THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969
THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969
Title : THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969
Year : 1969
(1) In the discharge of its functions under this Act, the Board shall be bound by such Directions on questions of policy as the Central Government any give to it from time to time; Provided that the Board shall be given an opportunity to express its views before any directions given under this sub-section., (2) The decision of the Central Government whether a question is one of policy or not shall be final.
The Board may, by general or special order in writing, direct that all or any of the powers of duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, office or employee of the Board specified in this behalf in the order.
All offers and employees of the Board shall, when acting or purporting too act in pursuance of the provisions of this Act or of any rule or regulation made there under, be deemed to the Public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against the Board or any member, officer or employee of the Board for anything which is good faith done or intended to be done in pursuance of this Act or of any rule or regulation made there under.
(1) The Central Government may, by notification in the Official Gazette, make rule to give effect to the provision of this Act.
Provided that when the Board has been established, no such rules will be made without consulting the Board.
(2) In Particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
(a) The term of office of, and manner of filling casual vacancies among, the members nominated under clause (c) and (d) of sub- section (1) of section 5;
(b) The travelling and other allowances payable to a member other than chairman and to a person associated with the Board under section 10;
(c) The disqualification's for membership of the Board and the procedure to be followed in removing a member who is or becomes subject to any disqualification's;
(d) The conditions subject to which, and the more in which, contracts may be entered into by or on behalf of the Board ;
(e) Any other matter which has to be or may be prescribed.
(3) Every rule made under this section shall be laid down 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 on session1*[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid], both Houses agree in making any modifications in the rule or both Houses agree that the rule should not be made, the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form to 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.
1. Substituted for "or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following" by the Khuda Bakhsh Oriental Public Library (Amendment) Act, 1981 w.e.f. 24-12-1981.
(1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations, not inconsistent with this Act and the rules made there under, for enabling it 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 the manuscripts and books in the library may be used ;
(b) The manner in which, and the purposed for which, persons may be associated with the Board;
(c) The time and place of meetings of the Board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transactions of business at a meeting;
(d) The maintenance of minutes of meeting of the Board and the transmission of copies thereof to the Central Government ;
(e) The recruitment and conditions of service of officers and other employees of the Board;
(f) The persons by whom and the manner in which, payments deposits investments, may be made on behalf of the Board:
(g) The maximum amount that may be kept in the current account;
(h) The maintenance of registers an accounts;
(i) The compilation of catalogues an inventories of the manuscripts, books and other articles an things in the library ;
(j) The steps to be taken for the preservation of the manuscripts, books and other articles and things in the library ;
(k) The general management of the library;
(l) The fees and other charges to be levied for the used of manuscripts and books in the library ;
(m) Any other matter in respect of which provision is, in the opinion of the Board, necessary for the performance of its functions under this Act.
(3) The Central Government may, after consolation with the Board by notification, in the Official Gazette, amend, vary or rescind any regulation which it has approved ; and thereupon the regulation shall have effect accordingly but without prejudice to the exercise of the powers of the Board under sub- sections (1) and (2)
1*[(4) Every regulation made 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 it, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses 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.]
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