23. Power of Central Government to issue directions to Board.—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 to it under this sub-section.
24. Delegation of powers and duties.—The Board may, by 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.
25. Officers and employees of Board to be public servants.—Every officer or employee 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 a public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1960).
26. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall
lie against the Board or any member, officer or other 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.
27. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules to give effect to the provisions of this Act:
Provided that when the Board has been established, no such rules shall be made without consulting
the Board.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the term of office of, and the manner of filling casual vacancies among, the members
nominated under clause (e), clause (f) or clause (h) of sub-section (1) of section 5;
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(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 disqualifications for membership of the Board and the procedure to the 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 each
House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
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.
28. Power of Board to make regulations.—(1) The Board may, with the previous approval of the
Central Government, 1
[by notification in the Official Gazette,] make regulations, not inconsistent with the
provisions of this Act and the rules made thereunder, with regard to the discharge of its functions under
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the conditions and restrictions subject to which manuscripts and books in the library may be
used;
(b) the manner in which, and the purposes for which, persons may be associated with the Board;
(c) the time and place of meetings of the Board, the procedure to be followed in regard to the
transaction of business at such meetings and the quorum necessary for the transaction of business at a
meeting of the Board;
(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 by the Board in a 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 steps to be taken for the preservation of the manuscripts, books and other articles and
things in the library;
(k) the general management of the library;
(l) the fees and other charges to be levied for the use of any manuscript or book in the library;
(m) any other matter in respect of which provisions is, in the opinion of the Board, necessary for
the performance of its functions under this Act.
1. Ins. by Act 52 of 1981, s. 2 (w.e.f. 24-12-1981).
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(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 as so amended or varied or be of no effect, as the case may be, but without prejudice to the
exercise of the powers of the Board under sub-sections (1) and (2).
1
[(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.]
29. Act to override other enactments, and instruments.—The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any law other than this Act for the
time being in force or any instrument having effect any virtue of any enactment other than this Act.