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Arts and Crafts Act, Chapter 49:07, Malawi

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Details Details Year of Version 1990 Dates Adopted: October 1, 1990 Type of Text IP-related Laws Subject Matter Copyright and Related Rights (Neighboring Rights), Traditional Cultural Expressions Notes This Act contains provisions concerning the development, promotion, preservation, presentation and study of arts and crafts and folklore in Malawi.

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DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

LAWS OF MALAWI

CHAPTER 49:07

ARTS AND CRAFTS ARRANGEMENT OF SECTIONS

PART I : PRELIMINARY

SECTION

1. Short title and commencement

2. Interpretation

PART II: PROMOTION OF ARTS AND CRAFTS

3. Appointment of Chief Arts and Crafts Officer and other staff

4. Duties of Chief Arts and Crafts Officer

PART III: ARTS AND CRAFTS ADVISORY COUNCIL

5. Establishment of the Council

6. Functions of the Council

7. Secretary to the Council

8. Constitution, proceedings and other matters of the Council

PART IV: MISCELLANEOUS

9. Regulations Schedule

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

CHAPTER 49:07: ARTS AND CRAFTS

An Act to provide for the development, promotion, preservation, presentation and study of arts and crafts and folklore in Malawi; the establishment of the Arts and Crafts Advisory Council; and for matters incidental thereto or connected therewith

[1ST OCTOBER, 1990]

PART I: PRELIMINARY

1. This Act may be cited as the Arts and Crafts Act.

2. In this Act, unless the context otherwise requires

"Chairman" means the Chairman of the Council designated in accordance with the provision of the Schedule;

"Council" means the Arts and Crafts Advisory Council established by section

PART II : PROMOTION OF ARTS AND CRAFTS

3. There shall be appointed in the public service an officer to S be designated as the Chief Arts and Crafts Officer and such other staff subordinate to the Chief Arts and Crafts Officer as may be deemed necessary for the discharge of the duties specified in section 4.

4. The Chief Arts and Crafts Officer shall, subject to this Act and to the general or special direction of the Minister-

(a) be responsible for the revival, promotion, development and presentation of arts and crafts;

(b) carry out research in the development and production of arts and crafts;

(c) provide advisory services, training facilities and technical assistance to organizations and persons engaged in the production of arts and crafts;

(d) assist organizations and persons engaged in the sale or exportation of arts and crafts;

(e) develop public interest in arts and crafts by organizing exhibitions, displays, performances, workshops and seminars regarding arts and crafts of Malawi;

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

(f) promote, develop and preserve the folklore of Malawi; and

(g) perform any other functions as the Minister may assign to him for the purposes of this Act.

PART III: ARTS AND CRAFTS ADVISORY COUNCIL

5. There is hereby established a council to be known as the Arts and Crafts Advisory Council.

6. The function of the Council shall be

(a) to advise the Minister on all matters relating to the revival, promotion, presentation, development, preservation and study of arts and crafts in Malawi; and

(b) to consider and deal with such matters as the Minister may refer to it or require of it.

7. The Chief Arts and Crafts Officer shall be the Secretary to the Council.

8. -1 The constitution, proceedings and other matters of the : Council shall be in accordance with the Schedule.

- 2 The Minister may amend the Schedule by order published in the Gazette

PART IV : MISCELLANEOUS

9. The Minister may make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may provide for-

(a) the granting of licenses, certificates, permits and similar authorizations;

(b) the establishment of places of public performances, exhibitions and other displays regarding arts and crafts; and

(c) the entry upon premises by the Chief Arts and Crafts Officer and other public officers.

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

SCHEDULE

CONSTITUTION, PROCEEDINGS AND OTHER MATTERS OF THE COUNCIL

1. The Council shall consist of

(a) the following ex officio members

(i) the Secretary for Education and Culture or his representative;

(ii) the Secretary for Local Government or his representative;

(iii) the Secretary for Youth and Malawi Young Pioneers or his representative;

(iv) the Secretary for Trade and Industry or his representative;

(v) the Vice-Chancellor of the University of Malawi or his representative;

(vi) the General Manager of the Malawi Broadcasting Corporation or his representative;

(vii) the Copyright Administrator or his representative; and

(b) four members appointed by the Minister on account of their knowledge of and interest in arts and crafts.

2. The Minister shall designate one of the members of the Council as Chairman of the Council. Composition of the Council

Chairman of the Council

3. A member of the Council shall not, by virtue only of his appointment to the Council, be deemed to be an officer in the public service.

4. The Minister shall cause to be published in the Gazette the membership of the Council as first appointed and every change in the membership of the Council.

5. A member of the Council, other than a member ex officio, shall Tenure of hold office for a period of two years from the date of his appointment, officer unless the Minister terminates his appointment, and shall be eligible for re- appointment.

6. The Chairman may, at his discretion, invite any person to attend Co-opted any meeting of the Council and such person may take part in the proceedings of that meeting but shall have no right to vote at such meeting.

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

7.-1.The Council shall meet at least twice a year at such places as the Chairman may determine.

- 2.The Council shall further meet any time at the request, in writing, of at least any four of its members.

- 3. The absence of the Chairman from any meeting of the Council, the members present, if constituting a quorum shall elect one of their number to preside at that meeting.

- 4. Any six members of the Council shall constitute a quorum.

- 5. The Council shall determine its own procedure.

- 6. At all meetings of the Council decisions shall be determined by the majority of members present and the Chairman or the person presiding shall have a deliberative vote and in the event of an equality of votes he shall also have a casting vote.

- 7. The Chairman or the person presiding at the meeting shall report to the Council at each meeting thereof the action taken in respect of any matter on which the Council has advised the Minister.

L.R.O /1991

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).


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WIPO Lex No. MW023