An act to declare the Khuda Bakhsh… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Notification
Year	1969
Jurisdiction	Central
Ministry	Ministry of Culture
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	transport

(1) THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969 ___________ ARRANGEMENT OF SECTIONS ___________

CHAPTER-I PRELIMINARY SECTIONS

1. Short title and commencement.

2. Declaration of Khuda Bakhsh Oriental Public Library as an institution of national importance.

3. Definitions.

CHAPTER-II THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY BOARD

4. Establishment and incorporation of Board.

5. Composition of Board.

6. Term of office and fresh nomination in certain cases.

7. Vacancies, etc. not to invalidate acts.

8. Duty of Government nominating persons, etc.

9. Meetings of Board

10. Temporary association of persons with Board for particular purposes.

11. Authentication of orders and other instruments of Board.

12. Staff of Board.

13. Transfer of service of existing employees to Board.

14. Location of library.

(2)

CHAPTER-III PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD

15. Property and Liabilities of Board :

16. Duties of Board

17. Powers of Board CHAPVER-IV FINANCE, ACCOUNTS, AUDIT AND REPORTS

18. Grants by Central Government to Board.

19. Fund of Board.

20. Budget.

21. Accounts and audit.

22. Returns and reports.

CHAPTER-V MISCELLENEOUS

23. Power of Central Government to issue directions to Board.

24. Delegation of powers and duties.

25. Officers and employees of Board to be public servant.

26. Protection of action taken under the Act.

27. Power of Central Government to make rules.

28. Power of Board to make regulations.

(3) THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY ACT, 1969 (No.43 of 1969) [26 th 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 concerned matters.

Be it enacted by Parliament in the Twentieth Year of the Republic of India as follows:-

CHAPTER-I PRELIMINARY Short title and commencement

(1) (1) This Act may be called the Khuda Bakhsh Oriental Public Library Act, 1969.

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

Declaration of the Khuda Bakhsh Oriental Public Library as an Institution of National Importance

(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.

Definitions

(3) In this Act, unless the context otherwise requires, -

(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 Deputy Registrar of Patna by the late Maulvi

(4) Khuda Bakhsh Khan Bahadur of Muradpur on the 14 th January, 1891;

(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;

(f) “Member” means a member of the Board and includes the Chairman;

(g) “Prescribed” means prescribed by rules made under this Act;

(h) “State Government” means the Government of Bihar.

CHAPTER-II The Khuda Bakhsh Oriental Public Library Board Establishment and Incorporation of Board

(4) (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 Khuda Bakhsh Oriental Public 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 that name, sue and be sued.

Composition of Board

5. (1) The Board shall consist of the following persons, namely:-

(a) The Governor of Bihar, ex-officio, Chairman:

(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 relating to the administration of libraries;

(5)

(e) The Director, Khuda Bakhsh Oriental Public Library, exofficio 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.

Term of office and fresh nomination in certain cases

6. (1) The terms of office of nominated members shall be such as may be prescribed.

(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 re-nomination.

(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 of the State Government, as the case may be, may nominate another person to act in his place during his absence.

Vacancies, etc., not to invalidate acts

7. 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 a person acting as a member thereof, or;

(6)

Duty of Government nominating persons, etc.

(8) (1) 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 Government 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 subsection.

(2) A nominated 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 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 deliberation or decision of the Board with respect to that contract.

Meetings of Board

(9) (1) The Board shall meet at such times and places 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 member present from among themselves, shall preside at a meeting of the Board.

(7)

(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 member presiding, shall have a record or casting vote.

Temporary association of persons with Board for particular purposes

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.

(2) A person associated with it by the Board under subsection (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.

Authentication of orders and instruments of Board

11. All orders and decision 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.

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.

(8) Transfer of service of existing employees 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 shall, 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 upon 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 conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government.

Location of Library

14. The library shall be located at Patna.

CHAPTER-III PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD Property and Liabilities of Board

15. (1) On the establishment of the Board –

(i) All properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the 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 enforceable against the said trustees, shall be enforceable only against the Board.

(9)

(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.

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 library on modern scientific lines (including the microfilming of rare manuscripts) and to 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) for providing for instruction and research in matters relating to libraries and for the advancement of learning and dissemination 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 the 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.

(10)

CHAPTER-IV FINANCE, ACCOUNTS, AUDIT AND REPORTS Grants by Central Government to Board 18/ For the purpose of enabling the Board to discharge 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.

Fund of Board

19. (1) The Board shall maintain a Fund to which shall be credited –

(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 26 th September, 1962;

(d) all money received by the Board by way of grant, gift, donations, 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 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, 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.

(11) 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, 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, the unspent sum may be carried forward to the next financial year and the sums which would be required from the Central Government during that financial 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 the 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 provide made for one purpose to that for another purpose.

21. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such from 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 right, privileges and authority in connection with such audit as the Comptroller and Auditor-General

(12) 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 document 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.

Returns and Report

22. (1) The Board shall furnish to the Central Government at such time and in such from 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.

CHAPTER V MISCELLANEOUS Power of Central Government to issue directions to Board

23. (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.

(13)

(2) The decision of the Central Government whether a question is one of policy or not shall be final.

Delegation of Powers and Duties

24. The Board may, be 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.

Officers and employees of Board to be public servants

25. 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.

Protection of action taken under the Act

26. No suit, prosecution or other legal proceeding shall lie against the Board or any member, officer or employee of the board for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder.

Power of Central Government to make rules

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 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 :-

(14)

(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 disqualification’s for membership of the Board and the procedure to be followed in removing a member who is or becomes subject to any disqualification;

(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 the expiry of the session in which it is so laid or the session immediately following, 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.

Power of Board to make regulations

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 manuscripts and books in the library may be used ;

(15)

(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 general management of the library;

(k) The fees and other charges to be levied for the use of manuscripts and books in the library;

(l) Any other matter in respect of which provision is, in the opinion of the Board, necessary for the performance of its function sunder 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).

*****

(16) THE KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY (AMENDMENT) BILL 1981 (AS PASSED BY THE HOUSES OF PARLIAMENT) BILL to amend the Khuda Bakhsh Oriental Public Library Act,1969 Be it enacted by Parliament in the Thirty-second year of the Republic of India as follows: - Short Title

1. The Act may be called the Khuda Bakhsh Oriental Public Library (Amendment) Act, 1981 (43 of 1969) (Short title) Amendment of Section 27

2. In section 27 of the Khuda Bakhsh Oriental Public Library Act, 1969 (hereinafter referred to as the principal Act), in sub-section

(3), for the words “or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following”, the words “or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid”, shall be substituted.

Amendment of section 28

3. In section 28 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely: - “(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”.

__________

(17) Published in Part II, Section (3) (I) of the Gazette of India Government of India Ministry of Education and Youth Service New Delhi The 17 July, 1970 NOTIFICATION G.S.R.NO. In exercise of the power conferred by section 27 of the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969), the Central Government hereby makes the following rules namely: -

1. Short title and commencement (I) :-

(1) These rules may be called the Khuda Bakhsh Oriental Public Library Rules, 1970.

(2) They shall come into force with effect from the 21 st day of July 1970.

2. Definition: - In these rules, “Act” means the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969)

3. Term of Office Members :- The term of Office of a nominated member shall be five years from the date on which the nomination of such member is notified by the Central Government in the Official Gazette.

4. Disqualification’s for membership:- A person shall not be eligible for nomination as a member if he is of unsound mind and stands so declared by a competent court or is an undischarged insolvent.

(18)

5. Cessation of Membership :- A nominated member shall cease to hold office as such :-

(a) if he becomes of unsound mind and stands so declared by a competent court;

(b) if he becomes an undischarged insolvent ;

(d) if he leaves the country with no intention of returning.

6. Travelling and daily allowances :-

(1) A member, other than the Chairman, performing journeys in connection with any work relating to the Library shall be entitled to such travelling and daily allowances as may be specified in these rules.

(2) Every member who is an officer of Government shall be entitled to such travelling and daily allowance as are admissible under the rules applicable to him for journey performed on official duty.

(3) Where any travelling or daily allowance is paid to a member under sub-rule (2), the Board shall make necessary arrangement for the reimbursement of the amount so paid to the authority employing such officer.

(4) A non-official member of the Board shall be entitled to travelling allowance from his usual place of residence to the place of meeting of the Board at the following rates, namely: -

(a) in respect of journeys by air, actual fare paid plus one-fifth of the standard air fare limited to a maximum of rupees ten for each journey, provided that if more than one air journey (including the return journey) are performed within twenty-four hours, the total entitlement to incidental allowance for all the journeys shall be restricted to rupees ten or one daily allowance at the highest rate admissible to Class I officers of the Central Government for ordinary localities under the supplementary Rules, whichever is more;

(19)

(b) in respect of journeys by rail, actual railways fare excluding airconditioned fare plus mileage allowance at the rate admissible to Class I officers of the Central Government. A journey by airconditioned accommodation may be undertaken in accordance with the instructions issued by the Central Government from time to time;

(c) in respect of journeys by road, mileage allowance at the rate admissible to Class I officers of the Central Government:

Provided that where a member is a resident of the place of the meeting he shall be entitled only to the actual cost of conveyance charges subject to a maximum of rupees ten per day.

(5) Daily allowances shall be admissible to a non-official member at the rate of rupees thirty per day for each day of the meeting of the Board and for the day preceding the date of the meeting and the day following the date of the meeting :

(6) The travelling and daily allowances specified under this rule shall also be admissible to persons associated with the Board under section 10 of the Act.

7. Contracts:

(1) All contracts entered into by or on behalf of the Board shall be authorised by a resolution of the Board.

(2) Every contract entered into by the Board shall be in writing and shall be executed on behalf of the Board by the Chairman or any member authorised by the Board in this behalf and shall contain the common seal of the Board.

8. Custody of the Common Seal:

The common seal of the Board shall be kept in safe custody with the Chairman or any other member or officer of the library, authorised by the Board in this behalf.

(20)

9. Budget returns and other particulars of the Board:

The Board shall submit to the Central Government copies of its budget, returns, statements and other reports in such manner and on such dates as specified below, namely: -

(a) three copies of the budget for the succeeding financial year together with a statement showing the sums which would be required from the Central Government during the year and the revised estimate for the current financial year on or before the 1 st day of August;

(b) quarterly statements for each quarter ending with March, June, September and December of each year showing the actual income and expenditure during the quarter, on or before the 10 th day for the month following the close of the quarter;

(c) fifty copies (both in Hindi and English) of the annual report, on or before the 1 st day of October of the year following the one to which it relates ;

(d) fifty copies of the accounts as certified by the Comptroller and Auditor-General of India or any other person appointed by him, on or before the 1 st day of the year following the one to which it relates;

(e) twenty-five copies of journals, publications, periodicals and catalogue, if any, published by the Board for distribution to libraries or for use of department of Government within two months from the date of the publication ;

(f) two copies of the agenda and the minutes of the meetings of the Board.

(A.S.TALWAR) Under Secretary to the Govt. of India *****

(21) Published in the Gazette of India, Part-III Section-4 (pp.2432-2334) Sub-Section (I) dated 11-9-82 The Khuda Bakhsh Oriental Public Library Board, Patna NOTIFICATION G.S.R………………….. In exercise of the powers conferred by sub-section (i) of section 28 of the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969), the Khuda Bakhsh Oriental Public Library Board, with the previous approval of the Central Government, hereby makes the following regulations, namely: -

1. Short title and commencement ;

(1) These regulations may be called the Khuda Bakhsh Oriental Public Library (maintenance) Regulations, 1981.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions In these regulations, unless the context otherwise requires: -

(a) “Act” means the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969) ;

(b) “Board” means the Khuda Bakhsh Oriental Public Library Board;

(d) “Form” means the Form appended to these regulations;

(e) “Rules” means the Khuda Bakhsh Oriental Public Library Rules, 1970.

3. Conditions for Membership and Loan of Books :

(1) The Board may, from time to time, given on loan to any person or institution, any books contained in the library;

(22)

(2) The lending section counter shall be open to the public for borrowing books for use at home from 10.30 a.m. 4.30 p.m. daily except on Fridays and public holidays;

(3) Books shall be lent free of any fee or subscription to any person not less than the age of eighteen years;

(4) Applications for membership shall be recommended by a member of the Board or by a Gazetted Officer and shall be accompanied by a security deposit of Rs.50/-. The Director may waive the requirement of security deposit in case of deserving scholars and students recommended by the Education authorities.

(5) Where the books to be given on loan are costly of a rare nature, they may be issued to the members only, after depositing the cost of the book with the librarian.

(6) The authorities of the Library shall be immediately informed when a membership card is lost. A fee of Rs.2/- shall be charged for issuing a duplicate membership card.

(7) The member shall be responsible for any misuse of the lost membership card.

(8) A week’s notice shall be given before the security deposit is withdrawn. Before refund of the security deposits the members shall return all the books to the library and pay all the dues, if any.

The receipt of the security deposit shall be only endorsed on its back and the borrower’s card shall also be surrendered.

(9) The following categories of books, publications and other materials shall not be permitted to be taken outside the library, namely :-

(a) unprocessed books;

(b) brittle and damaged books;

(d) paintings;

(e) specimen of calligraphy;

(23)

(f) catalogues, dictionaries, encyclopaedia, etc;

(g) journals;

(h) out-of-print and rare books;

(10) No member shall be allowed to borrow more than three titles or three separate volumes of the same book from the library at a time.

(11) The member may keep books borrowed from the library for a maximum period of thirty days. The period of loan may be extended on written request. The books may be recalled earlier, if necessary;

(12) A late fee of ten paise per day for each volume lent shall be charged if books are not returned within the specified period:

(13) The Director may, for reasons to be recorded in writing, write of or reduce the late fee, provided he is satisfied with the explanation given by the member concerned.

(14) If any books borrowed from the library is lost or damaged, the member shall be held responsible for such loss or damage, and if the book belongs to a set, he shall be liable to make good the set to the satisfaction of the Board or pay the value of the complete set.

(15) The book shall be returned immediately on receipt of an intimation from the library to that effect.

(16) A member against whom any overdue or other charges are outstanding shall not be allowed to borrow books or withdraw his deposit until he has paid the amount due. In case he fails to do so after due notice, the Board may deduct the dues from the security deposit of the member. The Board may also debar him from further use of the library.

(17) Members may be debarred from borrowing books from the library in case of persistent infrignment of any of the regulations of the library.

(24)

4. Custody and administration of collection of the library :

(1) The Board shall not accept any book as gift unless it is satisfied that such books are worthy to be preserved.

(2) After a book is accepted as gift, the book shall be taken into account and shall be recorded in the Stock Register of the Library.

(3) All books of the library shall be made available to the bonafide scholars for study, in the reading-room of the library during its working hours subject to the following restrictions, namely: -

(a) The library shall remain open on all working days except on Fridays and other public holidays. The Board shall decide and notify whatever and whenever timings of the delivery are changed.

(b) All books, except rare manuscripts and rare books, which are given on loan shall be available in the premises of the library for reading and reference purposes only.

(c) Any person desirous of making use of the reading facilities, shall make an application addressed to the Director in the Form prescribed by the Board in this behalf duly endorsed by a Member of Parliament or Member of the State Legislatures, Member of the Board, Advocate, solicitor, Head of the Department or Reader in any University, Principal of a College, Gazetted Officer of Central or State Government, Registered Medical Practitioner.

(d) A person having been allowed to make use of the library and reading facilities shall be issued an identify card which shall contain a passport size photograph of the person duly endorsed by the Director.

(e) The identity card shall be valid for a period of three years.

(f) Persons wishing to make use of the reading facilities casually shall be admitted on the grant of a temporary pass, holding good for the day of issue.

(g) The reader who is duly admitted into the library shall be responsible for any damage done by him to the books and shall be liable to pay the full price of the books.

(25)

(h) The Director may debar any person from the use of the library in case of persistent infringment of any of the regulations of the library.

(i) Identity card shall be non-transferable. In case an identity card is lost a duplicate of the same may be issued to its holder on his applying to the Director in the Form prescribed and on payment of a fee of Rs.2/- along with a passport size photograph. A fresh application complete in all respects as provided for in the Form prescribed by the Board in this regard shall be necessary for the renewal of the identity card.

(j) The identity card shall be shown at the entrance and again, if required at any time, to any member of the staff on demand.

(k) Rare manuscripts shall be shown to scholars and other eminent persons on permission of the Director and the same shall be consulted in the presence of an Assistant Director or the Librarian.

Visitors or scholars shall not be allowed to photograph the rare manuscripts without the special permission of the Board.

(l) Any book which owing to its bulk or its brittle condition or for any other reason, cannot be safely given for consultation in the library, shall be supplied only at the discretion of the Director or the officer-in-charge of the reading room.

(m) Umbrellas, sticks, containers and other objectionable things shall not be taken into the library and shall be deposited at the counter of the reading-room.

(n) The readers shall not take into the reading room their own books without special permission of the Director or the Officer-incharge of the reading-room.

(o) Persons found mutilating the pages of books or otherwise damaging them besides making good the loss in accordance with these regulations, shall be debarred from the use of the library in future.

(p) Readers found violating any of these regulations or misbehaving in any way, or disturbing other readers by conversation or otherwise, shall not be allowed to remain in the library and their identity card or pass shall be liable to forefeiture.

(q) Any change of address during the validity of the identity card shall be notified to the Director immediately.

(26)

5. Structural alterations to be made with the approval of the Board No structural alterations of any kind shall be made to the existing building of the library without the approval of the Board.

Such alterations may be carried out by the Central or State Public Works Department or any other authority approved by the Board.

6. Preparation of Catalogue The Director shall take such steps as may be deemed necessary for preparing scientific catalogues, inventories of books, manuscripts, other articles and things in the library and also for the proper preservation subject to the general approval of the Board.

7. Stock-Taking of Books The stock-taking and physical verification of books shall be conducted once in three years by the Director or any other officer authorised by the Board in this behalf.

8. Inspection

(1) Every member of the Board shall have the right of inspecting any part of the building of the library at any time.

(2) A daily record of the number of visitors shall be kept.

(3) No person shall smoke, spit or behave in an objectionable manner.

*****

(27) FORM KHUDA BAKHSH ORIENTAL PUBLIC LIBRARY, PATNA LIBRARY MEMBERSHIP FORM Membership No. _______ I, ……………………………., apply for enrolment as a member of the Lending Section of the Khuda Bakhsh Oriental Public Library for borrowing books. I have read the Rules and promise to abide by the Rules and Regulations including bye-laws in force for the time being and to return books immediately on receipt of such a demand from the Library and to pay the late fee and other dues if any within the prescribed period.

I also promise that any book which I shall borrow from the Library will be borrowed for my personal study, will remain in my own custody and will not be made over to any one else.

I furnish below the required particulars about myself.

Signature of the applicant ………………… Dated, the …………….

Full Name (in block letters) …………………………………………..

Designation …………………………………………………………..

Permanent Address …………………………………………………...

Local or Present Address …………………………………………….

Profession …………………………..……. Age …………………… Specimen Signature …………………………………………………..

(28) (*To be filled in and signed by the guarantor) I personally know Shri …………………………….., attest his specimen signature overleaf and recommend that he may, be allowed to join as a member of the Lending Section at the Khuda Bakhsh Oriental Public Library, Patna. I shall be responsible for return or replacement (in case of loss or damage) of the books borrowed by him and for payment of any dues payable by him to the Library within the period prescribed by the Library.

Signature ……………………… Dated ………………………….. Name of the Guarantor …………………… Designation …………………… Address…………………………………………………………..

Director’s Order ……………………………………………………..

Dated ………………… Signature …………………………….

FOR USE BY OFFICE Received a sum of Rupees fifty only (Rs.50/-) from Shri ………………… vide receipt No. …………. Dated …………… and recorded in the Cash-Book on……………………… Signature of the Cashier …………….

Refunded a sum of Rs…….…………………………… (Rupees ……………………………………. Only on ……………………….. against required receipt, dated ……………..

Signature of the Cashier …………….

* The guarantor must be either a member of the Khuda Bakhsh Oriental Public Library Board or a Gazetted Officer of Central or State Government.

(29) Published in the GAZETTE OF INDIA, (Part III-Sec.4) May 4, 1985 Khuda Bakhsh Oriental Public Library, Patna Patna, the 11 th April 1985 No.II/KBL-3 --- In exercise of the powers conferred by subsection (1) of section 28 of the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969), the Khuda Bakhsh Oriental Public Library Board, with previous approval of the Central Government, hereby makes the following regulations to amend the Khuda Bakhsh Oriental Public Library (Maintenance) Regulations, 1981, namely: -

1. Short title and commencement :-

(1) These regulations may be called the Khuda Bakhsh Oriental Public Library (Maintenance) Amendment Regulations

1985.

(2) They shall come into force on the date of their publications in the Official Gazette.

2. In the Khuda Bakhsh Oriental Public Library (Maintenance) Regulations, 1981, -

(a) in regulation 2, after clause (d), the following clause shall be inserted, namely :- “Rare Books” means books valued for their scarcity or exceptional character,

(b) in regulation 3, -

(i) for sub-regulation (5), the following sub-regulation shall be substituted, namely :- “(5) Rare books and books costing Rs.500/- or more shall not be issued to members except for reading or for the purpose of reference in library reading room”.

(30)

(ii) for sub-regulation (7), the following sub-regulation shall be substituted, namely :- “(7) Loss of membership card by the member shall be immediately reported by him to the office of the Library, failing which, he shall be responsible for the misuse of the lost card”.

(iii) for sub-regulation (11), the following sub-regulation shall be substituted, namely :- “(11) The member may keep books borrowed from the Library for a maximum period of thirty days. The period of loan may be extended on written request for a further period not exceeding thirty days. The books may be recalled, if necessary”.

(iv) after sub-regulation 11, the following sub-regulation shall be inserted, namely :- “(11A) If the books are not returned within the specified time, the membership card shall be punched. The punching shall serve as a warning and after punching three times, the card shall be cancelled”.

Secretary Khuda Bakhsh Oriental Public Library Board, Patna

(31) Published in Gazette of India, Part III, Section 4, Page 2649-50 Dated September 22,1984 Placed in Lok Sabha on 30.1.85, Rajya Sabha on 31.1.85 Office of the Khuda Bakhsh Oriental Public Library Board, Patna No.II-KBL/Reg.(Bd.Meeting)/84 Dated 19 th August,1984 In exercise of the powers conferred by sub-section(a) of section 28 of the Khuda Bakhsh oriental Public Library Act, 1969 (43 of 1969), the Khuda Bakhsh Oriental Public Library Board, with the previous approval of the Central government, hereby makes the following regulations, namely :-

1. Short title and commencement :

(1) These Regulations may be called the Khuda Bakhsh Oriental Public Library (Board Meetings) Regulations, 1984.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. The Board may meet as many times as may be necessary but shall meet at least once in six months.

3. The Chairman shall fix the date, time and place of meeting of the Board and approve the agenda of the said meeting, a notice of which shall be given by the Member-Secretary to all the members of the Board. In the absence of the Chairman, the meeting shall be presided over by a member elected by the members present at the meeting.

4. Fifteen ‘days’ notice for every ordinary meeting of the Board shall be given to all the members.

5. List of business to be conducted at the meeting shall be dispatched along with the notice or soon thereafter.

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6. Presence of four members of the Board shall be necessary to form the quorum for the transaction of the business of a meeting of the Board.

7. If at any meeting of the Board, the number of the members present is less than the required quorum, the Chairman shall adjourn the meeting and the adjourned meeting may be held on a subsequent date at such time and place as fixed by the Chairman with a reasonable notice to all the members and it shall be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present.

8. In a case of extreme urgency notwithstanding anything provided in regulation 4, the Chairman may, on his own initiative, or at the request in writing of not less than four members, may call a meeting of the Board after giving such notice as he deems reasonable.

9. The minutes of the meeting of the Board shall be maintained by the member-Secretary, shall be circulated to all the members, shall be read at the next meeting and, after approval by the members present, shall be confirmed by the Chairman.

10. Decision on matters of minor importance may be obtained by circulation of papers to the members.

11. If any member considers that any matter on the agenda is, in his opinion, of sufficient importance to be referred to the whole body of the Board, he shall inform the Secretary, who shall refer the matter to each member. The matter shall then be postponed to some future meeting at which the opinions of the members, submitted in writing, shall be read, discussed and a decision may be taken.

12. The Member-Secretary shall maintain proper records and minutes of all the proceedings of the meeting of the Board and take action to give effect to the resolutions passed by the Board.

13. A copy of the minutes of every meeting of the Board shall be sent to the Central Government.

(33) Published in Gazette of India, Part III, Section 4, Page 2648-49 September 22, 1984 Placed in Lok Sabha on 30.1.85, Rajya Sabha on 31.1.85 Office of the Khuda Bakhsh Oriental Public Library, Patna No.II-KBL/Reg.(Admin)/84 Dated, 19 th August,1984 In exercise of the powers conferred by sub-section9a) of section 28 of the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969), the Khuda Bakhsh Oriental Public Library Board, with the previous approval of the Central government, hereby makes the following regulations, namely: -

1. Short title and commencement :

These Regulations may be called the Khuda Bakhsh Oriental Public Library (Administration) Regulations, 1984).

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Powers and functions of Director The Director shall perform his duties under the supervision and control of the Board and shall have the following powers and functions, namely :-

(i) Subject to any direction that may be given by the Board, the Director shall be the principal executive and controlling officer of the Library and shall be responsible for the proper administration of the library.

(ii) The Director shall prescribe duties of all the officers and staff of the Library and shall exercise such supervision and disciplinary control as may be necessary for smooth working of the

(34) library and shall sanction all kinds of leave as may be admissible under the regulations.

(iii) The Director shall pass orders regarding confirmation, crossing of efficiency bar, reward, punishment, etc. in respect of clerical and other sub-ordinate staff.

(iv) The Director shall coordinate and exercise general supervison over all research and other activities of the Library and shall provide all possible facilities to the visitors and research scholars for their study in the reading room of the Library.

(v) The Director shall get –

(a) the bills prepared for various items of expenditure

(b) compile the monthly and annual accounts, and

2. Accounts and Audit Primary accounts of the Board shall be maintained in registers in the prescribed forms as listed below:

(a) Cash;

(b) Subscription;

(d) Maintenance of grant of the State Government;

(e) Contribution from other sources;

(f) Other receipts namely sale of catalogues, publications, etc.;

(g) Pay of officers and establishment;

(h) Travelling and other allowances;

(i) Other charges, such as contingencies, leave salaries, etc.;

(j) Contributory provident fund accounts of the employees;

(k) Securities and other Capital investment;

(l) Stock of cheque books;

(m) Stock of receipt books

(n) Stock of furniture and office equipments;

(o) Stock of stationer;

(p) Stock of publication;

(q) Library’s land and building register;

(r) Library accession register;

(35)

(s) Miscellaneous stock;

(t) Other forms prescribed from time to time by the Board.

4. The accounts and transactions for each month shall be compiled in a monthly abstract of receipt and payments under the prescribed heads of account. The monthly abstract shall show the figures for the current month as well as progressive totals to the end of the month.

5. As soon as practicable after the accounts for a given year are closed, but not later than the end of June, the Director shall get compiled annual accounts for the preceding year of the Board’s fund showing: -

(a) Receipt and Payment accounts ;

(b) Income and Expenditure accounts; and

6. The Director or any other officer of the library as authorised by the Board, shall draw and disburse all expenditure and shall keep accounts of all receipts and payment. He shall see that proper vouchers are produced for all the disbursements and that they are cancelled so that they cannot be used again. Vouchers shall be kept for three years and then destroyed but not before the audit objection to these years are disposed of.

7. All moneys received on behalf of the Board shall be credited with the State bank of India, Patna. However, an imprest money not exceeding Rs.1,000/- may be kept by the office of the Director for meeting contingent expenses.

8. The Annual Accounts of the Board as certified by Comptroller and Auditor General of India or any other person appointed by him in his behalf together with the Audited Reports thereon shall be considered and adopted by the Board before presentation to Parliament.

__________

(36) Published in the Gazette of India, Part III, Section 4, Page 3021-22 (Eng.), December 22, 1984 Placed in Rajya Sabha on 31.1.85, Lok Sabha on 20.3.85 Office of the Khuda Bakhsh Oriental Public Library Board, Patna No.II-KBL/Reg(DFP)/84 Dated

5.12.84 In exercise of the powers conferred by sub-section (2) of section 28 of the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969), the Khuda Bakhsh Oriental Public Library Board, with the previous approval of the Central Government, hereby makes the following regulations, namely :-

1. Short title and commencement :

(i) These regulations may be called the Khuda Bakhsh Oriental Public Library Board (Delegation of Financial Powers) Regulatiosn 1984.

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions In these regulations, unless the context otherwise requires :

(a) “appropriation” means the assignment to meet specified expenditure of funds included in a primary unit of appropriation ;

(b) “director” means the Director, Khuda Bakhsh Oriental Public Library, Patna;

(37)

(d) “re-appropriation” means the transfer of funds from one primary unit of appropriation to another such unit ;

(e) “recurring expenditure” means the expenditure which is incurred at periodical intervals : and

(f) “subordinate authority” means an authority which is subordinate to the Board.

3. General limitations on powers to sanction expenditure :

(i) It is a primary condition of the exercise of all financial powers that the Board’s revenues may be spent only on legitimate objects of the Board.

(ii) A subordinate authority may sanction expenditure or advances out of Board’s funds in those cases only in which it is authorised to do by any rules issued by or with the approval of the Board or by any general or special order of the Board or other competent authority.

(iii) Nothing contained in sub-rule (ii) shall empower any subordinate authority to sanction, without the previous consent of the Board, any expenditure which involves the introduction of a new principle or practice likely to load to increased expenditure in future.

(iv) The exercise of a subordinate authority of the power to sanction expenditure is subject to the observance of any general or special direction which the authority delegating or re-delegating such power may issue from time to time.

4. Residuary Financial Powers :

The Financial Powers of the Board which have not been delegated to a subordinate authority shall vest in the Board.

(38)

5. Effect of Sanction :

(i) No expenditure shall be incurred against a sanction unless funds are made available to meet the expenditure by valid appropriation or reappropriation.

(ii) A sanction to recurring expenditure becomes operative when funds to meet the expenditure of the first year are made available by valid appropriation or re-appropriation and remains effective for each subsequent year – subject to appropriation in such years and subject also to such condition of sanction as may be imposed.

6. Appropriation and re-appropriation-general restrictions :

(i) Funds shall not be appropriated or re-appropriated to meet expenditure on an item which has not been sanctioned by an authority competent to sanction it.

(ii) Funds shall not be appropriated or re-appropriated to meet expenditure on a new service not approved by the Board.

7. Creation of Posts :

No post shall be created, unless: -

(a) there exists under the Board a post of similar character on a scale of pay which has been approved by the Board ;

(b) funds to meet the cost of the post ; if temporary, can be found by valid appropriation or re-appropriation from within the provision placed at the disposal of the authority concerned.

8. Abolition of Posts :

A subordinate authority may abolish a post which it is competent to create.

9. Powers of the Director It shall be competent for the Director -

(39)

(a) to create posts in Class III and Class IV services for any specified period not extending the end of the financial year.

(b) to sanction re-appropriation of any amount upto Rs.5,000/- in each case ;

(c) to order expenditure and disbursement from the funds of the Library upto an amount of Rs.5000/- in each case, subject to budget provision ;

(d) to write off irrecoverable loss of articles upto a value of Rs.5,000/- in each case :

Provided that (I) the loss is not due to theft and (ii) it does not disclose a defect of system or serious negligence on the part of some individual officer(s) of the Board which might possibly call for disciplinary action requiring the orders of a higher authority.

10. Deposit of funds of the Library :

All the grants received towards maintenance of the Library under Plan and Non-Plan schemes shall be kept in the current account of the library, subject to a maximum limit of Rs.10.00 lakhs at any time. All grants available with the Library at any time beyond Rs.10.00 lakhs shall be kept in short term deposit or saving bank account in a Nationalised Bank, whichever is beneficial to the library. The interest earned on such investment shall be separately exhibited under receipt in the accounts of the library.

11. Power of Relax :

It shall be competent for the Board to relax any provisions of fresh Regulations, for reasons to be recorded in writing, in appropriate cases.

*****

(40) Published in the Gazette of India, Part III, Section 4, (page 1048-1063) Dated June 7, 1986 Placed before Lok Sabha on 4.12.86, Rajya Sabha on 3.12.86 Office of the Khuda Bakhsh Oriental Public Library Board Patna, the 17 th May, 1986 No.II/KBL-4/1187 :- In exercise of the powers conferred by section 12 read with clause © of sub-section (2) of section 28 of the Khuda Bakhsh Oriental Public Library Board, with the previous approval of the Central Government, hereby makes the following regulations, namely :-

1. Short title and commencement :

(1) These regulations may be called the Khuda Bakhsh Oriental Public Library Service Regulations, 1986.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Application:

(a) These regulations shall apply, subject to the provisions of clause (b), to all employees under the Khuda Bakhsh Oriental Public Library Board and to any other class of employees to which the Board may be general or special order declare them to be applicable.

(b) Unless otherwise specifically provided by or under these regulations, they shall not apply to persons -

(i) not in the whole-time employment of the Board ;

(ii) employed on daily wages

(41)

(iii) whose service have been borrowed from Government departments or from other institutions, unless the concerned person, with the approval of the lending authority, opts to be governed by these regulations ;

(iv) who are governed by special contracts which contain specified terms and conditions of service.

3. Definitions :

In these regulations, unless the context otherwise requires, -

(a) “Act” means the Khuda Bakhsh Oriental Public Library Act, 1969 (43 of 1969)

(b) “Director” means the Director of the Khuda Bakhsh Oriental Public Library ;

(d) “Schedule” means the schedule appended to these regulations ;

4. Creation of Posts :

Subject to such conditions as may be specified by the Central Government in this behalf, the Board may create such posts as may be necessary for the management of the library and may fix or alter grades, scales of pay and allowances for such posts :

Provided that such scales of pay and allowances shall in no case be better than those obtaining for comparable posts in or under the Central Government.

5. Appointing Authority :

Appointment to a post under the Board shall be made :-

(i) in the case of posts falling under Group A and B, by the Board ; and,

(ii) in the case of other posts, by the Director

(42)

6. Recruitment :

(i) The method of recruitment to the posts, classification, scales of pay, age-limit qualifications and other matters connected therewith shall be as specified in the schedule-I.

(ii) Recruitment to all the posts in the library shall be made

(a) by direct recruitment, by advertisement in the newspapers or through the Employment Exchanges or by both : or

(b) by promotion ; or (c) by transfer or loan or otherwise from State or Central Government or quasi-Government organisation or other statutory bodies.

(iii) The following procedure shall be adopted when a vacancy in a Group A Senior, Group B, Group C and Group D posts is to be filled up by direct recruitment, namely :-

(a) in the case of Group A Senior and Group A Junior or Group B posts, the vacancy shall be advertised in newspapers.

(b) in the case of Group C or Group D posts, the vacancy shall be notified to the Employment Exchange and advertisement in newspapers shall be made only after the Employment Exchange has issued a non-availability certificate.

(iv) The posts in the library shall be classified into the following categories, namely :-

(a) Group A Senior – Post carrying a pay or scale of pay with a maximum of not less than Rs.4,000/-

(b) Group A Junior – Posts carrying a pay or scal eof pay with a maximum of not less than Rs.1,6000/-

(d) Group C – Post carrying a pay or scale of pay with a maximum of less than Rs.2,900/- but not less than Rs.1,150/-

(43)

(e) Group D – Post carrying a pay or a scale of pay with a maximum of Rs.1,150/- or less

(v) All appointments including promotions shall be made on the recommendations of Selection Committees, the composition of which shall be as follows: -

(1) For Group A Senior and Group A Junior

(a) Chairman of the Board or in his absence his nominee ;

(b) A nominee of the Government of India ;

(d) A member nominated by the Board from amongst themselves ;

(e) An expert on the subject nominated by the Board ;

(f) Director or in his absence the Deputy Director of the Library.

The Chairman will have a casting vote in case the members of the Selection Committee are equally divided on any issue.

(2) For Group B post and Group C post other than Ministerial posts.

(a) One person to be nominated by the Board to be the Chairman ;

(b) A nominee of the Government of India ;

(d) Director or in his absence the Deputy Director of the Library.

The Chairman will have a casting vote in case the Members of the Selection Committee are equally divided on an issue.

(3) For Group C ministerial posts ;

(a) Director, as its Chairman ;

(b) An officer nominated by the Chief Secretary of the Government

(44)

(4) For Group D posts Departmental Committee set-up by the Board

(5) Short term temporary appointments shall be made on the recommendations of Selection Committee, the composition of which shall be as follows, namely :-

(i) For Group A : as in case of permanent employees;

(ii) For Group B and C :

(a) Commissioner, Patna Division, Patna of his nominee;

(b) A nominee of the Government of Bihar; and

(iii) All Group D appointments shall be made by the Director.

6. Recruitment by other methods when promotion is not possible:

In regard to posts reserved for a departmental promotion, recourse shall be had to direct recruitment or appointment by transfer of an employee from another organisation only if the Board certifies that none of the candidates eligible for promotion is suitable or no candidate is eligible for promotion.

8. Fitness at initial appointments :

No person may be appointed to any post by direct recruitment unless:-

(i) he is declared medically fit in the form specified at Schedule II, in the case of Group A and Group B employees, by a Medical Officer of the rank of Civil Surgeon/Medical Superintendent of State or Central Government, and in the case of Group C and Group D employees by a Medical Officer as the Board may specify in this behalf.

Note : The following classes of employees are exempt from the production of a medical certificate of health on appointment :-

(45)

(a) persons appointed to a temporary vacancy of less than three months duration ;

(b) a retired employee re-employed immediately after retirement.

(d) persons in respect of whom the Board may for reasons to be recorded in writing, grant any exemption from the operation of this rule ;

(ii) his character and antecedents have been verified in detail in accordance with the rules issued by the Government of India from time to time in respect of appointments to similar classes of posts under their control.

9. Special representation for Scheduled Castes, Ex- Servicement etc.

Vacancies shall be reserved for the members of the Scheduled Castes, Scheduled Tribes and Ex-Servicemen for appointment to the posts under the Board, according to the orders issued by the Government of India from time to time in this regard.

10. Disqualification :

No person who has entered into or contracted a marriage with a person having a spouse living or who, having a spouse living has entered into or contracted marriage with any person shall be eligible for appointment to any post governed by these regulations.

Provided that the Board may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this regulation.

(46)

11. Tenure :

All appointments shall take effect from the date on which the appointee reports himself for duty with the Board.

12. Probation :

Every person appointed to a post under the Board whether by promotion or by direct recruitment, shall be on probation in such post for a period of two years :

Provided that the appointing authority may, in any individual case, for reasons to be recorded in writing, extend or curtail the period of probation not exceeding one year.

13. Termination of Probation :

Where a person appointed to a post under the Board on probation is, during the probation period, found unsuitable for holding that post or has not completed his probation period satisfactorily, the appointing authority may -

(i) in the case of a person appointed by promotion, revert him to the post held by him immediately before such promotion ;

(ii) in the case of a person appointed by direct recruitment, terminate his services under the Board.

14. Temporary and Permanent Service :

(a) An employee recruited otherwise than under paragraph (5) of sub-regulation (v) of regulation 6 shall be deemed to be a temporary employee on his first appointment to a post under the Board and shall remain a temporary employee until he is appointed substantively to a permanent post under the Board.

(b) An employee appointed substantively to any permanent post under the Board shall be a permanent employee of the Board.

(47)

15. Substantive Appointments :

(a) all substantive appointments shall be made on the basis of seniority ;

(b) No employee shall be appointed substantively to any post unless-

(i) such post is permanent and nobody else has been substantively appointed to it ;

(ii) he has satisfactorily completed the period or extended period of probation ;

(i) a permanent vacancy existed on that date or from an earlier date ;

(ii) the employee concerned was on the relevant date, actually holding otherwise than as a purely temporary meausre or would have held that post but for his appointment to a higher or equivalent post;

(iii) in the case of a “Selection post”, the employee concerned has already been selected on the relevant date when he previously officiated in that post otherwise than as a purely temporary arrangement ;

(iv) other requirements regulating appointments and confirmations are satisfied ;

(d) Erroneous substantive appointment ;

(i) Orders for substantive appointment contrary to the relevant rules of administrative instruction shall be cancelled straightway by the authority competent to fill the posts ;

Provided that a show cause notice shall be given to the effected employee before revoking the orders of substantive appointment.

(48)

16. Honorarium, special ay, personal pay to employees :

The Board may sanction to any employee in any special circumstances such special pay, personal pay, honorarium or any other fee or such condition as it may deem fit.

Provided that if any funds are required for the purpose from the Central government, prior approval of the Central Government, shall be necessary for the sanction of such pay, honorarium or fee.

17. Termination of Service :

(a) (i) The services of a temporary employee may be terminated by the appointing authority without assigning any reasons, at any time by one month notice given by the appointing authority to the employee or at any time without notice on payment of pay and allowances for one month or for such period that falls short of one month’s notice.

(ii) A temporary employee may be notice of one month in writing resign from the service of the Board. The appointing authority may, if it deems proper in any special circumstances, permit a temporary employee to resign from the service of the Board by notice of less than one month.

(b) Without prejudice to the provisions of clause (a) the service of a temporary employee shall automatically terminate :-

(i) if his appointment is made for a specified period on the expiry of such period ; or

(ii) if his appointment is made against a temporary post, on the abolition of the post or on the expiry of the period for which the post is created.

(c) The service of a permanent employee may be terminated by a notice of three months or on payment of pay and allowances for such period as the notice falls short of three months or without notice

(49) on payment of three-months pay and allowances, if the post to which is substantively appointed is abolished,.

(d) An employee who is given notice of termination of service under clauses (a) or (c) above may be granted during the period of notice such earned leave as may be admissible to him; and where the leave so admissible to him, and granted, extends beyond the notice period, his services shall stand terminated on the expiry of such leave.

18. Resignation:

A permanent employee may, in writing resign from the service of the Board after giving three month’s notice or after depositing an amount equal to pay and allowances for such period as the notice falls short of three months or without notice on depositing three month’s pay and allowances with the Library. He shall be relieved of his duties when his resignation is accepted by appointing authority.

19. Medical facilities and Medical attendance:

An employee shall be entitled to such medical facilities and medical attendance as provided for in the Medical Attendance Rules of the Government of India.

20. Contributory Provident Fund-cum-Gratuity and General Provident Fund-cum-Pension-cum-Gratuity:

(1) The Board shall maintain a Provident Fund known as the Khuda Bakhsh Oriental Public Library Provident Fund.

(2) all employees of the Board to whom these regulations apply, except those who opt to be governed by the existing Contributory Provident Fund-cum-Gratuity scheme under the provisions of regulation 22(4) (a), shall subscribe to the Fund after they complete one year’s continuous service.

(3) The subscription, rates of interest, advances, withdrawals, nominations and all other incidental matters connected with and

(50) relating to the Fund shall be governed by the rules contained in the General Provident Fund (Central Services) Rules, 1960, as modified and amended from time to time ; and orders issued by the Government of India thereunder, subject to such modifications as may be necessary and expedient due to the fact that the Fund is being maintained by the Board, and not by the Central Government.

(4) Without prejudice to the generality of the foregoing provisions, the terms ‘head of office’ or ‘head of Department’s wherever they occur in the General Provident Fund (Central Services) Rules, 1960 shall mean the Director and the term ‘Department of the Government’ wherever it occurs in the said rules shall mean the Board, in their application to the Khuda Bakhsh Oriental Public Library. The ‘Accounts Officer’ for the purposes of the Fund would be such officer of the Board as may be appointed by the Board to maintain the accounts of the Fund.

(5) (a) Notwithstanding anything contained in the General Provident Fund (Central Services) Rules, 1960 all subscriptions and moneys belonging to the Fund shall be kept in the State Bank of India or any other scheduled Bank approved by the Board in a separate account/fixed deposit in the name of the Fund.

(b) The bank account shall be operated jointly by the Director and the Accounts Officer of the Fund.

(c) Any money not required for immediate use of the Fund may, with prior approval of the Board, be lodged in a fixed deposit account, call deposit account, or short term deposit in the State Bank of India or any scheduled bank as may be specified by the Board or may be otherwise invested in the name of the Fund, according to specific instructions of the Board, in any investment that is for the time being approved by the Central Government or any law in force in India for investment of trust funds.

21. (1) The employees of the Board to whom these Regulations apply shall be governed by the rules contained in the Central Civil Services (Pension) Rules, 1972 and Central Civil Services (Commutation of Pension) Rules, 1981 as modified and amended from time to time, in regard to pension (including Family Pension,

(51) Extra ordinary Pension, Commutation Pension) and gratuity payable to them.

(2) Without prejudice to the generality of the foregoing provision, the terms ‘head of office’ or ‘Head of Department’, wherever they occur in the Central Civil Services (Pension) Rules, 1972 shall mean the Director, the term ‘Department of the Government’ shall mean the Board and the term ‘Accounts Officer’ shall mean the Account Officer appointed to maintain accounts of the Khuda Bakhsh Oriental Public Library under sub-regulation(2) of regulation 20 above, in their application to the employees of the Board.

Explanation 1 : The amount of dearness allowance that will count as emoluments for pension would be such, if any, as may be ordered by the Board from time to time. Orders of the Central Government in this respect applicable to its employees shall not be automatically applicable to employees of the Board -

Explanation 2 : The relief and ad hoc relief sanctioned by the Government of India to its pensioners from time to time shall be admissible to pension granted under this rule, only to such extent and from such date, if any as may be ordered by the Board from time to time.

22. (1) Subject to the Provisions of Sub-regulation (4), all employees of the Board who are covered under these regulations shall from the date of the commencement of these regulations be governed by these regulations in so far as their Provident Fund, Pension, Gratuity and other retirement benefits are concerned.

(2) All employees covered by sub-regulation (1) above shall cease to be governed by and be members of the Contributory Provident Fund-cum-Gratuity scheme; General Provident Fun-cum- Pension-cum-Gratuity scheme, Triple Benefit Scheme, or any other rules, regulations, scheme to which they may be subject to or entitled to as on the date of commencement of these regulations in respect of Provident Fund, Pension, Gratuity, and any other retirement benefits or any matter to which these regulations apply.

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(3) Amount outstanding to the credit of an existing employee to whom regulations 20 and 21 above apply, in his Contributory Provident Fund or General Provident Fund as on the date of commencement of these regulations in respect of his own contributions plus interest thereon shall be transferred to his credit in the Khuda Bakhsh Oriental Public Library General provident Fund constituted under regulations 20. All other moneys and benefits to which he was entitled under the rules in force prior to the commencement of these Regulations shall lapse including, inter-alia, employer’s contributions to Provident Fund and interest thereon and shall be resumed by the Board.

4.(a) An existing employee who is holding sustantively a permanent post under the Board as on the date of commencement of these regulations may opt to continue to be governed by the existing Provident fund-cum-Gratuity Scheme or General Provident Fundcum-Pension-cum-Gratuity scheme or any other rules governing Provident Fund and retirement benefits to which he was subject on the date of the commencement of these regulations.

(b) The option under clause (a) shall be excercised within six months from the date of commencement of these regulations or before the date of retirement of the employee, whichever is earlier.

(c) The option shall be excercised in writing and shall be communicated by the employee to the Director in such form as may be prescribed by the Director who will countersign it and cause it to be pasted in the service book or other records of service of the employee. Option once exercised shall be final.

(d) An existing employee who does not exercise his option to continue to be governed by the existing rules as a whole to which he was subject prior to the date of commencement of these regulations from the date of such commencement.

23. Leave An employee shall be entitled to such leave as provided in the Central Civil Services Leave Rules, as amended from time to time.

(53) DISCIPLINE

24. Suspension :

(a) The appointing authority or any authority to which it is subordinate or the disciplinary authority specified in schedule-III may place an employee under suspension:

(i) where a disciplinary proceeding against him is contemplated or is pending ; or

(ii) Where in the opinion of the authority aforesiad he has engaged himself in activities prejudical to the interest of the security of the State; or

(iii) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial : Provided that where the order of suspension is made by an authority lower than the appointing authority such authority shall forthwith report to the appointing authority the circumstances in which the order was made.

Explanation : Disciplinary authority means an authority competent under these regulations to impose on an employee any of the penalties specified in regulation 25.

(b) An employee shall be deemed to have been placed under suspension by an order of the appointing authority :-

(i) With effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours ;

(ii) With effect from the date of his conviction if, the event of conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed, removed or compulsorily retired consequent to such conviction.

Explanation: The period of forty-eight hours referred to in clause (ii) conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith

(54) dismissed, removed or compulsorily retired consequent to such conviction.

(c) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee under suspension is set aside in an appeal or review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

(d) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an employee is got aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority, on a consideration of the circumstances of the case, decided to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

(e) (i) An order of suspension made or deemed to have been made under this regulation shall continue to remain in force until it is modified or revoked by the authority competent to do so;

(ii) Where an employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the employee shall continue to be under suspension until the termination of all or any of such proceedings.

(iii) An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.

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25. Penalties :

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an employee :- Minor Penalties :

(i) Censure;

(ii) withholding of his promotion and/or withholding of increments of pay;

(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Board by negligence or breach of orders.

Major Penalties :

(iv) reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether on the exiry of such period the reduction will or will not have the effect of postponing the future increments of his pay;

(v) reduction to a lower time-scale of pay, grade of post which shall ordinarily be a bar to the promotions of the employee to the time-scale of pay, grade or post from which he was reduced, with or without further directions regarding condition of restoration to the grade or post from which the employee was reduced and his seniority and pay on such restoration to that grade or post.

(vi) Compulsory retirement ;

(vii) removal or dismissal from service.

Explanation : The following shall not amount to a penalty within the meaning of this regulation, namely :-

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(i) withholding of increments of pay of an employee for his failure to pass any departmental examination in accordance with the rules or orders governing the post which he holds or the terms of his appointment;

(ii) stoppage of an employee at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar ;

(iii) non-promotion of an employee, whether in a substantive or officiating capacity, after consideration of his case to a grade or post for promotion to which he eligible;

(iv) reversion of an employee officiating in a higher grade, or post to a lower grade or post on the ground that he is considered to be unsuitable for such higher grade or post or on any administrative ground unconnected with his conduct.

(v) reversion of an employee, appointed on probation to any other grade or post, to his permanent grade or post during or at the time of the period of probation in a accordance with the terms of his appointment or the rules and orders governing such probation;

(vi) repatriation of an employee whose services had been borrowed from the Central Government or State Government or the authority from which the services of such employee had been borrowed ;

(vii) premature retirement of an employee in accordance with the provisions relating to his superannuation or retirement ;

(viii) termination of the service :-

(a) of an employee appointed on probation during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation ;

(b) of a temporary employee in accordance with the provisions of these Regulations; or

(57)

26. Disciplinary authorities :

(a) The Board may impose any of the penalties specified in regulation 25 on an employee.

(b) Without prejudice to the provisions of clause 9a), but subject to the provisions of clause (c), any of the penalties specified in regulation 25 may be imposed on a person appointed to a post under the Board by the authority specified in this behalf by a general or special order of the Board or, where no such order has been made, by the appointing authority or the authority specified in Schedule-IV.

(c) Notwithstanding anything contained in this regulation, no penalty specified in clause (iv) to (vii) of regulation 25 shall be imposed by any authority subordinate to the appointing authority.

27. Authority to institute proceedings :

(a) The Board or any authority empowered by it by general or special order may :-

(i) institute disciplinary proceedings against an employee ;

(ii) direct a disciplinary authority institute disciplinary proceedings against any employee on whom that disciplinary authority is competent to impose under these regulations any of the penalties specified in regulation 25.

(b) A disciplinary authority competent under these regulations may impose any of the penalties specified in clause (I) to

(ii) of regulation 25 notwithstanding that such disciplinary authority is not competent under these regulations to impose any of the letter penalties.

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28. Procedure for imposing major penalties :

(1) No order imposing any of the penalties specified in clauses (iv) to (vii) of regulation-25 shall be made except after following the procedure laid down in this regulation.

(2) Wherever the disciplinary authority is of the opinion that there are grounds for enquiring into the truth of any imputation of misconduct or misbehavior against an employee, it may itself enquire into or appoint an authority to enquire into the truth thereof. Where the disciplinary authority itself holds the enquiry, any reference to the inquiring authority shall be construed as a reference to the disciplinary authorities.

(3) Where it is proposed to hold an enquiry against an employee under this regulation, the disciplinary authority shall inform the employee in writing of the porposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to take action and give him a reasonable opportunity of making such representation as he may wish to make against the proposal.

(4) (a) On receipt of the written statement of defence, the disciplinary authority may itself enquire into such of the articles of charge as are not admitted, or if it considers it necessary to do so appoint under clause (2) an enquiring authority for the purpose and where all the articles of charge have been admitted by the employee in his written statement of defence, the disciplinary authority shall record his findings on each charges as it may think fit and shall act in the manner laid down under clause (9).

(b) If no written statement of defence is submitted by the employee the disciplinary authority may itself enquire into the articles of charge or may if it considers it necessary to do so, appoint under clause (2) an inquiring authority for the purpose.

(5) The enquiring authority shall return a finding of guilt in respect of those articles of charge to which the employee pleads guilty.

(59)

(6) If the employee to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the dates specified for the purpose or does not appear in person before the enquiring authority or otherwise fails or refuses to comply with the provisions of this regulation or the orders of the enquiring authority, the enquiring authority may hold the enquiry exparte.

(7) (a) Where a disciplinary authority, competent to impose any of the penalties specified in clauses (I) to (iii) of regulation 25 but no competent to impose any of the penalties specified in clauses

(iv) to (vii) of regulation 25 has itself enquired into or caused to be enquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any enquiring authority appointed by it, is of the opinion that the penalties specified in clauses (iv) to (vii) of regulation 25 should be imposed on the employee, that authority shall forward the records of the enquiry to such disciplinary authority as is competent to impose the last mentioned penalties.

The disciplinary authority to which the records are so forwarded may act on the evidence on record or may, if it is of the opinion that further enquiry is necessary in the interest of justice, do so and may impose on the employee such penalty as it may deem fit in accordance with those regulations.

(8) After the conclusion of the enquiry, a report shall be prepared and submitted to the disciplinary authority.

(9) (a) The disciplinary authority, if it is not itself the enquiring authority, may, for reasons to be recorded by it in writing, remit the case to the enquiring authority for further enquiry and report, and the enquiring authority shall thereupon proceed to hold the enquiry according to the provisions of this regulations as far as may be.

(b) The disciplinary authority shall, if it disagrees with the findings of the enquiring authority on any article of charge, record his reasons for such disagreement and record its own findings, on such charge, if the evidence on record is sufficient for the purpose.

(60)

(c) If the disciplinary authority, having regard to its findings on all or any of the charges, is of the opinion that any of the penalties specified in clauses (I) to (iii) of regulation 25 should be imposed on the employee it shall make an order imposing such penalty :

Provided that in case of the Director, the record of the enquiry shall be forwarded by the disciplinary authority to the Government of India for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the Director.

(d) (I) If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (iv) to (vii) of regulation 25 should be imposed on the employee, it shall :- (I) furnish to the employee a copy of the report of the enquiry held by it and its findings on each article of charge or where the enquiring authority has been appointed by it, a copy of the report of such authority and statement of its findings on each article of charge together with brief reason for its disagreement, if any, with the findings of the enquiring authority.

(II) In the case of the Director, a copy of the advice, if any, given by the Government of India and where the disciplinary authority has not accepted the advice of the Government of India, a brief statement of the reasons for such non-acceptance may also be supplied to him.

(III) give the employee a notice stating the penalty proposed to be imposed on him and calling upon him to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days as may be allowed, such representation as he may wish to make on the proposed penalty on the basis of the evidence adduced during the enquiry held under this regulation.

(ii) The disciplinary authority shall thereafter consider the representation, if any made by the employee in pursuance of the notice given to him under clause (i) and determine what penalty, if any, should be imposed on him and make such order as it may deem fit.

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29. Procedure for imposing minor penalties :

(i) Subject to the provisions of clause (c) of sub-regulation (9) of regulation 28, no order imposing on an employee any of the penalties specified in clause (i) to (iii) of regulation 25 shall be made except after.

(a) informing the employee in writing of the proposal to take action against him and of the imputation of misconduct or misbehaviour on which it is proposed to take action and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal ;

(b) taking into consideration the representation, if any, submitted by the employee under clause (a);

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 concerned matters.

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