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NATIONAL LIBRARY OF INDIA ACT, 1976
76 of 1976
11th June, 1976
An Act to provide for the administration of the National Library and certain other connected matters. Be enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the National Library of India Act, 1976.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "Board" means the Board established under section 3; (b) "Chairman" means the Chairman of the Board: (c) "Fund" means the Fund referred to in section 23-;
(d) "Library" means the institution located at Calcutta and known at the commencement of the Constitution as the National Library;
(e) "member" means a member of the Board and includes the Chairman;
(f) "prescribed" means prescribed by rules made under this Acts
SECTION 03: ESTABLISHMENT AND INCORPORATION OF BOARD
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established for the purposes of this Act, a Board to be known as the National Library Board.
(2) The Board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and contract and may by the name sue and be sued.
(3) Notwithstanding anything contained in sub-section (2) the Board shall not, except with the previous approval of the Central Government, sell or otherwise dispose of any manuscripts, books, articles things belonging to the Library, other than articles of furniture, stationary and dead stock of like nature: Provided that where any such manuscripts, books, articles or things donated by any person to the Library are proposed to be sold or otherwise disposed of, no approval under this sub-section shall be accorded unless the donor or his successor-in-interest as the case may be, has permitted in writing to do so.
SECTION 04: COMPOSITION OF THE BOARD
- The Board shall consist of the following members, namely:-
(i) a Chairman, being a person of academic distinction, to be nominated by the Central Government;
(ii) three persons to be elected by Parliament, two from the House of the People by the members of the House of the People and one from the Council of States by the members of the Council of States;
(iii) three persons to be nominated by the Government of the States by rotation in the alphabetical order;
(iv) four persons to represent the Universities in India, to be nominated in the prescribed manner.
(v) the Chairman of the University Grants Commission or a member of that Commission to be nominated by the Chairman thereof,
(vi) the Chief Librarian, by whatever name called, of one of the public libraries within the meaning of clause (b) of section 2 of the Delivery of Books and Newspapers (Public Libraries) Act, 1954-, but not including the National Library, Calcutta, to be nominated by the Central Government by rotation in the alphabetical order;
(vii) the Chief Librarian by whatever name called, of one of the public libraries in India [not being a library referred to in clause (vi)] containing important collections of manuscripts of historical, literary or aesthetic importance, to be nominated by the Central Government;
(viii) one person to be nominated by the Indian Library Association, a society registered under the Societies Registration Act, 1860-;
(ix) the Director, National Archives of India;
(x) eight scholars of repute in different disciplines covering humanities, science, social science, medicine, engineering and technology and law, to be nominated by the Central Government;
(xi) two persons to be elected by the officers and other employees serving in the Library from amongst themselves in such manner as may be prescribed: Provided that at least one such person shall be a member of the technical staff of the Library.
(xii) two persons, not below the rank of Joint Secretary to the Government of India, to be nominated by the Central Government, to represent respectively the Ministry or Department of the Central Government dealing with matters relating to the Library and the Ministry of the Central Government dealing with Finance.
(xiii) one person to be nominated by the Government of West Bengal to represent that Government;
(xiv) the Director of the Library, who shall be the Member-Secretary.
SECTION 05: DISQUALIFICATION FOR OFFICE OF MEMBER
- A person shall be disqualified for being nominated, or, as the case may be, elected as and for being a member of the Board or the Executive Council referred to in section 11-,-
(a) if he has been convicted and sentenced to imprisonment for an offence which involves moral turpitude; or
(b) if he is an undischarged insolvent: or
(c) if he is of unsound mind and is so declared by a competent Court; or
(d) if he has such financial or other interest in the Board as is likely to affect prejudicially the discharge by him of his function as a member.
SECTION 06: TERM OF OFFICE, ETC., OF MEMBERS
(1) Every nomination or election, as the case may be. of the Chairman and the other members under section 4-shall be notified by the Central Government in the Official Gazette and their term of office shall be three years from the date of such notification: Provided that the term of office of a member elected under clause (ii) of sub-section (1) of section 4-or under clause (xi) of that sub-section shall come to an end as soon as he ceases to be a member of the House from which he was elected or, as the case may be, he ceases to be in the employment of the Board.
(2) Any nominated or elected member may resign his office by giving notice in writing to the Central Government and, on such resignation being notified by the Central Government in the Official Gazette, he shall be deemed to have vacated his office.
(3) A casual vacancy created by the resignation of a nominated or elected member under sub-section (2) or by any other reason may be filled by fresh nomination by the authority which nominated the member or, as the case may be, by fresh election by the House or body which elected the member and such nomination or election shall be notified by the Central Government in the Official Gazette and a member so nominated or elected shall hold office for the remaining period for which the member in whose place he is nominated or elected would have held office.
(4) An outgoing member shall be eligible for re-nomination or reelection.
(5) If any nominated member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the authority which nominated the member may nominate another person to act in his place during his absence.
SECTION 07: VACATION OF OFFICE OF MEMBER
- The Central Government shall remove a member of the Board or the Executive Council referred to in section 11-if he-
(a) becomes subject to any of the disqualifications mentioned in section 5-: Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (d) of that section unless he has been given a reasonable opportunity of being heard in the matter; or
(b) is, without obtaining leave of absence from the Board, absent from three consecutive meetings of the Board or the Executive Council, as the case may be
SECTION 08: VACANCIES, ETC., NOT TO INVALIDATE ACTS
- No act of the Board shall be invalid merely by reason of-
(a) any vacancy in, or defect in the constitution of the Board, or
(b) any defect in the nomination of the person acting as a member thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
SECTION 09: MEMBERS TO DISCLOSE THEIR FINANCIAL OR OTHER INTEREST IN THE BOARD
Any member who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board shall, as soon as possible, after the relevant circumstances have come to his knowledge disclose the nature of his interest at a meeting of the Board and the disclosure shall be recorded in the minutes of the Board and the member shall not take part after the disclosure in any deliberation or decision of the Board with respect to that contract.
SECTION 10: MEETINGS OF BOARD
(1) The Board shall meet at least twice a year, ordinarily at the premises of the Library, and shall, subject to the provisions of sub-sections (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings, as may be provided by regulations made under this Act.
(2) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Board.
(3) If any member, being an officer of the Government, is unable to attend any meeting of the Board, he may, with the previous approval of the Chairman, authorise, an officer of the Ministry or Department not below the rank of Deputy Secretary to the Government of India, in writing to do so.
(4) All questions at a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or, in his absence, the member presiding, shall have a second or casting vote.
SECTION 11: EXECUTIVE COUNCIL
(1) There shall be an Executive Council of the Board consisting of nine members.
(2) The Director of the Library shall be the Chairman of the Executive Council and the other members thereof shall be appointed by the Board partly from among the members of the Board and partly from outside: Provided that a representative each from the Ministry of the Central Government dealing with Finance and the Ministry or Department of the Central Government dealing with the Library and' a representative of the Government of West Bengal shall be members of the Executive Council: Provided further that without prejudice to the provisions of the preceding proviso not more than three persons shall be appointed from outside.
(3) The Executive Council shall assist the Board in the exercise of its powers and the performance of its duties under this Act and shall exercise such of the powers and perform such of the duties of the Board as may be prescribed or as the Board may delegate to it subject to such conditions as the Board may deem fit.
(4) With the previous approval of the Board, it shall be competent for the Executive Council to entertain and adjudicate upon any grievance of the officers and other employees of the Board.
(5) The term of office of those members of the Executive Council who are not members of the Board shall be conterminous with the term of office of the members of the Board.
SECTION 12: TEMPORARY ASSOCIATION OF PERSONS WITH BOARD FOR PARTICULAR PURPOSES
(1) The Board may associate with itself in such manner and for such purposes as may be provided by regulations made under this Act, any person whose assistance or advice it may desire in performing any of its functions under this Act.
(2) A person associated with it by the Board under sub-section ( 1 ) for any purpose shall have the right to take part in the discussion of the Board relating to that purpose, but shall not, by virtue of this section, be entitled to vote.
SECTION 13: AUTHENTICATION OF ORDERS AND OTHER INSTRUMENTS OF BOARD AND EXECUTIVE COUNCIL
(1) All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other member authorised by the Board in this behalf and all other instruments issued by the Board shall be authenticated by the signature of an officer of the Board authorised in like manner in this behalf.
(2) All orders and decisions of the Executive Council shall be authenticated by the signature of the Director of the Library.
SECTION 14: VISITOR
(1) The President of India shall be the Visitor of the Library.
(2) The Visitor shall have the right to cause an inspection of the Library to be made or to cause an inquiry to be made in respect of any matter connected with the Library by such person or persons as he may direct.
(3) The Visitor shall in every case give notice to the Board of his intention to cause an inspection or inquiry to be made and the Board shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(4) The Visitor may address the Chairman with reference to the result of such inspection and inquiry, and the Chairman shall communicate to the Board the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
(5) The Board shall communicate through the Chairman to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(6) Where the Board does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Board, issue such direction as he may think fit and the Board shall be bound to comply with such direction.
(7) Without prejudice to the foregoing provisions of this section, the Visit or may, by order in writing, annual or stay any proceedings of the Board which are not in conformity with the provisions of this Act or the rules or regulations made thereunder: Provided that no such order shall be made unless the Board has been given a reasonable opportunity of making a representation in the matter.
SECTION 15: DIRECTOR OF LIBRARY
(1) The visitor shall appoint, in such manner as may be prescribed, a person who is a scholar of distinction or is a distinguished librarian possessing high academic status, as the Director of the Library.
(2) The term of office of the Director shall be for a period of five years from the date on which he assumes office or up to the age of sixty years, whichever is later: Provided that no person shall hold the office of Director after he attains the age of sixty-five years.
(3) The Director shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed.
(4) The person appointed as the director and holding office as such at the commencement of this Act shall be deemed to have been appointed under this section and the provisions thereof shall apply to him accordingly.
SECTION 16: STAFF OF BOARD
(1) Subject to the provisions of this section, the Board may, for the purpose of enabling it efficiently to perform its functions under this Act, appoint such number of officers and other employees as it may deem fit and in making such appointments the Board shall act in conformity with the orders of the Central Government for the time being in force regarding reservation for the Scheduled Castes and the Scheduled Tribes in the services of the Union.
(2) The recruitment and conditions of service of such officers and other employees shall be such as may be provided by regulations made under this Act.
(3) Every officer or other employee of the Board, not being an officer or other employee appointed on deputation shall be appointed on a written contract which shall be lodged with the Board and a copy of which shall be furnished to the employee concerned.
(4) Any dispute arising out of a contract between the Board and any of its officers or other employees not being an officer or other employee appointed on deputation, shall, at the request of the employee concerned or at the instance of the Board, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board one member nominated by the employee, and an umpire appointed by the Visitor.
(5) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any Court.
(6) No suit or other proceeding shall lie in any Court in respect of any matter which is required by sub-section (4) to be referred to the Tribunal of Arbitration.
(7) The Tribunal of Arbitration shall have power to regulate its own procedure.
(8) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
SECTION 17: TRANSFER OF SERVICE OF EXISTING EMPLOYEES TO BOARD
(1) On the establishment of the Board it shall be lawful for the Central Government to transfer by order and with effect from such date or dates as may be specified in the order to the Board any of the officers or other employees serving in the Library: Provided that no order under this subsection shall be made in relation to an officer or other employee who has in respect of the proposal of the Central Government to transfer such officer or employee to the Board intimated within such time as may be specified in this behalf by that Government, his intention of not becoming an employee of the Board.
(2) An officer or other employee transferred by an order made under subsection (1) shall, on and from such date, cease to be an employee of the Central Government, and shall become an employee of the Board with such designation as the Board may determine and shall, subject to the provisions of sub-sections (3), (4) and (5) be governed by the regulations made by the Board under this Act as respects remuneration and other conditions of service including pension, leave and provident fund and shall continue to be an employee of the Board unless and until his employment is terminated by the Board.
(3) Every officer or other employee transferred by an order made under sub-section ( 1 ), shall, within six months from such date, exercise his option in writing to be governed-
(a) by the scale of pay applicable to the post held by him under the Government immediately before the date of establishment of the Board or by
the scale of pay applicable to the post under the Board to which he is transferred.
(b) by the leave, provident fund, retirement or other terminal benefits admissible to employees of the Central Government in accordance with the rules and orders of the Central Government as amended from time to time or the leave, provident fund or other terminal benefits admissible to the employees of the Board under the regulations made by the Board under this Act, and such option once exercised shall be final: Provided that the option exercised under clause (a) shall be applicable only in respect of thepost to which such person is transferred to the Board and on appointment to a higher post under the Board, he shall be eligible only for the scale of pay applicable to such higher post: Provided further that if immediately before the date of his transfer any such person is officiating in a higher post under the Government either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Government to which he would have reverted or to the scale of pay applicable to the post under the Board to which he is transferred, whichever he may opt.
(4) No officer or other employee transferred by an order made under subsection (1)-
(a) shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the Board as may be specified in the regulations made by the Board under this Act;
(b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making a representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry. Provided that this clause shall not apply,-
(i) where any officer or other employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
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