z MANIPUR i ~ EXTRAORDINARY PUBLISHED BY AUTHORITY No. 374(a) Imphal, Friday, September 18, 2015 (Bhadra 27, 1937)———5—_#*———_-—_———_———-——_—_———' GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION Imphal, the 18th September, 2015 No. 2/31/2015-Leg/L: T:he following Act of the Legislature, Manipur which received assent of the Governor of Manipur on September 17, 2015 is hereby published in the Official Gazette: THE MANIPUR PUBLIC LIBRARY (TAKING OVER OF MANAGEMENT) ACT, 2015 | (MANIPUR ACT NO. 13 OF 2015) AN ACT to previde for the taking over of rhe management of the Maripur " Public Librewy in the public interest and for malters connected therewith or incidental thereto. ' Whereas, a mevement for constructien करी 2 public library in Imphal was initiated m the year 1948 by a Committec led by late Shri N. Gopal Simgh as its founder Secrctary by raising subscription/ dematien fom the general public of Manipur; Whereas en request by the Committee, the Manipur State Ceuncil earmarked land for the said Library vide Council Resolution Ne. 27 dated 4™ February, 1948. Late Premsukh Patmi, on behalf of his firm M/S Ganeshlal Premsukh donated Rs. 25,000/- for the comstruction of a public library and the erstwhile Manipur * Staté Ceumcil vide Council’s Resolution No 17 dated 15 June, 1949 wished that the Committee led by Shri N. Gopal Singh will construct the library building and equip the same with books which will be keeping with the benefactors wishes;
Whereas. the Manipur Public Library Committee completed the comstruction of the building with the money provided by Shr Premsukb Patni and other donors and the library was opened to the public from 21% June, 1950 and the same was managed by the " Manipur Public Library Committee; Short title and Commencement Definitions. Whereas the management of the Manipur Public Library Society was taken over in 1963 by the Manipur Library Society which was registered under the Societies Registration Act, 1860. Whereas the Manipur Public Library Society fails to convene meetings of the Society in time despite instructions issued by the Registrar of Societies, and with the passage of time after a fire gutted the library through mismanagement of the property by letting out some portions of the plot to individual persons for business which is quite contrary to the object for which the Manipur Public ‘Library was established and land provided for the same and फिट library had become defunct and that the Manipur Public Library Society had also become defunct and nen functional causing serious loss to the general public; and Whereas the State Government in its desire to save the library from total loss decided to take over the management of the Manipur Public Library and properties thereof and it is felt that any delay in taking over the managemeént of the Library would be highly detrimental to the interest of the general public. BE it enacted by the Legislature of Manipur in the Sixty-sixth year of the Republic of India as follows: 1. (1) This Act may be called the Manipur Public Library (Taking Over of Management) Act, 2015. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Inthis Act, unless the context otherwise requires :- (2) “custodian” in relation to the Manipur Public Library means the person appointed under section 5 of this Act to take over the management of the Manipur Public Library; (b) “library” means the Manipur Public Library, located at Bir Tikendrajit Road, Imphal managed by the Manipur Public Library Society; (¢) “Manipur Public Library Society” means the Manipur Public Library Society registered under the then Societies Registration Act, 1860:
(d) “notification” means a notification published in the Official Gazette; (e) “prescribed” means as prescribed by rules made under this Act; and () “State Government” means the Govemment of Manipur. 3. (1) On and from the commencement of this Act, the management of the Manipur Public Library shall vest in the State Government. (2) The management of the Manipur Public Library shall be deemed to include management of all assets, rights, lease-holds, powers, authorities and pnm'vfl"e"g'es and all property, movable and immovable, cash balance, reserve funds including lands, buildings, works of art, library and all other rights and interest arising out of such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the society, all books of accounts, registers, records and all other documents of whatever nature relating thereto. 4. (1) Any contract, whether expressed or implied, provided for management of the Manipur Public Library, made before the commencement of this Act between any person claiming to be in charge of the management of such library and any othcr'perso-n before the commencement of this Act shall be deemed to have terminated or vacated their ए्फिट्थ्ड, 25 फिट ७856 एज 96, 0 such commencement. : (2) Notwithstanding anything contained in this section, all the property belonging to the Manipur Public Library shall stand trapsferred from the commencement of this Act and shall be deemed to have been vested in the State of Manipur absolutely and free from ail encumbrance, trust, power or obligation of any kind or nature whatever: Provided that the State Government shall not be Irable for any act done by any person. without the approval of validly elected management comumittee of the Manipur Public Library Society. 5.(1) The State Govermment may appoint any person 85 फिट custodian for the purpose of taking over of the management of the Manipur Public Library and the person so appointed shall carry on the management of the library on behalf of the State Government in such maoner as may be prescribed. (2) The State Government may also appoimt ome or more person(s) as additional custodian or deputy custodian for assisting - Management of the Manipur Public Library Contract regarding management of the Manipuar Public Library to be deemed to have terminated. Power to appoint Custodian.
Delegation of Powers. Protection of action taken in good faith. Remaoval of difficulties. Overriding effect of the Act Powers to make Rules. the custodian who may delegate all or such of his power as he may think fit to the additional custodian or deputy custodian, (3) Every custodian or deputy custodian so appointed shatl exercise the power vested to him under the control and supervision of the State Government. ' (4) - On the appointment of the custodian under sub-section (1), the management of the library shall vest in him and all person -in-charge of the management of such library immediately before such appointment shall cease and shall be bound to deliver to the - custodian all assets, books of account, register or other document in - their custody relating to the Manipur Public Library. 6. (1) The State Government may, by notification, direct that all or any of the power exercisable by it under this Act may be exercised by any person or persons as may be prescribed. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the State Government as may be prescribed. 7. No suit or prosecution or other legal proceedings shall lie against the custodian or authorized person for anything which is in good faith done or intended to be done under this Act. 8. Whenever any difficulty arises in the implementation of any of the provisions of this Act, rules and orders made thereunder, the State Government may give such directions as may appear to it to be necessary for the purpose of removing the difficulty: ~Provided that the above provision shall have effect for a period of two years from the commencement of this Act. 9. The provision of this Act shall have effect notwithstanding anything mconsistent herewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any decree or order of any court, tribunal or any other authority. ‘ 10. (1) The State Government may, by notification in Official Gazette make rules for carrying out the purposes of this Act. (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,— (8) the manner of management of the library by the custodian under sub-section (1) of section 5;
(b) the powers exercisable by persons under section 6; (c) any other matter which is required to b'e, or may be, prescribed. 11. Every rule made under this Act shall be laid as soon as may Rules made be after it is made, before the House of the Manipur Legislative A“d"dto“ bethlmm_ g Assembly while it is in session for a period of fourteen days which in the House. may be comprised in one session or in two Or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions immediately following, the House agree in making any modification in the rule or the House agree that the rules shall 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. Printed at the Directorate of Printing & Stationery, Government of Manipur/305-C/18-09-2015.