National Library of India Act, 1976

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ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS

  1. Short title and commencement.
  2. Definitions.

CHAPTER II

THE NATIONAL LIBRARY BOARD

  1. Establishment and incorporation of Board.
  2. Composition of the Board.
  3. Disqualification for office of member.
  4. Term of office, etc., of members.
  5. Vacation of office of member.
  6. Vacancies, etc., not to invalidate acts.
  7. Members to disclose their financial or other interest in the Board.
  8. Meetings of Board.
  9. Executive Council.
  10. Temporary association of persons with Board for particular purposes.
  11. Authentication of orders and other instruments of Board and Executive Council.
  12. Visitor.
  13. Director of Library.
  14. Staff of Board.
  15. Transfer of service of existing employees to Board.
  16. Library to be known as “National Library of India” and location of Library.

CHAPTER III

PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD

  1. Property and liabilities of Board.
  2. Duties of Board.
  3. Powers of Board.

CHAPTER IV

FINANCE, ACCOUNTS, AUDIT AND REPORT

  1. Grants by Central Government to Board.
  2. Fund of Board.
  3. Budget.

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SECTIONS

  1. Accounts and audit.
  2. Returns and report.

CHAPTER V

MISCELLANEOUS

  1. Delegation of powers and duties.
  2. Officers and employees of Board to be public servants.
  3. Protection of action taken under the Act.
  4. Power of Central Government to make rules.
  5. Power of Board to make regulations.

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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 Library and certain other connected

matters.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

  1. Short title and commencement.—(1) This Act may be called the National Library of India

Act, 1976.

(2) It shall come into force on such date as the Central Government may, by notification in the

Official Gazette, appoint.

  1. 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 includes the Chairman;

(f) “prescribed” means prescribed by rules made under this Act.

CHAPTER II

THE NATIONAL LIBRARY BOARD

  1. 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

purposes of this Act, a Board to be known as the National 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 the name, sue and be sued.

(3) Notwithstanding anything contained in sub-section (2), the Board shall not, except with the

previous approval of the Central Government, sell or otherwise dispose of any manuscripts, books,

articles or things belonging to the Library, other than articles of furniture, stationary and dead stock of

like nature:

Provided that where any such manuscripts, books, articles or things donated by any person to the

Library are proposed to be sold or otherwise disposed of, no approval under this sub-section shall be

accorded unless the donor or his successor-in-interest, as the case may be, has permitted in writing to do

so.

  1. Composition of the Board.—The Board shall consist of the following members, namely:—

(i) a Chairman, being a person of academic distinction, to be nominated by the Central

Government;

(ii) three persons to be elected by Parliament, two from the House of the People by the members

of the House of the People and one from the Council of States by the members of the Council of

States;

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(iii) three persons to be nominated by the Governments of the States 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 (3 of 1958) and includes an educational institution declared

by Parliament by law to be an institution of national importance;

(v) the Chairman of the University Grants Commission or a member of that Commission to be

nominated by the Chairman thereof;

(vi) the Chief Librarian, by whatever name called, of one of the public libraries within the

meaning of clause (b) of section 2 of the Delivery of Books and Newspapers (Public Libraries)

Act, 1954 (27 of 1954), but not including the National Library, Calcutta, to be nominated by the

Central Government by rotation in the alphabetical order;

(vii) the Chief Librarian by whatever name called, of one of the public libraries in India [not

being a library referred to in clause (vi)] containing important collections of manuscripts of historical,

literary or aesthetic importance, to be nominated by the Central Government;

(viii) one person to be nominated by the Indian Library Association, 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 covering humanities, science, social science,

medicine, engineering and technology and law, to be nominated by the Central Government;

(xi) two persons to be elected by the officers and other employees serving 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 the technical staff of the Library.

Explanation.—For the purposes of this clause “member of the technical staff” means the

Librarian, Deputy Librarian, Assistant Librarian, Technical Assistant, Junior Technical Assistant,

Lecturer, Microphotographer, Chemist and such other like categories of persons as may be

prescribed;

(xii) two persons, not below the rank of Joint Secretary to the Government of India, to be

nominated by the Central Government, to represent respectively the Ministry or Department of the

Central Government dealing with matters relating to the Library and the Ministry of the Central

Government dealing with Finance;

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

Government;

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

  1. Disqualification for office of member.—A person shall be disqualified for being nominated, or,

as the case may be, elected, as and for being, a member of the Board or the Executive Council referred to

in section 11,—

(a) if he has been convicted and sentenced to imprisonment for an offence 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 competent court; or

(d) if he has such financial or other interest in the Board as is likely to affect prejudicially the

discharge by him of his function as a member.

  1. Term of office, etc., of members.—(1) Every nomination or election, as the case may be, of the

Chairman and the other members under section 4 shall be notified by the Central Government in the

Official Gazette and their term of office shall be three years from the date of such notification:

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Provided that 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 to an end as soon as he ceases to be a member of the

House from which he was elected or, as the case may be, he ceases to be in the employment of the Board.

(2) Any nominated or elected member may resign his office by giving notice in writing to the Central

Government and, on such resignation being notified by the Central Government in the Official Gazette,

he shall be deemed to have vacated his office.

(3) A casual vacancy created by the resignation of a nominated or elected member under

sub-section (2) or by any other reason may be filled by fresh nomination 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 such nomination or election shall be notified by the Central Government in the Official

Gazette and a member so nominated or elected shall hold office for the remaining period for which the

member in whose place he is nominated or elected would have held office.

(4) An outgoing member shall be eligible for re-nomination or re-election.

(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 authority which nominated the member may nominate another person to act in his place during his

absence.

  1. Vacation of office of member.—The Central Government shall remove a member of the Board or

the Executive Council referred to in section 11 if he—

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

Provided that no member shall be removed on the ground that he has become subject to the

disqualification mentioned in clause (d) of that section unless he has been given a reasonable

opportunity of being heard in the matter; or

(b) is, without obtaining leave of absence from the Board, absent from three consecutive meetings

of the Board or the Executive Council, as the case may be.

  1. Vacancies, etc., not to invalidate acts.—No act of the Board shall be 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 member thereof, or

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

  1. Members to disclose their financial or other interest in the Board.—Any member who is in any

way directly or indirectly interested in a 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 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 part after the disclosure in any deliberation or decision of the Board with respect to

that contract.

  1. Meetings of Board.—(1) The Board shall meet at least twice a year, ordinarily at the premises of

the Library, and shall, subject to the provisions of sub-sections (2), (3) and (4), observe such rules of

procedure in regard to the transaction of business at its meetings 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 member, being an officer of the Government, is unable to attend any meeting of the Board,

he may, with the previous approval of the Chairman, authorise, an officer of the Ministry or Department

not below the rank of Deputy Secretary to the Government of India, 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.

  1. Executive Council.—(1) There shall be an Executive Council of the Board consisting of nine

members.

(2) The Director of the Library shall be the Chairman of the Executive Council and the other

members thereof shall be appointed by the Board partly from among the members of the Board and partly

from outside:

Provided that a representative each from the Ministry of the Central Government dealing with

Finance and the Ministry or Department of the Central Government dealing with the Library and a

representative of the Government of West Bengal shall be members of the Executive Council:

Provided further that without prejudice to the provisions of the preceding proviso not more than three

persons shall be appointed from outside.

(3) The Executive Council shall assist the Board in the exercise of its powers and the performance of

its duties under this Act, and shall exercise such of the powers and perform such of the duties of the

Board as may be prescribed or as the Board may delegate to it subject to such conditions as the Board

may deem fit.

(4) With the previous approval of the Board, it shall be competent for the Executive Council to

entertain and adjudicate upon any grievance of the officers and other employees of the Board.

(5) The term of office of those members of the Executive Council who are not members of the Board

shall be co-terminous with the term of office of the members of the Board.

  1. 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 discussions of the Board relating to that purpose, but shall not, by virtue of this section,

be entitled to vote.

  1. Authentication of orders and other instruments of Board and Executive Council.—(1) 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.

(2) All orders and decisions of the Executive Council shall be authenticated by the signature of the

Director of the Library.

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

(2) The Visitor shall have the right to cause an inspection of the Library to be made or to cause an

inquiry to be made in respect of any matter connected with the Library by such person or persons as he

may direct.

(3) The Visitor shall in every case give notice to the Board of his intention to cause an inspection or

inquiry to be made and the Board shall be entitled to appoint a representative who shall have the right to

be present and be heard at such inspection or inquiry.

(4) The Visitor may address the Chairman with reference to the result of such inspection and inquiry,

and the Chairman shall communicate to the Board the views of the Visitor with such advice as the Visitor

may offer upon the action to be taken thereon.

(5) The Board shall communicate through the Chairman to the Visitor such action, if any, as it is

proposed to take or has been taken upon the result of such inspection or inquiry.

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(6) Where the Board does not, within a reasonable time, take action to the satisfaction of the Visitor,

the Visitor may, after considering any explanation furnished or representation made by the Board, issue

such direction as he may think 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 not in conformity with the provisions of this Act or

the rules or regulations made thereunder:

Provided that no such order shall be made unless the Board has been given a reasonable opportunity

of making a representation in the matter.

  1. Director of Library.—(1) The Visitor shall appoint, in such manner as may be prescribed, a

person who is a scholar of distinction or is a distinguished librarian possessing high academic status, as

the Director of the Library.

(2) The term of office of the Director shall be for a period of five years from the date on which he

assumes office or up to the age of sixty years, whichever is later:

Provided that no person shall hold the office of Director after he attains the age of sixty-five years.

(3) The Director shall be entitled to such salary and allowances and shall be subject to such other

conditions of service as may be prescribed.

(4) The person appointed as the Director and holding office as such at the commencement of this Act

shall be deemed to have been appointed under this section and the provisions thereof shall apply to him

accordingly.

  1. Staff of Board.—(1) Subject to the provisions of this section, 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 deem fit and in making such appointments the Board shall act in conformity with the

orders of the Central Government for the time being in force regarding reservation for the Scheduled

Castes and the Scheduled Tribes in the services of the Union.

(2) The recruitment and conditions of service of such officers and other employees shall 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 other employee appointed on

deputation, shall be appointed on a written contract which shall be lodged with the Board and a copy of

which shall be furnished to the employee concerned.

(4) Any dispute arising out of a contract between the Board and any of its officers or other employees,

not being an officer or other employee appointed on deputation, shall, at the request of the employee

concerned or at the instance of the Board, be referred to a Tribunal of Arbitration consisting of one

member appointed by the Board, one member nominated by the employee, and an umpire appointed by

the Visitor.

(5) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.

(6) No suit or other proceeding shall lie in any court in respect of any matter which is required by

sub-section (4) to be referred to the Tribunal of Arbitration.

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

(8) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations

under this section.

  1. Transfer of service of existing employees to Board.—(1) On the establishment of the Board it

shall be lawful for the Central Government to transfer by order and with effect from such date or dates as

may be specified in the order to the Board any of the officers or other employees serving in the Library:

Provided that no order under this sub-section shall be made in relation to an officer or other employee

who has in respect of the proposal of the Central Government to transfer such officer or employee to the

Board intimated within such time as may be specified in this behalf by that Government, his intention of

not becoming an employee of the Board.

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(2) An officer 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 Central Government, and shall become an employee of the

Board with such designation as the 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 this Act as respects

remuneration and other conditions of service including pension, leave and provident fund and shall

continue to be an employee of the Board unless 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 to be governed—

(a) by the scale of pay applicable to the post held by him under the Government immediately

before the date of establishment of the Board or by the scale of pay applicable to the post under the

Board to which he is transferred,

(b) by the leave, provident fund, retirement or other terminal benefits admissible to employees of

the Central Government in accordance with the rules and orders of the Central Government as

amended from time to time or the leave, provident fund or other terminal benefits admissible to the

employees of the Board under the regulations made by the Board under this Act, and such option

once exercised shall be final:

Provided that the option exercised under clause (a) shall be applicable only in respect of the post

to which such person is transferred to the Board and on appointment to a higher post under the Board,

he shall be eligible only for the scale of pay applicable to such higher post:

Provided further that if immediately before the date of his transfer any such person is officiating

in a higher post under the Government either in a leave vacancy or in any other vacancy of a specified

duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy and

thereafter he shall be entitled to the scale of pay applicable to the post under the Government to which

he would have reverted or to the scale of pay applicable to the post under the Board to which he is

transferred, whichever he may opt.

(4) No officer or other employee transferred by an order made under sub-section (1)—

(a) shall be dismissed or removed by an authority subordinate to that competent to make a similar

or equivalent appointment under the Board as may be specified in the regulations made by the Board

under this Act;

(b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been

informed of the charges against him and given a reasonable opportunity of being heard in respect of

those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until

he has been given a reasonable opportunity of making a representation on the penalty proposed, but

only on the basis of the evidence adduced during such inquiry:

Provided that this clause shall not apply,—

(i) where any officer or other employee is dismissed or removed or reduced in rank on the

ground of conduct which has led to his conviction on a criminal charge; or

(ii) where the authority empowered to dismiss or remove any officer or other employee or to

reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it

is not reasonably practicable to hold such inquiry; or

(iii) to any officer or other employee who, after transfer to the Board, is appointed to a higher

post under the Board in response to an open advertisement and in competition with outsiders.

(5) If, in respect of any such officer or other employee as aforesaid, a question arises whether it is

reasonably practicable to hold such inquiry as is referred to in sub-section (4) the decision thereon of the

authority empowered to dismiss or remove him or to reduce him in rank shall be final.

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  1. Library to be known as “National Library of India” and location of Library.—(1) On and

after the commencement of this Act, the Library shall be known as “the National Library of India”, and

any reference to the National 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 National Library of India.

(2) The Library shall continue to be located at Calcutta.

CHAPTER III

PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD

  1. Property and liabilities of Board.—(1) On the establishment of the Board—

(i) all properties, funds and dues which are vested in, or realisable by, the Central Government

for the purposes of the Library shall vest in, and be realisable by, the Board; and

(ii) all liabilities in relation to the Library, which are enforceable against the Central Government,

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 acquired by the Board shall vest in the Board.

  1. Duties of Board.—(1) It shall be the general duty of the Board to manage the Library and to

implement programmes for the development of the Library on modern scientific lines, to advise the

Central and State Governments on matters relating to libraries and the working thereof, including the

preparation of bibliographies, descriptive catalogues and other matters and perform such other functions

as the Central Government may, from time to time, assign to the Board.

(2) In particular 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 to conserve the existing collection of

manuscripts, books and other articles in the Library, on modern scientific lines;

(b) to acquire and conserve all significant production of material printed in India, all printed

material concerning India irrespective of the place from where it is published, and manuscripts of

national importance;

(c) to render technical advice to the other public libraries within the meaning of clause (b) of

section 2 of the Delivery of Books and Newspapers (Public Libraries) Act, 1954 (27 of 1954);

(d) to undertake publication of bibliographies and assist institutions and scholars in the

publication of bibliographies;

(e) to provide facilities for, or to promote symposia and seminars on 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 of interest to the public;

(g) to undertake and promote exchange of books and periodicals with 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 any person or institution on such terms and conditions as may be agreed

upon between the Board and such person or institution; and

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

  1. Powers of Board.—(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.

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(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.

CHAPTER IV

FINANCE, ACCOUNTS, AUDIT AND REPORT

  1. Grants by Central Government to Board.—For the purpose of enabling the Board to perform

its functions efficiently under this Act, the Central Government may, after due appropriation 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.

  1. Fund of 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 charges 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 or from any other source.

(2) The Board may expend such sums as it thinks fit for performing its functions under this Act and

such sums shall be treated as expenditure payable out of the Fund.

(3) A sum of money not exceeding such amount as may be provided 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 (2 of 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.

  1. Budget.—(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,

showing the estimated receipts and expenditure, and the sums which would be required from the Central

Government during that financial 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 to the next financial year and taken into account in

determining the sum to be provided by the Central Government 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 Government.

(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.

  1. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records

and prepare an annual statement of account 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.

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(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 by

the Board annually to the Central Government and that Government shall cause the same to be laid before

each House of Parliament.

  1. Returns and report.—(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 and the Central Government shall cause the same to be laid before each House of

Parliament.

CHAPTER V

MISCELLANEOUS

  1. Delegation of powers and duties.—The Board may, by a 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, or any officer or other employee of the Board, specified in this behalf in

the order.

  1. Officers and employees of Board to be public servants.—All officers and other employees of

the Board (including the Director of the Library) 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).

  1. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall

lie against the Board or any member, or any officer 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 pursuance of

the provisions of this Act or of any rule or regulation made thereunder.

  1. Power of Central Government to make rules.—(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 rule 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 travelling and other allowances payable to a member (including a member of the

Executive Council appointed under section 11) and to a person associated with the Board under

section 12;

(b) the manner of appointment to the post of, and the salary and allowances, and other terms and

conditions of service of, the Director of the Library 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 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 rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only

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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. Power of Board to make regulations.—(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 perform 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 person 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, 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 facilities that may be afforded for photocopying

of manuscripts and books in the Library;

(m) the charges that may be levied by way of rent for the use of rooms in the readers’ hostel in the

Library;

(n) 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).