office, his office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.

(3) An extraordinary vacancy shall be filled by the appointment of a person in the same manner as the appointment of the vacating member.

(4) Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.

(5) The powers of the Trust shall not be affected by any vacancy in the membership thereof.

6. Meetings of the Trust - (1) The first meeting of the Trust shall be held on a day to be appointed in that behalf by the Chairman.

(2) Subsequent meetings of the Trust shall be held at such times and places as the Trust from time to time appoints.

(3) The Chairman or any 2 members thereof, may at any time call a special meeting of the Trust.

(4) At all meetings of the Trust the quorum necessary for the transaction of business shall be 4 members.

(5) The Chairman shall preside at all meetings of the Trust at which he is present.

(6) Subject to the provisions of section 3(4) of this Act, the members present shall elect one of their number to preside at any meeting, from which the Chairman is absent.

(7) All questions arising at any meeting of the Trust shall be decided by a majority of the valid votes recorded thereon.

(8) At any meeting of the Trust the Chairman or other person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(9) A resolution in writing signed or assented to by letter or telegram by all members of the Trust shall be as valid and effectual as if it had been passed at a meeting of the Trust duly called and constituted.

(10) Subject to the provisions of this Act and of any rules made under section 15 the Trust may regulate its procedure in such manner as it thinks fit.

7. Minutes to be kept - (1) The Trust shall cause minutes to be kept, in a book provided for the purpose, of all resolutions and proceedings of its meetings, and of all resolutions passed pursuant to subsection (9) of the preceding section.

(2) The minutes shall be signed by the member presiding at next meeting subsequent to the passing thereof.

(3) A copy of the minutes of every meeting shall be furnished to every member of the Trust.

8. Remuneration of Trust members - Every member of the Trust -

(a) Not being a member of full-time salaried employee of the Government of Western Samoa or the Trust may be paid in respect of each day or part of a day of attendance as a member of the Trust such sum as Cabinet shall from time to time determine:

(b) Shall be paid for any reasonable expenses necessarily incurred by him in connection with the functions of the Trust.

PART III

Functions and Powers

9. Functions of the Trust - The functions of the Trust shall be -

(a) To establish and maintain on a suitable site in Apia or in the vicinity of Apia, a National Cultural Centre, to consist -

(i) A national museum:

(ii) A national library service:

(iii) National archives:

(iv) A national theatre:

(v) Art and craft training workshops; and

(vi) A handicraft centre:

(b) In relation to the national museum -

(i) To acquire, preserve, act as a national repository for and display collections of material principally concerning Western Samoa and the Pacific, relating to plants, animals, ethnology, and the history of man; and

(ii) To provide an educational service in connection with those collections; and

(iii) To conduct related research and to co-ordinate such research with other persons or organisations:

(c) In relation to the national library service -

(i) To increase the resources of Western Samoa in library materials for research and scholarship:

(ii) To collect and disseminate information including the publication of reports and journals; and

(iii) To develop research into library matters, and the making of grants for the study within or beyond Western Samoa of libraries or any matters connected with the administration of libraries:

(d) To encourage and promote all aspects of Samoan culture and the practice and appreciation of Samoan arts and crafts:

(e) To train or arrange for the training of persons whether within or beyond Western Samoa in the practice of arts and crafts:

(f) To establish national cultural groups:

(g) To arrange and conduct exhibitions of arts and crafts and arrange tours of performers demonstrating Samoan arts and aspects of Samoan culture:

(h) To encourage, promote and support artistic links with other countries by way of cultural exchanges, and to foster appreciation of the arts as practised in other countries:

(i) To co-operate with educational bodies so as to, develop the practice and appreciation of Samoan arts and crafts as integral aspects of education in Western Samoa:

(j) To furnish information, advice and assistance in relation to the maintenance, preservation and administration of historic places and things:

(k) To provide an educational service in connection with any of the above functions.

10. Powers of the Trust - The Trust shall have power for the purpose of carrying out its functions to do all such acts as appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of its functions or to be incidental to their proper discharge and may carry out any activities in that behalf either alone or in association with any other person or body.

11. Powers in relation to Property - The Trust shall have such rights and authorities in respect of the acquisition and disposal of real and personal property as may reasonably be necessary or expedient to carry out its functions, and in particular it may from time to time-

(a) Acquire by purchase, lease, sublease, easement or otherwise, any land or interest in land, with or without any building or other structures:

(b) Erect any building or structure required for the purpose of the Trust on land belonging to or administered by the Trust:

(c) Alter or reconstruct any building or property belonging to or administered by the Trust:

(d) Dispose of by way of sale, lease, sublease, easement or otherwise any land or interest in land; "Provided the Trust shall not dispose of any land or interest therein (otherwise than by way of lease for a term not exceeding 10 years) unless a resolution to dispose of the land or interest has been approved by Cabinet."

(e) Acquire by purchase, bailment, or on loan or other-wise any personal property, rights, privileges, licences, or authorities that it considers necessary for carrying out its functions:

(f) Dispose of by sale, bailment or by loan or otherwise, or turn to account or otherwise deal with, any personal property, licences or authorities of the Trust:

(g) Take on lease, rent or purchase houses or purchase sites and erect houses, for the use of its officers and employees on such terms and conditions as the Trust may determine -

Provided the Trust shall not dispose of any land or interest therein (otherwise than by way of lease for a term not exceeding 10 years) unless a resolution to dispose of the land or interest has been approved by Cabinet.

12. Co-operation with Government, etc. - The Trust shall, consistent with its functions under this Act, consult and co-operate with Government Departments, statutory corporations and other bodies (whether incorporated or not) having aims or objects related to those of the Trust.

13. Contracts of the Trust - (1) Any contract which, if made between private persons, must be by deed shall, when made by the Trust, be in writing under the common seal of the Trust.

(2) Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith shall, when made by the Trust, be in writing signed by any person acting on behalf of and under the express or implied authority of the Trust.

(3) Any contract which, if made between private persons, may be made orally without writing may, when made by the Trust, be made orally without writing by any person acting on behalf of and under the express or implied authority of the Trust, but no oral contract shall be made for any sum exceeding 100 tala.

(4) The common seal of the Trust shall not be affixed to any document except pursuant to a resolution of the Trust, and the execution of any document so sealed shall be attested by 2 members of the Trust.

14. Delegation of powers of the Trust - (1) The Trust may, in respect of any particular matter or class of matters by writing under its seal delegate to any member or committee of members or to the Centre Director any of its powers under this Act (but not including this power of delegation), so that the delegated powers may be executed by him or them in respect of the matters or class of matters specified in the instrument of delegation.

(2) Subject to any general or special directions given or conditions imposed by the Trust, the person or committee to whom any powers are so delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on him or them directly by this Act and not by delegation.

(3) Every person or committee purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary be presumed to be acting in accordance with the terms of the delegation.

(4) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power by the Trust.

15. Rules - (1) The Trust may from time to time, by resolution, make rules not inconsistent with this Act for all or any of the following purposes:-

(a) Regulating the proceedings, including the conduct of meetings of the Trust and of any committees:

(b) Providing for the custody of the property of the Trust and the custody and use of the common seal of the Trust:

(c) Prescribing the duties of its officers and employees:

(d) For securing the due administration of the National Cultural Centre:

(e) Prescribing the fees or charges payable for admission to the National Cultural Centre or any part thereof.

(f) Providing for the establishment of branches for the furthering of the work of the Trust and prescribing such matters as may be necessary for the efficient functioning of branches:

(g) Providing for such matters as may be deemed necessary or expedient for duly carrying out the work of the Trust.

(2) Notice of every resolution proposed to be submitted to any meeting for the making, amendment, or revocation of any such rules as aforesaid shall be given to every member of the Trust for the time being in Western Samoa not less than 7 clear days before the day fixed for the meeting.

PART IV

Financial Provisions

16. Funds of the Trust - The funds of the Trust shall consist of -

(a) All moneys from time to time appropriated by the Legislative Assembly for that purpose:

(b) All money lawfully contributed, donated or otherwise payable to the Trust:

(c) All money received by the Trust by way of fees, rent, or otherwise in respect of any real or personal property owned or controlled by the Trust or in respect of the exercise of any of the functions or powers of the Trust:

(d) All money received by the Trust from the sale or other disposal of any real or personal property of the Trust:

(e) All accumulations of money belonging to the Trust.

17. Appropriations - (1) Forthwith on the passing of this Act there shall be charged on and issued out of the Treasury Fund to the Trust without any further appropriation than this Act, the amount of 35,000 tala to assist in defraying the cost of establishing the National Cultural Centre.

(2) There shall in each year be paid to the Trust out of money appropriated by Parliament for the purposes of the Trust such sum as the Minister approves for the purposes of meeting administration and other expenses of the Trust.

18. Bank accounts - (1) The Trust shall open and maintain such bank account or accounts as it thinks fit.

(2) No money shall be paid out of any bank account of the Trust except with the authority, and in accordance with any general or special directions of the Trust.

(3) Every account under this section shall be operated on only by cheque or other instrument (not being a promissory note or bill) signed by the Chairman, or in his absence the Secretary for Youth, Sports and Cultural Affairs, and by the Centre Director, or in his absence a senior officer of the Trust who is authorised by the Trust to sign cheques drawn on that account, and countersigned by any other member of the Trust who is authorised by the Trust to sign such cheques.

19. Money to be banked - All money forming part of the funds of the Trust shall, as soon as practicable after it is received by any member or authorised officer of the Trust, be paid into one of its bank accounts established under section 18 of this Act.

20. Overdrafts - (1) Notwithstanding section 22 of this Act, the Trust may, in anticipation of its revenue, from time to time borrow money from its bankers by way of overdraft.

(2) Notwithstanding subsection (1) of this section, it shall not be lawful for the Trust-

(a) To borrow money under this section to such an extend that there shall be owing by the Trust at any time to its bankers a sum or sums exceeding in the aggregate 75 percent of its revenue for the preceding financial year; or

(b) To owe under the authority of this section at the end of any financial year any sum or sums exceeding in the aggregate such part of its revenue for that year as then remains owing and unpaid to it.

(3) As long as the money borrowed by the Trust under this section does not exceed the limit specified in paragraph (a) of subsection (2) of this section, the bankers shall not be liable in any manner in respect of the failure of the Trust to comply with this section; and nothing in this section shall affect the right of the bankers to be repaid, out of the assets of the Trust, any money advanced by the bankers not exceeding that limit.

(4) For the purposes of this section, the amount of any cheque drawn on a bank account of the Trust but not presented before the end of the financial year shall be deemed to be money owing on that account at the end of that year.

21. Borrowing powers - The Trust may, with the prior approval in writing of Cabinet but not otherwise, borrow money or mortgage or otherwise charge any of its real or personal property.

22. Investment of funds - Subject to the terms of any trust or endowment, the Trust may invest in accordance with the provisions of the Trustee Act 1975* as to the investment of funds, any money belonging to the Trust that is not immediately required by it for expenditure.

23. Accounts - (1) The Trust shall keep full and correct accounts of all money received and expended by it.

(2) The Trust shall, as soon as possible after the end of every financial year, cause its accounts for that financial year to be balanced, and cause to be prepared a statement of the assets and liabilities of the Trust as at the end of that financial year, together with an account of income and expenditure showing the financial transactions of the Trust for that financial year.

*1975, No. 11

(3) The balance sheet, statement, and other accounts of the Trust shall be submitted to and audited by the Audit Office which for that purpose shall have the same powers as it has in respect of public money within the meaning of the Public Moneys Acts 1964**.

** 1964, No. 10

24. Annual report - (1) As soon as may be reasonable practical after the end of each financial year the Trust shall send to the Minister a report of its proceedings and operations for that year together with a copy of its audited accounts for that year and the report of the Audit Office on those accounts.

(2) A copy of the report and of the accounts of the Trust, together with a copy of the report of the Audit Office on those accounts, shall be laid before the Legislative Assembly within 28 days after their receipt by the Minister, if the Legislative Assembly is then sitting, or if the Legislative Assembly is not sitting, then within 28 days after the commencement of the next session of the Legislative Assembly.

25. Exemption from stamp duty, gift duty and income assignment, transfer, lease, or agreement whereby any land is conveyed conveyed, assigned, transferred, or leased or agreed to be conveyed, assigned, transferred or leased to the Trust for the purposes of this Act.

(2) No gift duty shall be payable on any gift made to the Trust for the purpose of this Act, and no such gift shall be included in the dutiable estate of the donor notwithstanding that he may die within 3 years after having made the gift.

(3) The Trust is hereby declared to be exempt from income tax.

PART V

Miscellaneous

26. Members officers and employees not personally liable - No member, officer or employees (including the Centre Director) of the Trust shall be personally liable for any act or default done or made by the Trust or by any member, officer or employee (including the Centre Director) of it, in good faith in the course of the operations of the Trust.

27. Staff - (1) The Head of State, acting on the advice of Cabinet, shall from time to time appoint a Centre Director.

(2) The Centre Director shall be the Chief Executive Officer of the Trust and shall be responsible to the Trust for the efficient administration of the operations of the Trust.

(3) The Trust may from time to time appoint such other officers and employees as it may consider necessary for the performance of its functions under this Act.

(4) Subject to subsection (1), the Centre Director and other officers and employees of the Trust shall hold office upon such conditions, for such term, and upon such notice as the Trust considers fit.

(5) The salaries and allowances of the Centre Director, officers and employees of the Trust shall be paid out of its funds.

(6) The Trust may make payments to or subsidise the Western Samoa National Provident Fund for the purpose of providing superannuation or retiring allowances for its Centre Director, officers or employees.

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