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PRINCE OF WALES MUSEUM ACT, 1909
[August 1909]
Amended by Bom. 7 of 1913;
6 of 1921;
12 of 1922;
7 of 1924;
19 of 1933.
Adapted and modified by the Adaptation of Indian Laws Order in Council.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 24 of 1954.
44 of 1954.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Amended by Mah. 18 of 1962.
19 of 1967
An Act to provide for the erection and management of the Prince of Wales Museum of Western India.
WHEREAS it is intended to erect and maintain at Bombay a Museum as a memorial of the visit in the year 1905 of His Royal Highness the Prince of Wales to Bombay;
And whereas certain land has been set apart and large sums of money have been and are being subscribed for these purposes;
And whereas three Trustees have been provisionally appointed to take the custody of the said moneys;
AND whereas it is expedient to make provision for the erection, maintenance and management of the Museum and for the vesting and management of the said land and moneys and for the appointment of a permanent Board of Trustees;
It is hereby enacted as follows:
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Prince of Wales Museum Act, 1909, and
(2) It shall come into force at once.
SECTION 02: PROPERTY VESTED IN THE BOARD
All the estate, right, title and interest of 1[Government] together with all other estates, rights, titles and interests in and to the land specified in the Schedule to this Act and all moneys now in the custody of the three Trustees provisionally appointed to take the custody of the moneys subscribed for the purposes of erecting or maintaining at Bombay a Museum as a memorial of the visit in the year 1905 of His Royal Highness the Prince of Wales to Bombay and all the other property whether immovable or moveable, which has been or may hereafter be given, devised, bequeathed, transferred or otherwise acquired for the said purposes shall vest in the permanent Board of Trustees constituted by this Act on trust for the erection on the land specified in the said Schedule of a Museum to be called ‘The Prince of Wales Museum of Western India and for the maintenance and management of the said land and Museum.
1. This word was substituted for the words “His Majesty’ by the Adaptation of Laws Ordcr, 1950.
SECTION 03: CONSTITUTION AND POWERS OF THE BOARD
(1)There shall be constituted for the purpose of this Act a permanent Board of Trustees to be called “The Trustees of the Prince of Wales Museum of Western India” and such Board (hereinafter called the Board”) shall be a body corporate with perpetual succession and a common seal, and in the name of “The Trustees of the Prince of Wales Museum of Western India shall sue and be sued, and shall have power to and hold immovable or moveable property to let on hire, lease or mortgage any immovable vesting in them] to enter into contracts, and to do all acts necessary for and consistent with the purposes of this Act:
2[Provided that the Board shall not have power to mortgage any land specified in the Schedule which is included within lines drawn parallel, to and at a distance of twenty feet from, above the plinths of the front corner towers of the present Museum building and extending from the Rampart Row boundary to the Esplanade Road boundary which area contains by ad measurement 14,606 square yards, be the same a little more or less, and is for greater clearness delineated on the plan referred to in section 2 of the Prince of Wales Museum (Amending) Act, 1913, or any building thereon.]
(2)The Board shall consist of the following members, namely:
3* * * * * * *
(b) the Collector of Bombay,
4[(b-1) the Director of Art, Maharashtra State;]
5[(c) the Dean, Sir Jarnsetjee Jeejeebhoy School of Art;]
6[(c-1) the Director of Archives and Archaeology, Maharashtra State;]
1. These words were substituted for the word “hold and acquire property” by s. of Wales Museum (Amendment) Act,1921 (Born. 6 of 1921.)
2. This proviso was sided by s.2f hA Ib
3. Clause(a) was deleted by Ma of1962, S. 2. Section 3 of the said Act reads as follows: “3. The omission of the Director of from the Board of Trustees called ”The Trustees of the Prince of Wales Museum of Western India section 3 of the principal Act, shall not affect the constitution or powers of the Board; and all acts and powers of the Board as constituted immediately before the commencement of the, Act, shall be deemed to be the acts and powers of the Board as constituted on the commencement of this Act.
4. Clause(b-l) was inserted by Mah. 19 of 196
5. Clause(c)was deemed to have been substituted ibid., S2(b),witheffectfrom24tjjoc,oka
1950
6. Clause (c-I) was inserted, ibids. 2(c).
1[(d) the Superintendent, Department of Archaeology, Western Circle;
(dd)the Superintendent, Department of Archaeology, South Western Circle;]
(e) such two members of the Municipal Corporation of the City of Bombay as shall from time to time be elected by the said Corporation in accordance with such regulations as may from time to time be made in this behalf by the said Corporation: Provided that the election shall be by 2[ballot]
3[(f) three other persons be nominated by the 4[5[State]Government]
6[(g) so long as the collection installed in the Museum by the Bombay Natural History Society remain in the Museum, two other persons to be nominated by the Managing Committee of the Bombay Natural History Society;
(h) so long as the loan collection of the Bombay branch of the Royal Asiatic Society remains in the museum, one other person to be nominated by the Bombay branch of that Society;]
7[(hh) one other person elected at a joint meeting of the Trustees of the Sir Dorabji Tata Trust constituted by a trust deed dated the eleventh day of March 1932 and of the Trustees of the Sir Ratan Tata Charities constituted by the will and codicil of Sir Ratan Tata dated the twenty-first day of March 1913 and the twenty-ninth day of February 1916, respectively by a majority of votes of the Trustees present and voting at such meeting, the Chairman of such meeting having a casting vote in the case of an equality of votes;]
(i) one other person to be nominated by the Syndicate of the University of Bombay; and
(j) four other persons to be nominated by the Board, if the Board so desire, for such period as the Board may consider desirable.]
1.These clauses were substituted for clause (d) by Bom.44 o s.2.
2.This word was substituted for the words ‘open vote, and” by(I3om.12 of 1922), s.2.
3. This clause was substituted. Ibid, s.2.
4, The words “Provincial Government” were substituted for the word Government by the Adaptation of Indian Laws Order in Council.
5. This word was substituted for the word Provincial” by the Adaptation of Laws Order, 1950.
6. These words were inserted by s,2 a Prince of Wales Museum (Amendment) Act 1922, (Bom. Act 2of 1922).
7. Clause (hh) was inserted by Bom. 19 of 1933, s.2.
(3) In the case of ex-officio members the person for the time being performing the duties of any of the offices mentioned in sub-section(2) shall act as a member.
(4) Al acts done by a majority of the members present and voting at a meeting of the Board shall be deemed to be acts of the Board.
(5) No act of the Board shall be deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of, the Board.
(6) The Board may appoint a person to act as their Secretary.
(7) Orders for the payment of money on behalf of the Board shall be deemed to be sufficiently authenticated if signed by two members and countersigned by the Secretary.
SECTION 03A: TERM OF OFFICE ELECTION AND APPOINTMENT OF NEW MEMBERS IF A VACANCY
It provides that the changes made in the designation of the principal of Sir Jarnsetjee Jeejeebhoy School of Art, will not affect acts and powers of the Board of Trustees of the Prince of Wales Museum constituted under section 3 of the Principal Act.
(I) Members of the Board other than ex-oficio members shall, save as herein otherwise provided, hold office for a period of three years.
(2) If a member other than an ex-officio member-
(a) dies, or
(b) is absent from the meetings of the Board for more than six consecutive months, or
(c) leaves the Presidency of Bombay with the intention of being absent there from for more than six consecutive months, or
(d) desires to be discharged, or
(e) refuses to act or becomes incapable of acting,
a new member may be elected or nominated, as the case may be, in the same manner as was the member in whose place he is to be elected or nominated and he shall hold office for so long only as such member would have held it if the vancancy had not occurred.
SECTION 03B: POWER OF BOARD TO LEND, EXCHANGE, SELL OR DESTROY ARTICLES IN COLLECTIONS
Subject to the provisions of any rules made by the 1[Official Government] in this behalf the Board may, from time to time-
(a) deliver by way of loan to any person the whole or any portion of, or any article contained in, any collection vested in them under this Act;
(b) exchange or sell articles contained in any such collection and take or purchase, in the place of such articles, such articles as may in their opinion be worthy of preservation in the Museum;
(c) present articles contained in any such collection to other Museums in India or elsewhere; and
(d) remove and destroy any article contained in any such collection:
Provided that nothing therein contained shall authorise the Trustees to lend, exchange, sell present, remove or destroy any article when such lending, exchange, sale, presentation, removal or destruction, as the case may be, is precluded by the terms on which the Trustees may have received any such article.]
1. Sections 3A,3B and SC were inserted by s.3 of the Prince of Wales Museum (Amendment Act, 1922 (Bom. 12 of 1922).
SECTION 03C: IF POWER OF BOARD TO KEEP COLLECTIONS NOT BELONGING TO THEM
Notwithstanding anything hereinbefore contained, the Board may, if they think fit, assume the custody and administration of collections which are not the property of the Board for the purposes of their trust under this Act and keep and preserve such collections either in the Museum or else where.]
SECTION 04: OFFICERS AND SERVANTS TO BE PUBLIC SERVANTS
All officers and servants employed by the Board shall be deemed to be public servants within the meaning of the Indian Penal Code:
Provided that this section shall not apply to persons in the service of any contractor employed by the Board.
SECTION 05: RULES
(1)The 1[Provincial Government) may make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
(a) for the manner in which meetings of the Board shall be convened, the quorum necessary for the transaction of business, and the procedure at such meetings;
(b) for the appointment of committees of the Board, and the powers of expenditure and control which may be delegated to such committees;
(c) for the erection of the Museum on the land specified in the Schedule to this Act and for the maintenance and management of the said land and Museum, the care and custody of the objects deposited in the Museum, and the conditions under which the public shall have access to the land or Museum;
(d) for the maintenance, management and disposal of any other immovable property vested in the Board and for the investment and re-investment in public securities or otherwise and for the safe custody of the funds of the Board;
(e) for the form of accounts to be kept by the Board, and for the audit and publication of such accounts; and
(f) for the application to the officers and servants employed by the Board of the rules which apply to the civil servants of the Crown, or to any class of such civil servants;
1.Sections 3A,3B and 3C were inserted by s.3 of the Prince of Wales Museum (Amendment) Act, 1922)Bom 2 of l922).
2. These words “Provincial Government” were substituted for the word Government by the A4spIaliofl of Indian Laws Order in Council.
2[(g) for the payment of contributions at such rates and subject to such conditions as may from time to time be prescribed by the Board to any pr fund which may be established by the Board for the benefit of the Officers and servants employed by it.]
SECTION 06: POWER TO BORROW FROM CENTRAL OR PROVINCIAL GOVERNMENT OR PERSON
The Board may from time to time borrow or re-borrow and take up at interest from 4[the Central or the Provincial Government] or with the previous sanction of the 1[Provincial Government] from any person any sum necessary for the purpose of defraying any cost charges or expenses incurred or to be incurred by them to carry out the purposes of this Act, or for the purpose of repaying either in whole or part any sums hereafter borrowed or owing by the Board.
5[* * * * *]
SECTION 07: MORTGAGE OF IMMOVABLE PROPERTY, OR REVENUES
(1) The Board may borrow or re-borrow any such sum as aforesaid from any person on the security of any immovable property vesting in them other than the property mentioned in the proviso to section 3 or of their revenues or of both of these securities.
(2) For the purpose of securing the repayment of any sum so borrowed with interest thereon they may mortgage to the person by or on behalf of whom such sum is advanced any such immovable property or revenues of both of these securities.]
1. The words “Provincial Government’’ were substituted for the word ‘Government” by Adaptation of Indian Laws Order in Council.
2. Clause (g) was inserted by Bom.7 of 1924, s.2 This clause shall be deemed to have effect from such date as may be fixed by the Board in this behalf. See section 2(21)ibid.
3. Sections 6 to 17 were added by s,3 of the Prince of Wales Museum (Amendment) Act, (Bom. 6 of 1921).
4. The words the Central or the Provincial Government” were substituted for the words” the Government” by the Adaptation of Indian Laws Order in Council
5. The proviso to s.6 was omitted, ibid.
6. Sections 6 to 7 were added by s.3 of the Prince of Wales Museum (Amendment) Act 1921 (Bom 6 of 1921).
SECTION 08: PROVISIONS AS TO SINKING FUNDS
(1) In respect of every loan raised by the Board for a term exceeding one year, the Board shall either pay off the money borrowed by equal yearly or half-yearly installments of principal or of principal and interest, or they shall in every year set apart as a sinking fund and accumulate in the way of compound interest by investing the same in the purchase of public securities or in such other securities as the 2[Provincial Government] may approve in this behalf such sum or sums as will, with accumulations in the way of compound interest, be sufficient after payment of all expenses to pay off the moneys so borrowed 3[within such period not exceeding sixty years from the date of the raising of the loan as the Provincial Government] may in each case direct.]
(2) The Board may at any time apply the whole or any part of a sinking fund set apart under this section in or towards the di
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