4. 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 “Rampur Raza 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 to contract, and may, by that name, sue and, be sued.
5. Composition of Board.—(1) The Board shall consist of the following persons, namely:—
(a) the Governor of the State of Uttar Pradesh, ex officio, who shall be the Chairman;
1. 1st July, 1975, vide notification No. G.S.R. 354(E), dated 26th June, 1975, see Gazette of India, Extraordinary, Part II,
sec. 3(i).
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(b) Shri Syed Murtaza Ali Khan, for life, who shall be the Vice-Chairman;
(c) Colonel Bashir Hussain Zaidi, for life;
(d) the Accountant-General, Uttar Pradesh, ex officio;
(e) a descendant of the late Nawab Sir Syed Raza Ali Khan Bahadur of Rampur, to be nominated
by the Central Government;
(f) four persons to be nominated by the Central Government, out of whom—
(i) two shall be persons who, in the opinion of the Central Government, have expert
knowledge with regard to the collections in the library or are distinguished historians or scholars
of Arabic, Persian or Urdu,
(ii) one shall be an officer, not below the rank of a Deputy Secretary to the Government of
India in the Department dealing with matters connected with the library,
(iii) one shall be a person who, in the opinion of the Central Government, has expert
knowledge of, and experience in, management of public libraries;
(g) the Collector and District Magistrate, Rampur, ex officio;
(h) three other persons, of whom at least two shall be scholars of repute, to be nominated by the
State Government;
(i) the Director of the Library, ex officio, who shall be the Member-Secretary.
(2) Every nomination made under this section shall be notified by the Central Government in the
Official Gazette and every nomination so notified shall take effect from the date of the notification.
6. Term of office and fresh nomination in certain cases.—(1) The term 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 Government
nominating him, and on such resignation being notified by the Central Government in the Official
Gazette, he shall be deemed to have vacated his office on the date of publication of such notification.
(3) If the office of any nominated member is vacated before the expiry of the term of his office, the
resulting vacancy may be filled by fresh nomination by the Government by which such member was
nominated, and the member so nominated shall hold office for the remainder of the term of office of the
member in whose place he is nominated.
(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 lave or otherwise in circumstances not involving the vacation of his office,
the Central Government or the State Government, as the case may be, may nominate another person to act
in his place during his absence.
7. 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 a person acting as a member thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
8. Duty of Government nominating persons.—(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,
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whenever requested by the Central Government or the State Government so to do, furnish to it such
information with regard to his financial or other interest in the library as that Government considers
necessary for the performance by it of its duties under this sub-section.
(2) A nominated member who is, in any way, whether directly or indirectly, concerned or interested
in a contract or arrangement or proposed contract or arrangement, entered into or to be entered into, by or
on behalf of the Board shall, as soon as possible, after relevant circumstances have come to his
knowledge, disclose the nature of his concern or 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 such disclosure in
the discussion, or vote, on the contract or arrangement; and if he does vote, his vote shall be void.
9. Meetings of Board.—(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, the Vice-Chairman, if any, or in the absence of both, any
member chosen by the members present from amongst themselves, shall preside at a meeting of the
Board.
(3) If an officer of Government who is nominated as a member of the Board by virtue of his office is
unable to attend any meeting of the Board, he may, with the previous approval of the Chairman, authorise
in writing, any person to attend that meeting, but the person so authorised shall not be entitled to vote at
that meeting.
(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
Vice-Chairman, if any, or, in the absence of both, the member presiding; shall have a second or casting
vote.
10. 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 to have with regard to the performance of
any of its functions under this Act.
(2) A person associated with it by the Board under sub-section (1) for any purpose shall have the right
to take part in the discussions of the Board relating to that purpose, but shall not, by virtue of this section,
be entitled to vote.
11. Authentication of orders and other instruments of Board.—(1) All orders and decisions of the
Board shall be authenticated by the signature of the Chairman or the Vice-Chairman, if any, 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) Orders, decisions or instruments authenticated in accordance with the provisions of
sub-section (1) shall be evidence of the matter recorded therein and shall be admissible in evidence
notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), or in any other law for
the time being in force.
(3) Any member, officer or other employee of the Board or any other person interested in the library
shall be entitled to be furnished, within seven days after he has made a request in that behalf to the library,
with a copy of the order, decision or instrument authenticated in the manner specified in
sub-section (1), on payment of such fee as may be prescribed.
12. Staff of Board.—(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.
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(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.
13. Transfer of service of existing employees to Board.—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 duly 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.
14. Location of library.—The library and the collections thereof shall continue to be located at
Rampur.