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RAMPUR RAZA LIBRARY ACT

Ministry of Law and Justice

Act nº 22 of 1975


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter v
  • Amending Acts
  • Act nº 22 of 1975

Preamble

1 THE RAMPUR RAZA LIBRARY ACT, 1975

[Act, No. 22 of 1975]

[9th May 1975]

PREAMBLE

An Act to declare the Rampur Raza Library to be an institution of national importance and to provide for its administration and matters connected therewith or incidental thereto.

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

1. The Rampur Raza Library Act, 1975, was amended by 'The Rampur Raza Library (Amendment) Act, 1981, and come in force on 24th December, 1981.


Chapter I

Section 1. Short title and commencement

(1) This Act may be called the Rampur Raza Library Act, 1975.

(2) It shall come into force on such date {1-7-1975 vide Notification No.G.S.R.354 (E), dt.26-6-75.} as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Declaration of Rampur Raza Library as an institution of national importance

It is hereby declared that the Rampur Raza Library, at Rampur, is an institution of national importance.

Section 3. Definitions

In thisAct, unless the contest otherwise requires,--

(a) "Board" means theBoard established under section 4;

(b) "Chairman" means the Chairmanof the Board;

(c) 'deedof trust" means the deed of trust executed by the late Nawab Sir Syed RazaAli Khan Bahadur of Rampur, on the 6th August, 1951, and registered asNo.103, Book IV, Volume No.3, on pages 74 to 93 of the Office ofthe officiating Chief Sub-Registrar,Rampur;

(d) "fund" means theFund referred to in section 19;

(e) "library"means the Rampur Raza Library, which is declared by this Act to be aninstitution of national important;

(f)"member" means a member of the Board and includes the Chairman, andalso includes the Vice-Chairman,if any;

(g) "prescribed" meansprescribed by rules made under this Act;

(h) "Rampur" means theheadquarters of the District of Rampur in the State of Uttar Pradesh;

(i) "State Government"means the Government of the State of Uttar Pradesh.

Chapter II

Section 4. Establishment and incorporation of Board

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established for the purposes of this Act, a Board, to be known as the "Rampur Raza Library Board".

(2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and he sued.

Section 5. Composition of Board

(1) The Board shall consist of the following person, namely

(a) Shri Syed Murtaza Ali Khan, for life, who shall be the Vice-Chairman;

(b) Shri Syed Murtaza Ali Khan, for life, who shall be the Vice-Chairman;

(c) Colonel Bashir Hussain Zaidi, for life;

(d) The Accountant-General, Uttar Pradesh, ex officio;

(e) a descendant of the late Nawab Sir Syed Raza Ali Khan Bahadur of Rampur, to be nominated by the Central Government.

(f) four persons to be nominated by the Central Government, out of whom

(i) two shall be persons who, in the opinion of the Central Government, have expert knowledge with regard to the collections in the library or are distinguished historians or scholars of Arabic.Persian or Urdu,

(ii) one shall be an officer, not below the rank of a Deputy Secretary to the Government of India in the Department dealing with matters connected with the library,

(iii) one shall be a person who, in the opinion of the Central Government, has expert knowledge of, and experience in, management of public libraries;

(g) the Collector and District Magistrate, Rampur, ex officio;

(h) three other persons, of whom at least two shall be scholars of repute, to be nominated by the State Government;

(i) the Director of the Library, ex officio, who shall be the Member-Secretary.

(2) Every nomination made under this section shall be notified by the Central Government in the Official Gazette and every nomination so notified shall take effect from the date of the notification.

Section 6. Term of office and fresh nomination in certain cases

(1) The terms of office of nominated members shall be such as may be prescribed.

(2) Any nominated member may resign his office by giving notice in writing to the Government nomination him, and on such resignation being notified by the Central Government in the Official Gazette, he shall be deemed to have vacated his office on the date of public of such notification.

(3) If the office of any nominated members is vacated before the expiry of the term of his office, the resulting vacancy may be filled by fresh nomination by the Government by which such members was nominated, and the members so nominated shall hold office for the remainder of the term of office of the member in whose place he is nominated.

(4) An outgoing member shall be eligible for re-nomination.

(5) If any nominated member is, by infirmity or otherwise, rendered temporarily incapable of carrying out his duties or is absent on lave or otherwise in circumstance not involving the vacation of his office, the Central Government or the State Government, as the case may, be may nominate another person to act in his place during his absence.

Section 7. Vacancies, etc., not to invalidate acts

No act of the Board shall be invalid merely by reason of

(a) any vacancy, in or defect in the constitution, of the Board, or

(b) any defect in the nomination of a person acting as a member thereof, or

(c) any irregularity in its procedure not affecting the merits of the case.

Section 8. Duty of Government nominating persons

(1) Before nominating a person to be a member of the Board, the Central Government or the State Government, as the case may be, shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member, and the Central Government or the State Government, as the case may be, shall also satisfy itself from time to time with respect to every member nominated by it that he has no such interest; and any person why is or whom the Central Government or the State Government, as the case may, be proposes to nominate and who has consented to be a member shall, whenever requested by the Central Government of the State Government so to do, furnish to it such information with regard to his financial or other interest in the library as that Government considers necessary for the performance by it of its duties under this sub-section.

(2) A nominated member who is, in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement, entered into or to be entered into, by or on behalf of the Board shall, as soon as possible, after relevant circumstance have come to his knowledge, disclose the nature of his concern or interest at a meeting of the Board and the disclose shall be recorded in the minutes of the Board and the member shall not take any party after such disclosure in the discussion, or vote, on the contract or arrangement; and if he does vote, his vote shall be void.

Section 9. Meetings of Board

(1) The Board shall meet at such times and places and shall, subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made under this Act.

(2) The Chairman or, in his absence, the Vice-Chairman, if any, or in the absence of both, any members chosen by the members present from amongst themselves, shall preside at a meeting of the Board.

(3) if an officer of Government who is nominated as a member of the Board by virtue of his office is unable to attend any meeting of the Board, he may, with the previous approval of the Chairman, authorise in writing, any person to attend that meeting, but the person so authorised shall not be entitled to vote at that meeting.

(4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or, in his absence, the Vice-Chairman, if any, or, in the absence of both, the members presiding, shall have a second or casting vote.

Section 10. Temporary association of persons with Board for particular purposes

(1) The Board may associate with itself in such manner and for such purposes as may be provided by regulations made under this Act, any person whose assistance or advice it may desire to have with regard to the performance of any of its functions under this Act.

(2) A person associated with it by the Board under sub-section (1) for any purpose shall have the right to take part in the discussions of the Board relating to that purpose, but shall not, by virtue of this section, be entitled to vote.

Section 11. Authentication of orders and other instruments of Board

(1) All orders and decisions of the Board shall be authenticated by the signature of the Chairman or the Vice-Chairman, if any, or any other member authorised by the Board in this behalf, and all other instruments issued by the Board shall be authenticated by the signature of an officer of the Board authorised in like manner in this behalf.

(2) Orders, decisions or instruments authenticated in accordance with the provisions of sub-section (1) shall be evidence notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), or in any other law for the time being in force.

(3) Any member, officer or other employee of the Board or any other person interested in the library shall be entitled to the furnished, within seven days after he has made a request in that behalf to the library, with a copy of the order, decision or instrument authenticated in the manner specified in sub-section (1), on payment of such fee as may be prescribed.

Section 12. Staff of Board

(1) Subject to the provisions of sub-section (2), the Board may, for the purpose of enabling it efficiently to perform its functions under this Act, appoint such number of officers and other employees as it may think fit.

(2).The recruitment and conditions of service of such officers and employees shall be such as may be provided by regulations made under this Act.