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VICTORIA MEMORIAL ACT, 1903

Ministry of Law and Justice

Act nº 10 of 1903


  • Amending Acts
  • Act nº 10 of 1903

Preamble

THE VICTORIA MEMORIAL ACT, 1903

[Act, No. 10 of 1903]

[20th March, 1903]

PREAMBLE

An Act to provide for the erection and management of the Victoria Memorial at Calcutta.

WHEREAS it is intended to creel at Calcutta a building as a memorial of the life and reign of Her Late Majesty Victoria of the United Kingdom of Great Britain and Ireland, Queen, Empress of India, and for this purpose large sums of money have been subscribed by the princes and people of India;

AND WHEREAS at a meeting of subscribers held in Calcutta certain persons were appointed a Provisional Executive Committee to take the custody of the said moneys;

AND WHEREAS it is expedient to make provision for the erection, maintenance and management of the memorial and for the appointment of a permanent body of Trustees;

It is hereby enacted as follows :

Section 1. Short title

(1) This Act may be called The Victoria Memorial Act, 1903; 1 [*].

1 [*****]

1. Word "and" sub-section (2) repealed by the Repealing and Amending Act, 1914 (10 of 1914), Section 3 and Schedule II.


Section 2. Trustees

The trustees of the Victoria Memorial (hereinafter called the Trustees) shall be the following, namely :--

1 [(a) the Ministry in charge of the Central Government concerned with matters relating to the Victoria Memorial,]

2 [(b) the Governor of West Bengal,

(c) the Chief Justice of Calcutta,]

1 [(d) two persons to be nominated by the Central Government from among persons who, in the opinion of that Government, have expert knowledge of exhibits in the Victoria Memorial or are museologists, historians or art historians.]

3 [(e) the Secretary to the Government of India 4 [in the Ministry concerned with matters relating to the Victoria Memorial].]

(f) the President of the Bengal Chamber of Commerce,

(g) the 5 [Mayor] of the Corporation of Calcutta; and

1 [(h) such and so many persons as shall from time to time be nominated by the Trustees from among persons who, in the opinion of the Trustees, have expert knowledge of the exhibits in the Victoria Memorial or are museologists, historians or art historians, with the approval of the Central Government to represent the general body of subscribers.]

(2) The Trustees shall be a body corporate, with perpetual succession by the name of "The Trustees of the Victoria Memorial" and a common seal, and in that name shall sue and be sued, and shall have power to acquire and hold property, to enter into contracts, and to do all acts necessary for and consistent with the purposes of this Act.

6 [(3) All acts done by a majority of those present and voting at a meeting of the Trustees, and all acts done in pursuance of a majority decision of the Trustees obtained by circulation to the Trustees of the matter requiring decision, shall be deemed to be acts of the Trustees.]

(4) No act of the Trustees shall be deemed to be invalid merely by reason of any vacancy in or defect in the constitution of, the body of the Trustees.

(5) In the case of ex-officio Trustees the person for the time being performing the duties of any of the offices mentioned in sub-section (1) shall act as a Trustee.

(6) The Trustees may appoint a person to act as their Secretary.

(7) Orders for the payment of money on behalf of the Trustees shall be deemed to be sufficiently authenticated if signed by two Trustees and countersigned by the Secretary.

1. Substituted by the Victoria Memorial (Amendment) Act, 1972 (40 of 1972), Section 2 w.e.f. 25-8-1972.

2. Substituted for the former clauses (b) and (c) by A.C.A.O. 1948 w.e.f. 23-3-1948.

3. Substituted for the former clause (e) by A.C.A.O., 1948 w.e.f. 23-3-1948.

4. Substituted for the words "in the Ministry of States" by Act 58 of 1960, Section 3 and Schedule II w.e.f. 26-12-1960.

5. Substituted for the word "Chairman", by Act 58 of 1960, Section 3 and Schedule II w.e.f. 26-12-1960.

6. Substituted and deemed always to have been substituted for the original sub-section, by the Victoria Memorial (Amendment) Act, 1943 (25 of 1943), Section. 2.


Section 3. Property vested in Trustees

All sums of money now in the custody of the said Provisional Executive Committee and all other property, whether moveable or immoveable, which have been or may hereafter be given, bequeathed or otherwise transferred for the purposes of the said Memorial or acquired for the said purposes by the Trustees shall vest in the Trustees.

Section 4. Officers and servants to be public servants

All officers and servants employed by the Trustees shall be deemed to be public servants, within the meaning of the Indian Penal Code :

Provided that this section shall not apply to persons in the service of any contractor employed by the Trustees.

Section 5. Rules

( 1 ) The1[Central Government] may make rules to carry out the purposes of this Act.

( 2 ) In particular, and without prejudice to the generally of the forgoing power, such rules may provide-

(a) for the manner in which Trustees, other than ex-officio Trustees, sh all be appointed, and for the periods of time for which such Trustees sh all hold office,

(b) for the manner in which me etings of the Trustees sh all he convened, the quorum necessary for the transaction of business, and the procedure at such me etings;

2[(bb) for the manner in which a maj ority decision of the Trustees sh all be obtained by circulation to the Trustees of the matter requiring decision;]

(c) for the appointment of Committees of the Trustees, and the powers of expenditure and control which may be delegated to such Committees;

(d) for the erection, maintenance and management of the Memorial, the care and custody of the objects deposited therein, and the conditions under which the public sh all have access thereto;

(e) for the form of accounts to be kept by the Trustees, and for the audit and publication of such accounts; and

(f) for the application to the officers and servants employed by the Trustees of the rules which apply to the civil servants of the3[Government], or to any class of such civil servants.

1. Sub stituted for the words "Governor-General in Council" by A. L. O. 1950 .

2. Inserted by the Victoria Memorial (Amendment) Act, 1943 ( 25 of 1943), S. 3.

3 . Sub stituted for the word 'Crown' by A. L. O. 1950 .


Amending Acts

Amendment Act (40 of 72 ) NO. 1

THE VICTORIA MEMORIAL (AMENDMENT) ACT, 1972

[Act, No.40 OF 1972]

[25th August, 1972]

An Act further to amend the Victoria Memorial Act, 1903.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows: -

1.Short title.-

This Act may be called the Victoria Memorial (Amendment) Act, 1972.

2.Amendment of section 2.-

In the Victoria Memorial Act, 1903, in section 2, in sub-section (1),

(i) for clause (a), the following clause shall be substituted, namely:-

(a) the Minister in charge of the Ministry of the Central Government concerned with matters relating to the Victoria Memorial,".

(ii) for clause (d), the following clause shall be substitute, namely,:-

"(d) two persons to be nominated by the Central Government form among persons who, in the opinion of that Government, have expert knowledge of the exhibits in the Victoria Memorial or are museologists, historians or art historians.";

(iii) for clause (h), the following clause shall be substituted, namely:-

"(h) such and so may person as shall form time to time be nominated by the Trustees form among persons who, in the opinion of the Trustees, have expert knowledge of the exhibits in the Victoria Memorial or are museologists, historians or art historians, with the approval of the Central Government to represent the general body of subscribers."

Amendment Act (32 of 81) NO. 2

THE VICTORIA MEMORIAL (AMENDMENT) ACT, 1981

[Act, No. 32 of 1981]

[17th September, 1981.]

PREAMBLE

An Act further to amend the Victoria Memorial Act, 1903.

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:-

1.Short title.-

This Act may be called the Victoria Memorial (Amendment) Act. 1981.

2.Amendment of section 2.-

In the Victoria Memorial Act, 1903(10 of 1903) (hereinafter referred to as the principal Act), in section 2,

(I) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) The Trustees of the Victoria Memorial (hereinafter called the trustees ) shall be the following, namely:-

(a) the Government of West Bengal, ex officio Chairman;

(b) the Chief Justice of the High Court of West Bengal ex officio:

(c) three persons to be nominated by the Central Government one of whom shall be a representative of commerce and industry, chosen in consultation with the State Government of West Bengal and two others chosen from among persons who, in the opinion of the Central Government, have expert knowledge of the exhibits in the Victoria Memorial or are musicologists, historians or art historians;

(d) a representative of the Central Government in the Ministry concerned with matters relating to the Victoria Memorial, ex officio;

(e) a representative of the Central Government in the Ministry of Finance, Department of Expenditure, concerned with matters relating to the Victoria Memorial, ex officio;

(f) the Mayor of the Corporation of Calcutta and where the Corporation of Calcutta is superseded, the Administrator of that Corporation, ex officio;

(g) an officer, not below the rank of the Accountant-General, nominated by the Comptroller and Auditor-General of India, ex officio;

(h) the Secretary to the Government of West Bengal in the Department of Education, ex officio;

(i) four persons (of whom one at least shall be from the general body of subscribers), to the nominated by the Trustees, from among persons, who, in the opinion of the Trustees from among persons, who, in the opinion of the Victoria Memorial or are museologists, historians or art historians, with the approval of the Central Government.";

(ii) after sub-section (3), the following sub-section shall be inserted, namely:-

"(3A) If any of the Trustees referred to in clauses (b), (d), (e), (f), (g) and (h) of sub-section (1) is unable to attend any meeting of the Trustees, he may, with the previous approval of the Chairman, authorise in writing a person to do so.".

3.Amendment of section 5.-

In section 5 of the principal Act,

(a) in sub-section (1), after the words "Central Government may", the words ", by notification in the Official Gazette, "shall be inserted:

(b) in sub-section (2),-

(i) after clause (d), the following clause shall be inserted, namely:-

"(da) for the fees to be levied for admission to the Victoria Memorial;";

(ii) in clause (e), the word "and" occurring at the end shall be omitted;

(iii) clause (f) shall be omitted;

(c) after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".

4.Insertion of new section 6.-

After section 5 of the principal Act, the following section shall be inserted, namely:-

Power of Trustees to make regulations.-

(1) The Trustees may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations, not inconsistent with the Act and the rules made there-under, for enabling the body to discharge its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the conditions and restrictions subject to which articles and things vested in the Trustees may be given on loan:

(b) the recruitment and conditions of service of the employees of the Victoria Memorial.

(3) Every regulations shall, as soon as may be, after it is made by the Trustees, be forwarded to the Central Government and that Government shall cause a copy of the same to be laid before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both House agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.".