NATIONAL LIBRARY OF INDIA ACT 1976

THE NATIONAL LIBRARY OF INDIA ACT, 1976

ACT No. 76 OF 1976

11th June, 1976

An Act to provide for the administration of the National Libraryand certain other connected matters

 

BE itenacted by Parliament in the Twenty–seventh Year of the Republic of India as follows: –

 

CHAPTER I

PRELIMINARY

 

1.Shorttitle and commencement: (1) This Act may be called theNational Library of India Act, 1976.

 

(2) Itshall come into force on such date as the Central Government may, bynotification in the Official Gazette, appoint.

 

2.Definitions:In this Act, unless the context otherwise requires, –

 

(a) "Board" means the Board established under section 3;

 

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

 

(c) "Fund" means the Fund referred to in section 23;

 

(d) "Library" means the institution located at Calcutta and known at the commencement of the Constitution as the National Library;

 

(e) "member" means a member of the Board and includesthe Chairman;

 

(f) "prescribed" means prescribed by rules made underthis Act.

 

CHAPTER II

THE NATIONAL LIBRARY BOARD

 

3.Establishmentand incorporation of Board: (1) With effect from such dateas the Central Government may, by notification in the Official Gazette,appoint, there shall be established for the purposes of this Act, a Board to beknown as the National Library Board.

 

(2) TheBoard shall be a body corporate with the name aforesaid, having perpetualsuccession 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, sueand be sued.

 

(3)Notwithstanding anything contained in sub–section (2) , the Board shallnot, except with the previous approval of the Central Government, sell orotherwise dispose of any manuscripts, books, articles or things belonging tothe Library, other than articles of furniture, stationery and dead stock oflike nature:

 

Providedthat where any such manuscripts, books, articles or things donated by anyperson to the Library are proposed to be sold or otherwise disposed of, noapproval under this sub–section shall be accorded unless the donor orhis successor–in–interest, as the case may be, has permitted inwriting to do so.

 

4.Compositionof the Board: The Board shall consist of the followingmembers, namely: –

 

(i) a Chairman, being a person of academic distinction, to benominated by the Central Government;

 

(ii) three persons to be elected by Parliament, two from the Houseof the People by the members of the House of the People and one from theCouncil of States by the members of the Council of States;

 

(iii) three persons to be nominated by the Governments of theStates by rotation in the alphabetical order;

 

(iv) four persons to represent the Universities in India, to be nominated in the prescribed manner.

 

Explanation: For the purpose of this clause "University"has the meaning assigned to it in the University Grants Commission Act, 1956(3of 1956) and includes an educational institution declared by Parliament by lawto be an institution of national importance;

 

(v) the Chairman of the University Grants Commission or a memberof that Commission to be nominated by the Chairman thereof’

 

(vi) the Chief Librarian, by whatever name called, of one of thepublic libraries within the meaning of clause (b) of section 2 of the Deliveryof Books and Newspapers (Public Libraries) Act, 1954 (27 of 1954) , but notincluding the National Library, Calcutta, to be nominated by the CentralGovernment by rotation in the alphabetical order;

 

(vii) the Chief Librarian, by whatever name called, of one of thepublic libraries in India [not being a library referred to in clause (vi) ]containing important collections of manuscripts of historical, literary oraesthetic importance, to be nominated by the Central Government;

 

(viii) one person to be nominated by the Indian LibraryAssociation, a society registered under the Societies Registration Act, 1860(21 of 1860) ;

 

(ix) the Director, National Archives of India;

 

(x) eight scholars of repute in different disciplines coveringhumanities, science, social science, medicine, engineering and technology andlaw, to be nominated by the Central Government;

 

(xi) two persons to be elected by the officers and other employeesserving in the Library from amongst themselves in such manner as may be prescribed:

 

Provided that at least one such person shall be a member of thetechnical staff of the Library.

 

Explanation: For the purposes of this clause "memberof the technical staff" means the Librarian, Deputy Librarian, AssistantLibrarian, Technical Assistant, Junior Technical Assistant, Lecturer, Microphotographer, Chemist and such other like categories of persons as may beprescribed;

 

(xii) two persons, not below the rank of Joint Secretary to theGovernment of India, to be nominated by the Central Government, to representrespectively the Ministry or Department of the Central Government dealing withmatters relating to the Library and the Ministry of the Central Governmentdealing with Finance;

 

(xiii) one person to be nominated by the Government of West Bengalto represent that Government;

 

(xiv) the Director of the Library, who shall be the Member–Secretary.

 

5.Disqualificationfor office of member: A person shall be disqualifiedfor being nominated, or as the case may be, elected as, and for being, a memberof the Board or the Executive Council referred to in section 11, ––

 

(a) if he has been convicted and sentenced to imprisonment for anoffence which involves moral turpitude; or

 

(b) if he is an undischarged insolvent; or

 

(c) if he is of unsound mind and is so declared by a competentcourt; or

 

(d) if he has such financial or other interest in the Board as islikely to affect prejudicially the discharge by him of his function as amember.

 

6.Termof office, etc., of members: (1) Every nomination orelection, as the case may be, of the Chairman and the other members undersection 4 shall be notified by the Central Government in the Official Gazetteand their term of office shall be three years from the date of suchnotification:

 

Providedthat the term of office of a member elected under clause (ii) of sub–section(1) of section 4 or under clause (xi) of that sub–section shall come toan end as soon as he ceases to be a member of the House from which he waselected or, as the case may be, he ceases to be in the employment of the Board.

 

(2) Anynominated or elected member may resign his office by giving notice in writingto the Central Government and, on such resignation being notified by theCentral Government in the Official Gazette, he shall be deemed to have vacatedhis office.

 

(3) Acasual vacancy created by the resignation of a nominated or elected memberunder sub–section (2) or by any other reason may be filled by freshnomination by the authority which nominated the member or, as the case may be,by fresh election by the House or body which elected the member and suchnomination or election shall be notified by the Central Government in theOfficial Gazette and a member so nominated or elected shall hold office for theremaining period for which the member in whose place he is nominated or electedwould have held office.

 

(4) Anoutgoing member shall be eligible for re–nomination or re–election.

 

(5) Ifany nominated member is by infirmity or otherwise rendered temporarilyincapable of carrying out his duties or is absent on leave or otherwise incircumstances not involving the vacation of his office, the authority whichnominated the member may nominate another person to act in his place during hisabsence.

 

7.Vacationof office of member: The Central Government shallremove a member of the Board or the Executive Council referred to in section 11if he –

 

(a) becomes subject to any of the disqualifications mentioned insection 5:

 

Provided that no member shall be removed on the ground that he hasbecome subject to the disqualification mentioned in clause (d) of that sectionunless he has been given a reasonable opportunity of being heard in the matter;or

 

(b) is, without obtaining leave of absence from the Board, absentfrom three consecutive meetings of the Board or the Executive Council, as thecase may be.

 

8.Vacancies,etc., not to invalidate acts: No act of the Board shallbe 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 the person acting as a memberthereof, or

 

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

 

9.Membersto disclose their financial or other interest in the Board: Any member who is in any way directly or indirectly interested ina contract made or proposed to be made by the Board shall, as soon as possible,after the relevant circumstances have come to his knowledge, disclose thenature of his interest at a meeting of the Board and the disclosure shall be recordedin the minutes of the Board and the member shall not take part after thedisclosure in any deliberation or decision or the Board with respect to thatcontract.

 

10.Meetingsof Board: (1) The Board shall meet at least twice a year, ordinarily at thepremises of the Library, and shall, subject to the provisions of sub–sections(2) , (3) and (4) , observe such rules of procedure in regard to thetransaction of business at its meetings including the quorum at meetings, asmay be provided by regulations made under this Act.

 

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

 

(3) Ifany member, being an officer of the Government, is unable to attend any meetingof the Board, he may, with the previous approval of the Chairman, authorise, anofficer of the Ministry or Department not below the rank of Deputy Secretary tothe Government of India, in writing to do so.

 

(4) Allquestions at a meeting of the Board shall be decided by a majority of the votesof the members present and voting and in the case of an equality of votes, theChairman or, in his absence, the member presiding, shall have a second orcasting vote.

 

11.ExecutiveCouncil: (1) There shall be an Executive Council of the Board consisting ofnine members.

 

(2) TheDirector of the Library shall by the Chairman of the Executive Council and theother members thereof shall be appointed by the Board partly from among themembers of the Board and partly from outside:

 

Providedthat a representative each from the Ministry of the Central Government dealingwith Finance and the Ministry or Department of the Central Government dealingwith the Library and a representative of the Government of West Bengal shall bemembers of the Executive Council:

 

Providedfurther that without prejudice to the provisions of the preceding proviso notmore than three persons shall be appointed from outside.

 

(3) TheExecutive Council shall assist the Board in the exercise of its powers and theperformance of its duties under this Act, and shall exercise such of the powersand perform such of the duties of the Board as may be prescribed or as theBoard may delegate to it subject to such conditions as the Board may deem fit.

 

(4) Withthe previous approval of the Board, it shall be competent for the ExecutiveCouncil to entertain and adjudicate upon any grievance of the officers andother employees of the Board.

 

(5) Theterm of office of those members of the Executive Council who are not members ofthe Board shall be co–terminus with the term of office of the members ofthe Board.

 

12.Temporaryassociation of persons with Board for particular purposes: (1) The Board may associate with itself in such manner and forsuch purposes as may be provided by regulations made under this Act, any personwhose assistance or advice it may desire in performing any of its functionsunder this Act.

 

(2) Aperson associated with it by the Board under sub–section (1) for anypurpose shall have the right to take part in the discussions of the Boardrelating to that purpose, but shall not, by virtue of this section, be entitledto vote.

 

13.Authenticationof orders and other instruments of Board and Executive Council: (1) All orders and decisions of the Board shall be authenticatedby the signature of the Chairman or any other member authorised by the Board inthis behalf and all other instruments issued by the Board shall beauthenticated by the signature of an officer of the Board authorised in likemanner in this behalf.

 

(2) Allorders and decisions of the Executive Council shall be authenticated by thesignature of the Director of the Library.

 

14.Visitor:(1) The President of India shall be the Visitor of the Library.

 

(2) TheVisitor shall have the right to cause an inspection of the Library to be madeor to cause an enquiry to be made in respect of any matter connected with theLibrary by such person or persons as he may direct.

 

(3) TheVisitor shall in every case give notice to the Board of his intention to causean inspection or inquiry to be made and the Board shall be entitled to appointa representative who shall have the right to be present and be heard at suchinspection or inquiry.

 

(4) TheVisitor may address the Chairman with reference to the result of suchinspection and inquiry, and the Chairman shall communicate to the Board theviews of the Visitor with such advice as the Visitor may offer upon the actionto be taken thereon.

 

(5) TheBoard shall communicate through the Chairman to the Visitor such action, ifany, as it is proposed to take or has been taken upon the result of suchinspection or inquiry/

 

(6)Where the Board does not, within a reasonable time, take action to thesatisfaction of the Visitor, the Visitor may, after considering any explanationfurnished or representation made by the Board, issue such direction as he maythink fit and the Board shall be bound to comply with such direction.

 

(7)Without prejudice to the foregoing provisions of this section, the Visitor may,by order in writing, annual or stay any proceedings of the Board which are notin conformity with the provisions of this Act or the rules or regulations madethereunder:

 

Providedthat no such order shall be made unless the Board has been given a reasonableopportunity of making a representation in the matter.

 

15.Directorof Library: (1) The Visitor shall appoint, in suchmanner as may be prescribed, a person who is a scholar of distinction or is adistinguished librarian possessing high academic status, as the Director of theLibrary.

 

(2) Theterm of office of the Director shall be for a period of five years from thedate on which he assumes office or up to the age of sixty years, whichever islater:

 

Providedthat no person shall hold the office of Director after he attains the age ofsixty–five years.

 

(3) TheDirector shall be entitled to such salary and allowances and shall be subjectto such other conditions of service as may, be prescribed.

 

(4) Theperson appointed as the Director and holding office as such at the commencementof this Act shall be deemed to have been appointed under this section and theprovisions thereof shall apply to him accordingly.

 

16.Staffof Board: (1) Subject to the provisions of this section, the Board may, forthe purpose of enabling it efficiently to perform its functions under this Act,appoint such number of officers and others employees as it may deem fit and inmaking such appointments the Board shall act in conformity with the orders ofthe Central Government for the time being in force regarding reservation forthe Scheduled Castes and the Scheduled Tribes in the services of the Union.

 

(2) Therecruitment and conditions of service of such officers and other employeesshall be such as may be provided by regulations made under this Act.

 

(3)Every officer or other employee of the Board, not being an officer or otheremployee appointed on deputation, shall be appointed on a written contractwhich shall be lodged with the Board and a copy of which shall be furnished tothe employee concerned.

 

(4) Anydispute arising out of a contract between the Board and any of its officers orother employees, not being an officer or other employee appointed ondeputation, shall, at the request of the employee concerned or at the instanceof the Board, be referred to a Tribunal of Arbitration consisting of one memberappointed by the Board, one member nominated by the employee, and an umpireappointed by the Visitor.

 

(5) Thedecision of the Tribunal of Arbitration shall be final and shall not be questionedin any court.

 

(6) Nosuit or other proceeding shall lie in any court in respect of any matter whichis required by sub–section (4) to be referred to the Tribunal ofArbitration.

 

(7) TheTribunal of Arbitration shall have power to regulate its own procedure.

 

(8)Nothing in any law for the time being in force relating to arbitration shallapply to arbitration under this section.

 

17.Transferof service of existing employees to Board: (1) Onthe establishment of the Board it shall be lawful for the Central Government totransfer by order and with effect from such date or dates as may be specifiedin the order to the Board any of the officers or other employees serving in theLibrary:

 

Providedthat no order under this sub–section shall be made in relation to anofficer or other employee who has in respect of the proposal of the CentralGovernment to transfer such officer or employee to the Board intimated withinsuch time as may be specified in this behalf by that Government, his intentionof not becoming an employee of the Board.

 

(2) Anofficer or other employee transferred by an order made under sub–section(1) shall, on and from such date, cease to be an employee of the CentralGovernment, and shall become an employee of the Board with such designation asthe Board may determine and shall, subject to the provisions of sub–sections(3) , (4) and (5) be governed by the regulations made by the Board under thisAct as respects remuneration and other conditions of service including pension,leave and provident fund and shall continue to be an employee of the Boardunless and until his employment is terminated by the Board.

 

(3)Every officer or other employee transferred by an order made under sub–section(1), shall, within six months from such date, exercise his option in writing tobe governed –

 

(a) by the scale of pay applicable to the post held by him underthe Government immediately before the date of establishment of the Board or bythe scale of pay applicable to the post under the Board to which he istransferred,

 

(b) by the leave, provident fund, retirement or other terminalbenefits admissible to employees of the Central Government in accordance withthe rules and orders of the Central Government as amended from time to time orthe leave, provident fund or other terminal benefits admissible to theemployees of the Board under the regulations made by the Board under this Act,and such option once exercised shall be final:

 

Providedthat the option exercised under clause (a) shall be applicable only in respectof the post to which such person is transferred to the Board and on appointmentto a higher post under the Board, he shall be eligible only for the scale ofpay applicable to such higher post:

 

Providedfurther that if immediately before the date of his transfer any such person isofficiating in a higher post under the Government either in a leave vacancy orin any other vacancy of a specified duration, his pay, on transfer, shall beprotected for the unexpired period of such vacancy and thereafter he shall beentitled to the scale of pay applicable to the post under the Government towhich he would have reverted or to the scale of pay applicable to the postunder the Board to which he is transferred, whichever he may opt.

 

(4) Noofficer or other employee transferred by an order made under sub–section(1) –

 

(a) shall be dismissed or removed by an authority subordinate tothat competent to make a similar or equivalent appointment under the Board asmay be specified in the regulations made by the Board under this Act;

 

(b) shall be dismissed or removed or reduced in rank except afteran inquiry in which he has been informed of the charges against him and given areasonable opportunity of being heard in respect of those charges and where itis proposed, after such inquiry, to impose on him any such penalty, until hehas been given a reasonable opportunity of making a representation on thepenalty proposed, but only on the basis of the evidence adduced during suchinquiry:

 

Providedthat this clause shall not apply, –

 

(i) where any officer or other employee is dismissed or removed orreduced in rank on the ground of conduct which has led to his conviction on acriminal charge; or

 

(ii) where the authority empowered to dismiss or remove anyofficer or other employee or to reduce him in rank is satisfied that for somereason, to be recorded by that authority in writing, it is not reasonablypracticable to hold such inquiry; or

 

(iii) to any officer or other employee who, after transfer to theBoard, is appointed to a higher post under the Board in response to an openadvertisement and in competition with outsiders.

 

(5) If,in respect of any such officer or other employee as aforesaid, a questionarises whether it is reasonably practicable to hold such inquiry as is referredto in sub–section (4) the decision thereon of the authority empowered todismiss or remove him or to reduce him in rank shall be final.

 

18.Libraryto be known as National Library of India and location of Library: (1) On and after the commencement of this Act, the Library shallbe known as "the National Library of India", and any reference to theNational Library in any law for the time being in force or in any indenture,instrument or other document shall be construed as a reference to the NationalLibrary of India.

 

(2) TheLibrary shall continue to be located at Calcutta.

 

 

CHAPTER III

PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD

 

19.Propertyand liabilities of Board: (1) On the establishment of theBoard –

 

(i) all properties, funds and dues which are vested in, orrealisable by, the Central Government for the purposes of the Library shallvest in, and be realisable by, the Board; and

 

(ii) all liabilities in relation to the Library, which areenforceable against the Central Government, shall be enforceable only againstthe Board.

 

(2) Allproperties, which may, after the establishment of the Board, be given,bequeathed or otherwise transferred to the Library or acquired by the Boardshall vest in the Board.

 

20.Dutiesof Board: (1) It shall be the general duty of the Board to manage theLibrary and to implement programmes for the development of the Library onmodern scientific lines, to advise the Central and State Governments on mattersrelating to libraries and the working thereof, including the preparation ofbibliographies, descriptive catalogues and other matters and perform such otherfunctions as the Central Government may, from time to time, assign to theBoard.

 

(2) Inparticular and without prejudice to the generality of the foregoing provision,the Board may take such steps as it thinks fit, –

 

(a) to render service to the public for using the Library and toconserve the existing collection of manuscripts, books and other articles inthe Library, on modern scientific lines;

 

(b) to acquire and conserve all significant production of materialprinted in India, all printed material concerning India irrespective of theplace from where it is published, and manuscripts of national importance;

 

(c) to render technical advice to the other public librarieswithin the meaning of clause (b) of section 2 of the Delivery of Books andNewspapers (Public Libraries) Act, 1954(27 of 1954) ;

 

(d) to undertake publication of bibliographies and assistinstitutions and scholars in the publication of bibliographies;

 

(e) to provide facilities for, or to promote symposia and seminarson matters relating to history, literature, science and the like;

 

(f) to arrange for the exhibition of such manuscripts, books,articles or things of the Library as, in the opinion of the Board, would be ofinterest to the public;

 

(g) to undertake and promote exchange of books and periodicalswith libraries and other institutions in countries outside India;

 

(h) to undertake duplication (including photo–duplication), preservation of manuscripts, books, articles or things on behalf of anyperson or institution on such terms and conditions as may be agreed uponbetween the Board and such person or institution; and

 

(i) to do all such other things as may be commensurate with therole of a national library.

 

21.Powersof Board: (1) Subject to such conditions and restrictions as the CentralGovernment may think fit to impose, the Board may exercise all such powers asmay be necessary or expedient for the purpose of carrying out its duties underthis Act.

 

(2)Subject to such regulations as may be made by the Board in this behalf, theBoard 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 ofpreservation in the Library.

 

CHAPTER IV

FINANCE, ACCOUNTS, AUDIT AND REPORT

 

22.Grantsby Central Government to Board: For the purpose ofenabling the Board to perform its functions efficiently under this Act, theCentral Government may, after due appropriation made by Parliament by law inthis behalf, pay to the Board in each financial year such sums of money as thatGovernment considers necessary by way of grant, loan or otherwise.

 

23.Fundof Board: (1) The Board shall maintain a Fund to which shall be credited –

 

(a) all moneys paid by the Central Government;

 

(b) all fees and other charge levied under this Act;

 

(c) all moneys received by the Board by way of grant, gift,donation, benefaction, bequest, subscription, contribution or transfer;

 

(d) all other moneys received by the Board in any other manner orfrom any other source.

 

(2) TheBoard may expend such sums as it thinks fit for performing its functions underthis Act and such sums shall be treated as expenditure payable out of the Fund.

 

(3) Asum of money not exceeding such amount as may be provided by regulations madeunder this Act may be kept in current account with any scheduled bank asdefined in section 2 of the Reserve Bank of India Act, 1934, (2 of 1934) or anyother bank approved by the Central Government in this behalf but any moneys inexcess of that sum shall be deposited in the Reserve Bank of India or with theagents of the Reserve Bank of India or invested in such manner as may beapproved by the Central Government.

 

24.Budget:(1) The Board shall by such date in each year as may be specifiedby the Central Government, submit to it for approval a budget for the nextfinancial year in the form specified by it, showing the estimated receipts andexpenditure, and the sums which would be required from the Central Governmentduring that financial year.

 

(2) Ifany sum granted by the Central Government remains wholly or partly unspent inany financial year, the unspent sum may be carried forward to the nextfinancial year and taken into account in determining the sum to be provided bythe Central Government for that year.

 

(3)Subject to the provisions of sub–section (4), no sum shall be expendedby or on behalf of the Board, unless the expenditure is covered by provision inthe budget approved by the Central Government.

 

(4)Subject to such conditions and restrictions as the Central Government may thinkfit to impose, the Board may sanction any reappropriation from one head ofexpenditure to another or from a provision made for one purpose to that foranother purpose.

 

25.Accountsand audit: (1) The Board shall maintain proper accountsand other relevant records and prepare an annual statement of account includingthe balance sheet in such form as may be specified, and in accordance with suchgeneral directions as may be issued, by the Central Government in consultationwith the Comptroller and Auditor–General of India.

 

(2) Theaccounts of the Board shall be audited annually by the Comptroller and Auditor–Generalof India and any expenditure incurred by him in connection with such auditshall be payable by the Board to the Comptroller and Auditor–General ofIndia.

 

(3) TheComptroller and Auditor–General of India and any person appointed by himin connection with the audit of the accounts of the Board shall have the samerights, privileges and authority in connection with such audit as theComptroller and Auditor–General of India has in connection with theaudit of Government accounts, and, in particular, shall have the right to demandthe production of books, accounts, connected vouchers and other documents andpapers and to inspect the office of the Board and the Library.

 

(4) Theaccounts of the Board as certified by the Comptroller and Auditor–Generalof India or any other person appointed by him in this behalf, together with theaudit report thereon, shall be forwarded by the Board annually to the CentralGovernment and that Government shall cause the same to be laid before eachHouse of Parliament.

 

26.Returnsand report: (1) The Board shall furnish to the CentralGovernment at such time and in such form and in such manner as the CentralGovernment may direct such returns, statements and particulars as the CentralGovernment may, from time to time, require.

 

(2)Without prejudice to the provisions of sub–section (1) , the Boardshall, as soon as possible after the commencement of each financial year,submit to the Central Government within such time as may be specified by theCentral Government a report giving true and full account of the activities ofthe Board during the previous financial year and an account of activitieslikely to be undertaken during the current financial year and the CentralGovernment shall cause the same to be laid before each House of Parliament.

 

CHAPTER V

MISCELLANEOUS

 

27.Delegationof powers and duties: The Board may, by a general orspecial order in writing, direct that all or any of the powers or duties whichmay be exercised or discharged by it shall, in such circumstances and undersuch conditions, if any, as may be specified in the order, be exercised ordischarged also by any member, or any officer or other employee of the Board,specified in this behalf in the order.

 

28.Officersand employees of Board to be public servants: Allofficers and other employees of the Board (including the Director of theLibrary) shall, when acting or purporting to act in pursuance of the provisionsof this Act or of any rule or regulation made thereunder, be deemed to bepublic servants within the meaning of section 21 of the Indian Penal Code.

 

29.Protectionof action taken under the Act: No suit, prosecution orother legal proceeding shall lie against the Board or any member, or anyofficer or other employee of the Board (including the Director of the Library), for anything which is in good faith done or intended to be done in pursuanceof the provisions of this Act or of any rule or regulation made thereunder.

 

30.Powerof Central Government to make rules: (1) TheCentral Government may, by notification in the Official Gazette, make rules togive effect to the provisions of this Act:

 

Providedthat when the Board has been established no such rule shall be made withoutconsulting the Board.

 

(2) Inparticular and without prejudice to the generality f the foregoing power, suchrules may provide for all or any of the following matters, namely: –

 

(a) the travelling and other allowances payable to a member(including a member of the Executive Council appointed under section 11) and toa person associated with the Board under section 12;

 

(b) the manner of appointment to the post of, and the salary andallowances and other terms and conditions of service of, the Director of theLibrary under section 15;

 

(c) the conditions subject to which, and the mode in which,contracts may be entered into by or on behalf of the Board;

 

(d) 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 ismade, before each House of Parliament while it is in session for a total periodof thirty days, which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule.

 

31.Powerof Board to make regulations: (1) The Board may, withthe previous approval of the Central Government, by notification in theOfficial Gazette, make regulations, not inconsistent with this Act and therules made thereunder, for enabling it to perform its functions under this Act.

 

(2) Inparticular and without prejudice to the generality of the foregoing power, suchregulations may provide for all, or any of the following matters, namely: –

 

(a) the conditions and restrictions subject to which manuscriptsand books in the Library may be used;

 

(b) the manner in which and the purposes for which persons may beassociated with the Board;

 

(c) the time and place of meetings of the Board, the procedure tobe followed in regard to the transaction of business at such meetings and thequorum necessary for the transaction of business at a meeting;

 

(d) the maintenance of minutes of meetings of the Board and thetransmission of copies thereof to the Central Government;

 

(e) the recruitment and conditions of service of officers andother employees of the Board;

 

(f) the person by whom and the manner in which, payments, depositsand 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 themanuscripts, books, articles and things in the Library;

 

(j) the steps to be taken for the preservation of the manuscripts,books, articles and things in the Library;

 

(k) the general management of the Library;

 

(l) the fees and other charges to be levied for the facilitiesthat may be afforded for photo–copying of manuscripts and books in theLibrary;

 

(m) the charges that may be levied by way of rent for the issue ofrooms in the readers’ hostel in the Library;

 

(n) any other matter in respect of which provision is, in theopinion of the Board, necessary for the performance of its functions under thisAct.

 

(3) TheCentral Government may, after consultation with the Board, by notification inthe Official Gazette, amend, vary or rescind any regulation which it hasapproved and thereupon the regulation shall have effect accordingly but withoutprejudice to the exercise of the powers of the Board under sub–sections(1) and (2).

 

 

 

 

 

 

 

 

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