REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 56] NEW DELHI, FRIDAY, DECEMBER 16, 1969/PAUSA 5, 1891 SAKA
Separata paging is given to this part in order that it may be filed
as a separate compilation
MINISTRY OF LAW
(Legislative Department) New Delhi, the 26th December, 1969|Pausa 5, 1891 (Saka)
The following Acts of Parliament received the assent of the President on the 26th December, 1969, and are hereby published for general information: —
THE BIHAR LAND REFORMS LAWS (REGULATING MINKS
AND MINERALS) VALIDATION ACT, 1969
No. 42 OF 1.969
[25th December, 1909]
An Act to validate certain provisions contained in the Bihar Land Reforms Act, 1950, and the Bihar Minor Mineral Concession Rules, 1964, and action taken and things done in connection therewith.
BE it enacted by Parliament in the Twentieth Year of the Republic
of India as follows: —
1. This Act may be called the Bihar Land Reforms Laws (Regulating
Mines and Minerals) Validation Act, 1969.
Short title.
2. (1) The laws specified in the Schedule shall be, and shall be deemed always to have been, as valid as if the provisions contained therein had been enacted by Parliament.
(2) Notwithstanding any judgment, decree or order of any court, all action taken, things done, rules made, notifications issued or purported to have been taken, done, made or issued and rents or royalties realised under any such laws shall be aeemed to have been validity taken, done, made, issued or realised, as the case may be, as if this section had been in force at all material times when such action was taken, things were
Valida- tion of certain Bihar State laws and action taken and things done
(397)
398 THE GAZETTE OF INDIA EXTRAORDINABY [PAHT IIconnected there- with.
done, rules were made, notifications were issued, or rents or royalties were realised, and no suit or other proceeding shall be maintained or continued in any court for the refund of rents or royalties realised under any such laws.
(3) For the removal of doubts, it is hereby declared that nothing in sub-section (2) shall be construed as preventing any person from claim- ing refund of any rents or royalties paid by him In excess of the amount due from him under any such laws.
THE SCHEDULE
(See section 2)
1. Section 10 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), as amended by the Bihar Land Reforms (Amendment) Act, 1964 (Bihar Act IV of 1965) and by the Bihar Land Re- forms (Amendment) Act, 1965 (Bihar Act VI of 1965).
2. Section 10-A of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), as inserted by the Bihar Land Reforms (Amend- ment) Act, 1964 (Bihar Act IV of 1965).
3. Section 31 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950), as amended by the Bihar Land Reforms (Amendment) Act, 1964 (Bihar Act IV of 1965) and by the Bihar Land Re- forms (Amendment) Act, 1965 (Bihar Act VI of 1965).
4. Sub-rule (2) of Rule 20 of the Bihar Minor Mineral Concession Rules, 1964, as inserted by the Bihar Minor Mineral Conces- sion (First Amendment) Rules, 1964, published under the Bihar State Government notification No. A|MM-1099|64(Pt.)7700|M, dated the 19th December, 1964, in the Gazette of Bihar (Pt. II) dated the 30th December, 1964.
THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969
No. 43 OF 1969
[26th December, 1969]
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 connected matters.
to declare the Khuda Bakhsh Oriental Public Library at Patna to be
an institution of national importance and to provide for its admi-
nistration and certain other connected matters.
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows: —
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Khuda Bakhsh Oriental Public Library Act, 1969.
Short title and com- mence- ment.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 399(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. It Is hereby declared that the Khuda Bakhsh Oriental Public Library at Patna in the State of Bihar is an institution of national importance.
3. In this Act, unless the context otherwise requires,—
Declara- tion of Khuda Bakhsh Oriental Public Library a3 an institution of nation- al impor- tance. Defini- tions (a) "Board" means the Board established under section 4;
(b) "Chairman" means the 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 Maulvl Khud
(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; (/) "member" means a member of the Board and includes the Chairmen; (g) "prescribed" means prescribed by rules made under this Act; (h) "State Government" means the Government of Bihar. THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY BOARD 4. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be estab- lished for the purposes of this Act, a Board to be known as the Khuda Bakhsh Oriental Public Library Board. Establish- ment and incorpora- tion of Board. (2) The Board shall be a body corporate with the name afore- said, having perpetual succession and a common seal with power, sub- ject to the provisions of this Act, to (acquire, hold and dispose of property and contract, and may, by that name, sue and be sued. 5. (1) The Board shall consist of the following persons, namely: — (a) the Governor of Bihar, ex-officio, Chairman; Composi- tion of Board. (b) the Accountant General, Bihar, ex officio; (c) a person to be nominated by the Central Government, who shall be a member of the family of the late Maulvi Khuda Bakhsh 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 relat- ing to the administration of libraries; (e) the Director, Khuda Bakhsh Oriental Public Library, ex o/ricio 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. 6. (1) The terms of office of nominated members shall be such as may be prescribed. Term of office and fresh nomina- tion In certain cases. (2) Any nominated member may resign his office by giving notice in writing to the Central Government and to the State Government, and on such resignation being notified by the Central Government in the Official Gazette, shall be deemed to have vacated his office, (3) A casual vacancy created by the resignation of a nominated member under sub-section (2) or for any other reason may be filled 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 nominated 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, may nominate another person to act in his place during his absence. 7. No act of the Board shall be invalid merely by reason of— (o) any vacancy in, or defect in the constitution of, the Board, or Vacancies, etc., not to invali- date acts. (b) any defect in the nomination of a person acting as a mem- ber thereof, or (c) any irregularity in its procedure not affecting the merits of the case. Duty of Govern- ment nominat- ing per- sons, etc. 8. (2) 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 who is or whom the Central Govern- ment 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, 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 in any way, directly or Indirect- ly, 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 delibera- tion or decision of the Board with respect to that contract, Meetings of Board. !). (?) The Board shall meet at such times and places and shall, sub- ject to the provisions of sub-sections (2), (?) and (4), observe such rule:; of procedure in regard to the transaction of business at its meet- Ings (including the quorum at meetings) as may be provided by regula- tions 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 previous 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 mem- ber presiding, shall have a second or casting vote. 10. (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. Tempo- rary as- sociation of persons with Board for particular purposes. (2) A person associated with it by the Board under sub-section (/) for any purpose shall have the right to take part in the discus- sions of the Board relating to that purpose, but shall not, by virtue of this section, be entitled to vote. 11. All orders and decisions of the Board shall be authenticated by the signature of the Chairman 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. Authenti- cation of orders and other instru- ments of Board. Staff of Board 12. (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. Transfer of service of existing emplo- yees to Board. 13. Subject to the provisions of this Act, every person employed in the library immediately before the date of establishment of the Board ehali, on and from such date, become an employee of the Board with such designation as the Board may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upen the same terms and conditions as he would have held the same on such date if the Board had not been established and shall continue to do so unless and until his employment in the Board is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Board: Provided that the tenure, remuneration and terms and c/uiditioni-dr" service of any such person shall not be altered to his disadyan£E$sPWSjMJ out the previous approval of the Central Government. "• ' '' 14. The library shall be located at Patna. Location of library. PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD 15. (i) On the establishment of the Board— Property and liabi- lities of Board. (i) all properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the deed of trust, in their capacity as such, shall vest in, and be realisable by, the Board; and (ii) all liabilities in relation to the library which are enforce- able against the said trustees, shall be enforceable only against the Board. (2) All properties, which may, after the establishment of the Board, be given, bequeathed or otherwise transferred to the library or acquir- ed by the Board, shall vest in the Board. Duties of Board. 16. (1) Subject to the provisions of the deed of trust, it shall be the general duty of the Board to manage the library and to plan, promote, organise and implement programmes for the development of the lib- rary on modern scientific lines (including the microfilming of rare manuscripts) and to perfornr such other functions as the Central Gov- ernment may, from time to time, assign to the Board. (2) In particular and without prejudice to the generality of the fore- going provision, the Board may take such steps as it thinks fit— (a) for providing for instruction and research in matters relat- ing to libraries and for the advancement of learning and dissemi- nation of knowledge in such matters; and (b) to do all such other things as may be necessary for the discharge of its functions under this Act. Powers of Board. 17. (1) Subject to such conditions and restrictions as the Central Government may think fit to impose, the Board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its duties under this Act. (2) Subject to such regulations as may be made by the Board in this behalf, the Board may from time to time purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of the Board, be worthy of preservation in the library. 18. For the purpose of enabling the Board to discharge its functions efUciently under this Act, the Central Government may, after due ap- propriation made by Parliament by law in this behalf, pay to the Board in each financial year such sums of money as that Government considers necessary by way of grant, loan or otherwise. Grants by Central 3overn- •nent to 3oard. 19. (1) The Board shall maintain a Fund to which shall be credited— ''und of Board. (a) all moneys paid by the Central Government; (b) such sums of money as the State Government may pay annually having regard to its resolution No. V|L 4055[60E 120, dated the 26th September, 1962; (c) all fees and other charges levied under this Act; (d) all moneys received by the Board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer; (e) all other moneys received by the Board in any other manner or from any other source. (2) The Board may expend such sums as it thinks fit for per- forming its functions under this Act and such sums shall be treated as expenditure payable out of the Fund. 2 of 1934. (3) A sum of money not exceeding such amount as may be pro- vided by regulations made under this Act may be kept in current account with any scheduled bank as defined in section 2 of the Reserve Bank of India Act, 1934, or any other bank approved by the Central Government in this behalf, but any moneys in excess of that sum shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India or invested in such manner as may be approved by the Central Government. Budget. 20. (1) The Board shall, by such date in each year as may be specified by the Central Government, submit to it for approval a budget for the next financial year in the form specified by it, show- ing the estimated receipts and expenditure, and the sums which would be required from the Central Government during that finan- cial year. (2) If any sum granted by the Central Government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to1 the next financial year and taken into account in determining the sum to be provided by the Central Gov- ernment for that year. (3) Subject to the provisions of sub-section (4), no sum shall be expended by or on. behalf of the Board, unless the expenditure is covered by provision in the budget approved by the Central Gov- ernment. (4) Subject to such conditions and restrictions as the Central Government may think fit to Impose, the Board may sanction any reappropriation from one head of expenditure to another or from a provision made for one purpose to that for another purpose. Accounts and audit. 21. (1) The Board shall maintain proper accounts and other rele- vant records and prepare an annual statement of accounts including the balance-sheet in such form as may be specified, and in accord- ance with such general directions as may be Issued by the Centra] Government In consultation with the Comptroller and Auditor- General of India. (2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any per- son appointed by him In connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection with such audit us the Comptroller and Auditor- General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other docu- ments and papers and to inspect the office of the Board, and the library. (4) The accounts of the Board as certified by the Comptroller and Auditor-General of India 01 any other person appointed by him in this behalf, together with the audit report thereon, shall be for- warded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. Returns and reports. 22. (1) The Board shall furnish to the Central Government at such time and in such form and in such manner as the Central Gov- ernment may direct such returns, statements and particulars as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1) the Board shall, as soon as possible after the commencement of each financial year, submit to the Central Government within such time as may be specified by the Central Government a report giving true and full account of the activities of the Board during the previous financial year and an account of activities likely to be undertaken during the current financial year. 23. (I) 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 may give to it from time to time: Provided that the Board shall be given an opportunity to express its views before any direction is given under this sub-section. Power of Central Govern- ment to issue directions to Board. (2) The decision of the Central Government whether a question is one of policy or not shaU be final. Delega- tion of powers and duties. 24. The Board may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such condi- tions, if any, as may be specified 4n the order, be exercised or dis- charged also by any member, officer or employee of the Board specified in this behalf in the order. 45 of 1880. 25. All officers and employees
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 405
26. No suit, prosecution or other legal proceeding shall lie against the Board or any member, officer or employee of the Board for any- thing which is in good faith done or intended to be done in pursu- ance of this Act or of any rule or regulation made thereunder. Protec- tion of action taken under the Act. 27. (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act: Provided that when the Board has been established, no 'such Power of Central Govern- ment to make rules. rules shall 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 follow- ing matters, namely: — (a) the term of office of, and the manner of filling casual vacancies among, the members nominated under clauses (c) and (d) of sub-section (1) of section 5; (b) the travelling and other allowances payable to a mem- ber other than the Chairman and to a person associated with the Board under section 10; (c) the disqualifications for membership of the Board and the procedure to be followed in removing a member who is or becomes subject to any disqualification; (d) the conditions subject to which, and the mode 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 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 successive sessions, and if before the expiry of the session in which it is so laid or the session immediately follow- ing, 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. 28. (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 thereunder, 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 manu- scripts and books in the library may be used; (b) the manner in which, and the purposes for which, per- sons may be associated with the Board; (c) the time and place of meetings of the Board, the proce- dure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting; (d) the maintenance of minutes of meetings of the Board and the transmission of copies thsreof to the Central Govern- ment; (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, pay- ments, deposits and 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 and accounts; (i) the compilation of catalogues and inventories of the manuscripts, books and other articles and things in the library; (j) the steps to be taken for the preservation of the manu- scripts, books and other articles and things in the library; (fc) the general management of the library; (1) the fees and other charges to be levied for the use 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 func- tions under this Act. (3) The Central Government may, after consultation 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). N. D. P. NAMBOODIRIPAD, PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROM). NEW DELHI AND PUBLISHED BY THE MANAOER OF PUBLICATIONS, DELHI, 1 9WCHAPTER II
CHAPTER III
CHAPTER IV
FINANCE, ACCOUNTS, AUDIT AND REPORTS
CHAPTER V
MISCELLANEOUS
Power of
Board to
make re-
gulations.
Joint Secy, to the Govt. of India.