The Khuda Bakhsh Oriental Public Library Act, 1969
Administered Ministry: Ministry of Culture
Section
Section 21 Accounts and audit. 1 docs
(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as may be specified, and in accordance with such general directions as may be issued by the Central 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 person 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 as 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 documents 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 or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
(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 person 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 as 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 documents 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 or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
Section 22 Returns and reports. 1 docs
(1) The Board shall furnish to the Central Government at such time and in such form and in such manner as the Central Government 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.
(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.
Section 23 Power of Central Government to issue directions to Board. 1 docs
(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 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.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
Provided that the Board shall be given an opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
Section 24 Delegation of powers and duties. 1 docs
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 conditions, if any, as may be specified in the order, be exercised or discharged also by any member, officer or employee of the Board specified in this behalf in the order.
Section 25 Officers and employees of Board to be public servants. 1 docs
All officers and employees of the Board shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 26 Protection of action taken under the Act. 1 docs
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 pursuance of this Act or of any rule or regulation made thereunder.
Section 27 Power of Central Government to make rules. 1 docs
(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 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 following 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 member 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 1 [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.
Provided that when the Board has been established, no such 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 following 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 member 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 1 [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.
1. Subs. by Act 51 of 1981, s. 2, for certain words (w.e.f. 24-12-1981).
Section 28 Power of Board to make regulations. 1 docs
(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 manuscripts and books in the library may be used;
(b) the manner in which, and the purposes 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 transaction of business at a meeting;
(d) the maintenance of minutes of meetings 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 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 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 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 functions 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).
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 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 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.]
(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 manuscripts and books in the library may be used;
(b) the manner in which, and the purposes 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 transaction of business at a meeting;
(d) the maintenance of minutes of meetings 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 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 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 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 functions 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).
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 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 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.]
1. Ins. by Act 51 of 1981, s. 3 (w.e.f. 24-12-1981)