National Library Board Act 1995

National Library Board Act 1995

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to establish and incorporate the National Library Board, to transfer to it the National Library and for matters connected therewith.

[1 September 1995]

PART 1

PRELIMINARY

Short title

1.  This Act is the National Library Board Act 1995.

Interpretation

2.  In this Act, unless the context otherwise requires —

“Board” means the National Library Board established under section 3;

“Chairperson” means the Chairperson of the Board and includes any temporary Chairperson of the Board;

“chief executive officer” means the chief executive officer of the Board and includes any person acting in that capacity;

“Deputy Chairperson” means the Deputy Chairperson of the Board and includes any temporary Deputy Chairperson of the Board;

“Fund” means the National Library Board Endowment Fund established under section 34;

“library information service” means any information service provided and managed in conjunction with a library or library service;

“library materials” means —

(a) any book, periodical, newspaper, pamphlet, musical score, map, chart, plan, picture, photograph or matter, in printed or electronic form;

(b) any visual image (including a computer‑generated image) or sound, or aggregate of visual images or sounds or both, or data —

(i) embodied in or recorded on a film (including a microfilm or a microfiche), negative, tape, disc, sound track or other device or thing, so as to be capable (with or without the aid of some other equipment) of being reproduced from it; or

(ii) transmitted by electronic means; and

(c) any online material made available on a Singapore website;

“member” means a member of the Board;

“National Archives” means the National Archives of Singapore transferred by the Statutes (Miscellaneous Amendments) (No. 2) Act 2012 to the Board and administered in accordance with Part 2A;

“National Heritage Board” means the National Heritage Board established under section 3 of the National Heritage Board Act 1993;

“online material” means any writing, visual image, video, sound recording or data accessible to the public generally, through the Internet on a website;

“printed”, in relation to books or other materials, means produced by printing, lithography, duplication or any other like process, and “printer” has a corresponding meaning;

“public archives” means those public records that —

(a) are more than 25 years old;

(b) are specified by the Board as being of national or historical significance; and

(c) have been transferred to the Board or to any other place that the Board may determine;

“public office” means any department, office, institution, agency, commission, board, local authority or statutory body or any other office of the Government or branch or subdivision thereof, and any other body that the President may, by notification in the Gazette, declare to be a public office;

“public records” means papers, documents, records, registers, printed materials, books, maps, plans, drawings, photographs, microforms, videotapes, films, machine‑readable and electronic records, sound recordings and other forms of records of any kind, that are produced or received by any public office in the transaction of official business, or by any officer in the course of his or her official duties, and includes public archives;

“publicly funded libraries” means all libraries owned by the Government or any statutory body and such other libraries which are, directly or indirectly, funded by the Government (whether fully or partially) as the Board may determine;

“published in Singapore”, in relation to library materials other than online material, means produced and released in Singapore for sale or public distribution;

“publisher” means any person who arranges for any library material to be published in Singapore;

“Singapore website” means —

(a) any website, the country code top level domain of which is associated with Singapore; or

(b) any prescribed website or electronic service associated with Singapore.

[30/2018]

PART 2

ESTABLISHMENT, CONSTITUTION, FUNCTIONS AND POWERS OF BOARD

Establishment of National Library Board

3.  A body called the National Library Board is established, which is a body corporate with perpetual succession and is by that name capable of —

(a) suing and being sued;

(b) acquiring, owning, holding, developing and disposing of property, both movable and immovable; and

(c) doing and suffering all such acts or things as bodies corporate may lawfully do or suffer.

Common seal

4.—(1)  The Board must have a common seal which must be kept in such custody as the Board thinks fit.

(2)  All deeds and other documents requiring the seal of the Board must be sealed with the common seal of the Board and every document to which the common seal is affixed must be signed by any 2 members of the Board generally or specially authorised by the Board for the purpose or by one member so authorised and the chief executive officer.

(3)  All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Board affixed to any document and presume that it was duly affixed.

Constitution of Board

5.—(1)  The Board consists of —

(a) a Chairperson;

(b) a Deputy Chairperson; and

(c) not less than 10 but not more than 20 other members as the Minister may determine.

(2)  The Schedule has effect with respect to the Board, its members and proceedings.

Functions of Board

6.  The functions of the Board are —

(a) to establish and maintain libraries and to provide library information services;

(b) to promote reading and encourage learning through the use of libraries and their services;

(c) to provide a repository for library materials published in Singapore;

(d) to acquire and maintain a comprehensive collection of library materials relating to Singapore and its people;

(e) to establish standards for the training of library personnel in Singapore;

(f) to provide advisory and consultancy services concerning libraries and library information services;

(g) to compile and maintain a national union catalogue and a national bibliography;

(h) to advise the Government on national needs and policies in respect of matters relating to publicly funded libraries and library information services in Singapore;

(i) to provide a permanent repository of records of national or historical significance and to facilitate access to those records;

(j) to conduct records management programmes for the Government; and

(k) to record, preserve and disseminate the history of Singapore through oral history methodology or other means.

Powers of Board

7.—(1)  The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(2)  Without limiting subsection (1), the powers of the Board include power —

(a) to develop and manage libraries established by the Board;

(b) to develop a computer network of libraries in Singapore;

(c) to define, develop and implement the national collection policy and strategy, and appoint different libraries and centres to collect library materials on different subject areas of importance and interest to Singapore;

(d) to coordinate and facilitate access to library materials in all publicly funded libraries;

(e) to obtain and provide information on the resources and services of libraries in Singapore;

(f) to take appropriate measures to maintain and preserve library materials deposited with the Board under section 10 or otherwise acquired by the Board;

(g) to make copies of any online material made available on a Singapore website, at the times and in the manner the Board considers appropriate;

(h) to establish liaison with other library authorities and information providers and other archives and oral history centres (foreign or otherwise) to secure maximum collaboration of all activities relevant to the Board’s functions;

(i) to undertake or sponsor programmes for the training of persons in the profession and skills involved in the operations of libraries, archives and oral history centres;

(j) to arrange for or provide professional and technical services in connection with libraries on such terms and conditions as the Board may determine;

(k) to undertake and facilitate research on libraries, librarianship, archival work and oral history;

(l) to raise funds by all lawful means and to receive gifts and donations, whether on trust or otherwise;

(m) to extend grants, contributions or loans to any person or organisation connected with the national literary heritage or library development in Singapore for purposes consistent with the provisions of this Act;

(n) to enter into contracts and establish trusts;

(o) to enter into joint ventures with any person or organisation, or form or participate in the formation of a company;

(p) to provide or undertake publicity in any form; and

(q) to charge fees, commissions or rent for any services or facilities provided by the Board.

[30/2018]

Directors and advisory committees for libraries

8.  The Board may appoint directors for the general management and control of the libraries it has established and may also appoint advisory committees to advise on the operations and services of those libraries.

Appointment of committees and delegation of powers

9.—(1)  The Board may appoint, from among its own members or other persons who are not members of the Board, any number of committees that it may think fit consisting of members or other persons or members and other persons for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees.

(2)  The Board may, subject to any conditions or restrictions that it may think fit, delegate to any such committee or to any member, officer or employee of the Board, any of the functions or powers of the Board under this Act.

[5/2018]

Deposit of library materials

10.—(1)  Except as otherwise provided by regulations, the publisher of every library material (other than online material) published in Singapore must, at the publisher’s own expense —

(a) subject to paragraph (b), deposit 2 copies of that library material with the Board at a place determined by the Board within 4 weeks after the date of first publication; and

(b) where the library material is in electronic form, deposit a copy of that library material with the Board in the form and manner determined by the Board, free of any technological or other restriction on access, within 4 weeks after the date of first publication.

[30/2018]

(2)  The Board may by regulations made under section 47 prescribe —

(a) the library materials which are not required to be deposited with the Board; and

(b) the quality and the format of the copies of library materials required to be deposited, and the manner in which they must be deposited.

[30/2018]

(3)  Every publisher of any library material who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Establishment of national union catalogue

11.—(1)  All publicly funded libraries must contribute their cataloguing and holding records, whether original or derived from other sources, towards the establishment of an up‑to‑date national union catalogue.

(2)  The Board may by regulations made under section 47 prescribe —

(a) the standard and the format of the cataloguing and holding records required to be sent to the Board; and

(b) the frequency of updating the cataloguing and holding records in the national union catalogue.

[30/2018]

Participation in interlibrary loan scheme

12.  All publicly funded libraries must participate in such scheme for interlibrary loan and interlibrary information services as may be established by the Board in consultation with such libraries.

Directions by Minister

13.—(1)  The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Board must give the Minister such information with regard to its property and activities as the Minister may require.

[14

PART 2A

NATIONAL ARCHIVES OF SINGAPORE AND ORAL HISTORY CENTRES

National Archives of Singapore

14.—(1)  On 28 March 2013, the National Archives of Singapore in which records of national or historical significance are preserved is transferred from the National Heritage Board to the Board.

(2)  The Board —

(a) must examine the public records in any public office and advise that office as to their care and custody;

(b) must take necessary measures to classify, identify, preserve and restore public records;

(c) must make known information concerning archives by any means, including publications, exhibitions and heritage promotional activities;

(d) must conduct a records management programme for the efficient creation, utilisation, maintenance, retention, preservation and disposal of public records;

(e) must advise public offices concerning standards and procedures pertaining to the management of public records;

(f) may provide information, consultation, research and other services related to archives;

(g) may, subject to the terms and conditions (if any) on which the public archives were acquired, reproduce or publish any public archives; and

(h) may acquire by purchase, donations, bequest or otherwise any document, book or other material which, in the opinion of the Board, is or is likely to be of national or historical significance.

[14A

Appointment of Director of National Archives

15.—(1)  The Board must appoint an officer of the Board as the Director of National Archives, who is responsible to the Board for the general management and control of the National Archives.

(2)  The Director of National Archives, and any person acting on behalf or under the direction of the Director of National Archives, must, with respect to access to public records, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to the public records.

(3)  To avoid doubt, where an oath of secrecy is required to be taken under subsection (2), a person may take the oath by appearing before the person administering the oath through a live video link or live television link created using a remote communication technology that allows the person administering the oath to —

(a) maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process; and

(b) confirm the identity of the person taking the oath and any interpreter present.

[Act 25 of 2023 wef 01/12/2023]

[14B

Transfer of public records to National Archives

16.  Any public records which, in the opinion of the Board, are of national or historical significance must be transferred to the care and control of the National Archives in accordance with such schedules or other agreements for the transfer of records as may be agreed on between the Board and the public office responsible for the public records.

[14C

Destruction or disposal of public records only on authority of Board

17.—(1)  A person must not, without the authorisation of the Board under subsection (4), destroy or otherwise dispose of, or authorise the destruction or disposal of, any public records which are in the person’s possession or under the person’s control.

(2)  Any person intending to destroy or dispose of, or to authorise the destruction or disposal of, any public records must first notify the Board of that intention and must, in the person’s notification, specify the nature of the public records in question.

(3)  The Board may inspect any public records specified in any notification under subsection (2) and must, if it requires those records to be made available to it, inform the person making the notification of that requirement, and the public records must be made available to the Board.

(4)  The Board may authorise the destruction of any specified classes of public records which by reason of their number, kind or routine nature do not in its opinion possess any enduring value for preservation as public archives.

[14D

Inspection of public records and recordings

18.—(1)  Except with the written authority of the Director of National Archives, a person who is not an officer of the National Archives must not inspect any public records or recordings that are not made available to the public under subsection (2).

(2)  Any person may, for the purpose of reference or research, inspect any public archives or recordings made available to the public subject to —

(a) any conditions or restrictions imposed with the authority of the public office from which the public archives were acquired or the producer or distributor which provided the recordings, as the case may be; and

(b) any conditions that the Director of National Archives may consider necessary for their preservation.

(3)  The National Archives are to be open for the inspection of public records during such hours as the Board may determine.

(4)  In this section, “recording” means any recording deposited with the Board under section 22.

[14E

Certified copy of public records

19.  Any copy of a public record which is certified by the Director of National Archives as a true copy of the original document is admissible in a court of law.

[14F

Reproduction of public records and recordings

20.—(1)  A person must not publish or reproduce the whole or any part of the contents of any public records which have been transferred to the National Archives or of any recording which has been deposited under section 22 except with the written consent of the Director of National Archives and in accordance with any conditions or restrictions that may be imposed with the authority of —

(a) the public office from which the public records were acquired; or

(b) the producer or distributor which provided the recordings,

as the case may be.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)  Nothing in this section is to be construed as affecting or extending the law relating to copyright.

[14G

Prohibition of export, etc., of public records

21.—(1)  A person must not —

(a) without the written permission of the Board, take or send out of Singapore any public records;

(b) write on, mark, inscribe or otherwise deface any public records; or

(c) mutilate, excise or otherwise damage any public records.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

[14H

Deposit of certain recordings

22.—(1)  The producer or distributor of a recording must, within 6 months after a request in writing is made by the Board, provide (without charge) the Board with a copy of the recording in such form as may be specified in the request.

(2)  Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)  This section does not apply to or in respect of —

(a) a recording that has not been broadcast or made public in Singapore; or

(b) any recording of a class or kind that is exempted from the application of this section by any regulations that the Minister may make for the purpose.

(4)  In this section, “recording” means anything in which sounds are embodied or on which images are fixed or both, regardless of form.

[14I

Oral history centres

23.—(1)  The Board may, in addition to any oral history centre transferred under section 24, establish any other oral history centre for the purposes of this Act.

(2)  The purposes of any oral history centre transferred to the Board under section 24 or established by the Board under this section are —

(a) to collect, document and disseminate information on the history of Singapore through oral history methodology or other means;

(b) to interview persons who have influenced or participated in the history of Singapore, to preserve these interviews and to produce transcripts of selected interviews;

(c) to preserve and care for the recordings and transcripts of such interviews;

(d) to allow access to the recordings and transcripts of such interviews to persons seeking to inspect them in connection with study or research subject to any conditions or restrictions imposed by the interviewee or the Board; and

(e) to disseminate information on the collection and work of the centre by any means, including publications, audiovisual educational packages, exhibitions, consultations, research and heritage promotional activities.

[14J

Transfer of archive undertakings, etc., from National Heritage Board

24.—(1)  All the lands, buildings and other property, movable or immovable, vested in the National Heritage Board immediately before 28 March 2013 (called in this section the transfer date) for the purposes of —

(a) the National Archives; or

(b) any oral history centre established by the National Heritage Board,

and all assets, powers, interests, rights, privileges, debts, liabilities and obligations of the National Heritage Board relating to paragraph (a) or (b) become, on the transfer date, by virtue of this section and without further assurance, the property, assets, powers, interests, rights, privileges, debts, liabilities and obligations of the Board.

(2)  Every agreement relating to any of the properties, assets, interests, rights, privileges, liabilities or obligations transferred under subsection (1) and to which the National Heritage Board was a party immediately before the transfer date, whether or not of such nature that the rights and liabilities could be assigned, has effect as from that date as if —

(a) the Board had been a party to such an agreement; and

(b) for any reference to the National Heritage Board there were substituted in respect of anything to be done on or after the transfer date a reference to the Board.

(3)  If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister charged with the responsibility for finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.

(4)  Any proceedings or cause of action pending or existing immediately before the transfer date by or against the National Heritage Board relating to the National Archives or any oral history centre transferred under subsection (1) may be continued and are to be enforced by or against the Board.

(5)  The operation of subsections (1), (2) and (3) is not to be regarded —

(a) as a breach of contract or confidence or otherwise as a civil wrong;

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities;

(c) as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability; or

(d) as an event of default under any contract or other legal instrument.

(6)  Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the National Heritage Board is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, assets, interests, rights, privileges, liabilities or obligations comprised in the undertaking transferred under subsection (1) is deemed by this Act to have been waived.

(7)  No attornment to the Board by a lessee from the National Heritage Board is required.

[14K

Transfer of employees from National Heritage Board, etc.

25.—(1)  On 28 March 2013 (called in this section the transfer date), such categories of persons employed by the National Heritage Board immediately before that date in —

(a) the National Archives; or

(b) any oral history centre established by the National Heritage Board,

as the Minister may determine are transferred to the service of the Board on terms no less favourable than those enjoyed by them immediately prior to their transfer.

(2)  Until such time as terms and conditions of service are drawn up by the Board, the scheme and terms and conditions of service in the National Heritage Board continue to apply to every person transferred to the service of the Board under subsection (1) as if he or she were still in the service of the National Heritage Board.

(3)  The terms and conditions of employment to be drawn up by the Board —

(a) must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the Board under this section while in the employment of the National Heritage Board;

(b) in the case of any such term or condition relating to the length of service with the Board, must provide for the recognition of service under the National Heritage Board by the persons so transferred as service by them under the Board; and

(c) must not adversely affect the conditions that would have been applicable to persons transferred to the service of the Board as regards any pension, gratuity or allowance payable under the Pensions Act 1956.

(4)  All deeds, schemes, bonds, agreements, instruments and arrangements subsisting immediately before the transfer date to which the National Heritage Board is a party and relating to any person transferred to the service of the Board under subsection (1) continue in force on and after that date and are enforceable by or against the Board as if the Board had been named therein or had been a party thereto instead of the National Heritage Board.

(5)  Any proceedings or cause of action relating to any employee transferred to the service of the Board under subsection (1) pending or existing immediately before the transfer date by or against the National Heritage Board, or any person acting on its behalf, may be continued and are to be enforced by or against the Board.

(6)  Where on the transfer date —

(a) any disciplinary proceedings were pending against any employee of the National Heritage Board transferred to the service of the Board under subsection (1), the proceedings are to be carried on and completed by the Board; and

(b) any matter was in the course of being heard or investigated or had been heard or investigated by a committee of the National Heritage Board acting under due authority but no order, ruling or decision had been made thereon, the committee is to complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date.

(7)  Any order, ruling or direction made by such a committee pursuant to subsection (6) is to be treated as an order, a ruling or a direction of the Board and has the same force or effect as if it had been made by the Board pursuant to the authority vested in the Board under this Act.

(8)  The Board may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person transferred to the service of the Board under subsection (1) for any misconduct or neglect of duty committed before the transfer date which would have rendered that person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if that person had continued to be in the employment of the National Heritage Board and if this Act had not been enacted.

(9)  To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this section of any employee of the National Heritage Board to the Board.

(10)  Notwithstanding any other written law or any contract, no person who is transferred from the National Heritage Board to the service of the Board under subsection (1) is entitled to claim any benefit under that written law or contract for termination of his or her service on the ground of redundancy or abolition of his or her office in consequence of the transfer of the National Archives or any oral history centre from the National Heritage Board to the Board.

(11)  Except as otherwise provided in this section, nothing in subsection (1) prevents the terms and conditions of a transferred employee’s employment on or after the transfer date from being varied in accordance with those terms and conditions, or by or under any written law, or an award, a determination or an agreement; and “vary”, in relation to terms and conditions of service, includes omitting any of those terms and conditions, adding to those terms and conditions, or substituting new terms and conditions for any of those terms and conditions.

(12)  In every case where a person transferred to the service of the Board under this section is also a person transferred from the employment of the Government to the National Heritage Board under section 40 of the National Heritage Board Act 1993, the Government and the National Heritage Board are each liable to pay the Board such portion of any gratuity, pension or allowance payable under the Pensions Act 1956 to such person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government and the National Heritage Board, respectively, bears to the aggregate amount of his or her pensionable emoluments during his or her total service under the Government, the National Heritage Board and the Board.

[14L

PART 3

PROVISIONS RELATING TO STAFF

Chief executive officer

26.—(1)  There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018.

[5/2018]

(2)  The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer —

(a) is absent from duty or Singapore; or

(b) is, for any reason, unable to perform the duties of the office.

[15

[5/2018]

Appointment of staff

27.  The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions.

[16

[5/2018]