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KHUDABAKHSH ORIENTAL PUBLIC LIBRARY ACT

Ministry of Law and Justice

Act nº 43 of 1969


  • Chapter 1
  • Chapter 2
  • Chapter 3
  • Chapter 4
  • Chapter 5
  • Amending Acts
  • Act nº 43 of 1969

Preamble

THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969

[Act, No. 43 of 1969]

[26th December, 1969]

PREAMBLE

An Act to declare the Khuda Bakhsh Oriental Public Library at Patna to be an institution of national importance and to provide for its administration and certain other concerned matters.

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

Chapter 1

Section 1. Short title and commencement

(1) This Act may be called the Khudha Bakhsh Oriental Public Library Act, 1969.

(2) It shall come into force on such date {21- 7- 1970 vide G. S. R. 1255, dated 17thJuly, 1970, Pt. II, Sec. 3 (i), P. 3074. } as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Declaration of Khuda Bakhsh Oriental Public Library as an institution of national importance

It is hereby declared that the Khuda Bakhsh Oriental Public Library at Patna in the State of Bihar is an institution of material importance.

Section 3. Definitions

In this Act, unless the context otherwise requires :--

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

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

(c) "deed of trust means the deed of trust No.217 executed in the office of the Deputy Registrar of Patna by the late Muradpur on the 14th January, 1891;

(d) "Fund" means the Fund referred to in section 19;

(e) "library" means the Khuda Bakhsh Oriental Public Library declared to be an institution of national importance under this Act ;

(f) " member" means a member of the Board and includes the Chairman :

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

(h) "State Government" means the Government of Bihar.

Chapter 2

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 purposed of this Act, a Board to be known as the Khudha Baksh Oriental 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 contract, and may, by that name, sue an be sued.

Section 5. Composition of Board

(1) The Board shall consist of the following persons namely :--

(a) the Governor of Bihar, ex office, Chairman ;

(b) the Accountant General, Bihar, ex office ;

(c) a person to be nominated by the Central Government, who shall be a member of the family of the late Maulvi Khuda Baksh Khan Bahadur of Muradpur ;

(d) eight persons, four each to be nominated by the Central Government and the State Government, who, shall as far as possible, be persons having knowledge, of, and experience in, matters relating to the administration of libraries ;

(e) the Director, Khuda Baksh Oriental Public Library, ex office Member --- Secretary.

(2) Every nomination under this section shall take effect as soon as it is notified by the Central Government in the Official Gazette.

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 to writing to the Central Government and to the State Government, and no such resignation being notified by the Central Government in the Official Gazette, shall be deemed to have vacated his office.

(3) A causal vacancy created by the resignation of a nominated member under sub-section (2) or for any other reason may be filed by fresh nomination by the Central Government or the State Government as the case may be, and a member so nominated shall hold office for the remaining period for which the member in whose place he is nominated would have held office.

(4) An outgoing member shall be eligible for renomination.

(5) If any nomination member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Central Government or the State Government, as the case may be, ma 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 detect 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, etc.

(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 persons 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 who 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 or the State Government so to do so, furnish to it such information as that Government considers necessary for the performance by it of its duties under this sub-section.

(2) A nominated member who is any way, directly or indirectly, interested in a contract made or proposed to be made, by the Board shall, as soon as possible, after relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the Board and the disclosure shall be recorded in the minutes of the Board and the member shall not take any part after the disclosure in any deliberation or decision of the Board with respect to that contract.

Section 9. Meeting of Board

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

(2) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Board.

(3) If any nominated member, being an Officer, of Government is unable to attend any meeting of the Board, he may, with the provisions approval of the chairman, authorise any person in writing to do so.

(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 member 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 in performing 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 discussion 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

All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other member authorized 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.

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.