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 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.
5. Composition of Board.—(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;
1. 21st July, 1970, vide notification No. G.S.R. 1255(E), dated 17th July, 1970, see Gazette of India, Extraordinary, Part II,
sec. 3(i).
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(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;
(e) the Director, Khuda Bakhsh Oriental Public Library, ex officio 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.
6. Term of office and fresh nomination in certain cases.—(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 renomination.
(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 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, etc.—(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
sub-section.
(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.
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, any member chosen by the members present from among
themselves, shall preside at a meeting of the Board.
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(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 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 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 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.—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.
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.
(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 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 shall be located at Patna.