Assam act 023 of 1984 : The ASOM RASTRABHASA PRACHAR SAMITI (TAKING OVER OF MANAGEMENT AND CONTROL) ' ACT. 1984

1722 THE' ASSAM GAZETTb EXTRAORDINARY.DEC. 15 . 1984 .ASSAM ACT No: XXIII OF 1984

(Received the assent of the Governor on 12th December, 1984)' THE ASOM RASTRABHASA PRACHAR SAMIT!

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(TAKING OVER OF MANAG_EMENT AND CONTROL) ' ACT. 1984

Preamble.

Sho;:t title,

extent and

commence-

ment.

An

Act

to provide for temporary transfer of the management and control of the affairs of the Asom Rastrabhasa Prachar Samiti from the Byabasthapika· Sabha, Karyyapalika and other holders of offices of the Asom Rastrabhasa Prachar Sarni ti to a Board. · ·

Whereas- it is expedient to provide for the temporary transfer of the managem~mt and control of the affairs of the Asom Rastrabhasa .Prachar Samiti from the Byabas- thapika Sabha, Karyyapalika aha other holders of .the offic.es of the Asom Rastrabhasa Prachar Samiti to a Board. It is hereby enacted in the Thirty-fifth Year of the Republic of fndia as follows :-

1. (i) This Act may be called the Asom Rastrabhasa Pra-char. Samiti (Takim~- ov,er of Management and Control) Act, 1984: .

(ii) It shall ex tend to all the areas over which the Asom Rastrcabhasa P rachar Sarni.ti had its jurisdiction immediately oefore the· commencement of this Act. .... 1

(iii) It shall be deemed to hav:e come into force on the 1st day of October, 1984.

Dc fiDiticns. 2. In this !Act•:-

(a) "Board" means the Asam Rastrabhasa Prachar Board constituted under Section 3 of this Act. t

(b) "Byabasthapika Sabha" means the General Council constituted under Section 9 of the Bidhan of the Asom Rastrabhasa Prachar Samiti . .

(c) "Karyyapalika" means the Executive Committee constituted under Section 10 'of the Bidhan of the Asam Rastrabha:s.a Prachar Samiti.

· (d) "Samiti" means the Asom Rastrabhasa Prachar Samiti, an institution registered under the Societies Registration Act, 1860 (Act XXI of 1.860) and bearing Registration No. 18 of 1951-52.

(e) "Government" means the State Government of ' Assam .. 1 •

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" THE ASSAM GAZETTE. EXTI{AORDINARY, DEC. 15, 1984 1723

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(f) "Mantri" means the Mantri (General Secretary) of the Samiti as defined under Section 20 of the Bidhan of the Asam Rastrabhasa Prachar Samiti.

(g) "Pradhan Sachib" means the Pradhan Sa~hib under Chapter-II of the Samiti as specified in Section 2(ka) of Karmi Seva "Acharan Bidhi" of the Samiti which was in force immediately be- fore' the commencement _of this Act. /

Constitution 3. (1) The Government shall constitute a Board to be an~ inc7ro· called the Asom Rastrabhasa Prachar Board for the pur- ~~= oRth~ pose of taking over the management and control of the t rabbasa ; ; ,,. samiti consisting of not more than '13 members :

c:hlll" Board.

Provided that if the Board. is constituted with less¹ t han 13 members, the Government may at any time, appoint such other member or members as. may be con- sidered necessary, the totai number of members of the .Board not exceeding 13, excluding the Secretary: . Provided further that the Board may exercise all powers and duties under this Act notwithstanding that the number of members of the Board is at any time less than the total permissible strength of 13.

(2) The Board shall be constituted with the following persons:

PRESIDENT :-

(a) The Chief Minister. Assam, VICE-PRESIDENT _:-

(b) The Education Minister, Assam.

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MEM·BERS:-

(c) Secretary to the Government of Assam, Education Department . .

(d) Director of Public Instruction, Assam. .

(e) Secretary' to the Government p.f Assatn, Finance Department.

(f) 3 (three) persons with outstanding contribution to Hindi to be nominated by the President.

(g) The Managing Direct.qr, iAssam t.rext tBook Corporation.

(h) 4 (four) representative members belonging to ethnic and religious groups as may be nominated

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1724 THE·ASSAM GAZETTE. E XTRAORDlNAH. . DE..; . 15 .~24 A(~ointment .(4) The President shall appoint an officer of the Assam 0 eaetary. Civil Service. Senior Grade, as Secretary of the Board. Transfer of 4. (1) On the constitution of the Board under the prece- the mandage- ding Section all the executive bodies/Sub-Committees rnent an . . ~

co11 trol over consti~uted under Sect~~ns 9, 10, 11, 1~, 13, i.4 and 15 of affairs of the the B1dhan of the Sam1ti shall stand dissolved and all the Sall!iti and offic€ bearers of the Samiti and all other persons holding ~~stif; ~te;e- any office immediately before consti~ution of the Board Board. shall be deemed to have vacated their offices and the management of and control over all the affairs of the Samiti shall stand transferred to and vested in the Board; and all properties movable and immovable including all sums of money and all rights., powers and privileges of the Samiti which immediately before the commencement of this Act belonged to the Samiti or any other Committee or persons holding office herein-before mentioned, shall for the purpose of such management and control, vest in the Board.

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(2) All employees of the Samiti shall be deemed to be the employees of the Board and shall be entitled to such emoluments as were admissible to them immediately before. the commencement of this Act.

Provided that-

(1) The Board may with prior approval of th~ Govern · ment make any addition or alterati¹m of the emoluments and conditions of service of the em- ployees; and

(2) Any appointment to any post of the Board mini- mum of pay scale of wpich is Rs. 750 p.m. or above shall be done only with prior approval of the Government.

Preparatio.n 5. (1) Notwithstandin_g anythin_g contained in the prece- i~d ;u~~~!: din_g section the office bearers <;>f the Samiti functioning ~e~~s and as such immediately before the commencement of this Act penalty fo~ shall prepare a statement in relation to all . matters of the ' non-compha· Samiti which such officers were required to deal With

ueo. immediately before the commencement 'of this Act and submit the same within a period of fifteen days from the date of commencement of this. Act or within such extended time ·as may be specified by the Government from time to time, to the Board or when no Board has been constituted · in the meantime, to any officer appointed by th-e Govern- ment in thi,s behalf.

(2) If. any person without any reasonable excuse, knowingly and wilfully, makes default in complying with the requirement of the pr€ceding sub-section, he shall be

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THE ASSAM GAZETTE, ;EXTRAORDINARY, DfC· 15,' 1984 1725

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punishable with imprisonment which may extend to three months or fine which may extend to one thousand rupees or with both .

Delivery cf 6. (1) Notwithstandinrr . anything contained in Sectio,n 4 Books of ""

Accounts, of this Act, the office bearers of the Samiti functioning as R egisters, such immediately before the commencement of this Act and . pro- and any other person in custody of any Books of Accounts., perm ~ c!c . R · t d th d t d t' f d and p n .alty eg1s ers, recor s, o er acumen s an proper ies o an · for noti-com-relating to the Samiti, shall, to enable the Board to exercise r liance. the power of management and control effectively, hand-

over such custody to the Board within a period of one

week from the date of constitution of the Board or within

such extended time as may be allowed by the Government

if considered necessary.

Duties uf th e

Board.

(2)' If any person,' without any reasonable excus,e,

knowingly and wilfully makies default in complying with

the requirements of the pr€ceding sub-section, he shall be

punishable with imprisonment which may extend to six

months or with fine w hich may extend to two thousand

rupees or with both.

7. (1) The Board shall take all such steps as may be necessary for the purpose of effective exercise of the powers of management and control over the affairs and properties of Sarni ti.

(2) The Board may also perform such other duties as were the dut ies of the Samiti immediately before the commencement of this Act hi such manner as. may be prescribed.

(3) The Board may form such number of Commi- tees or sub-committees to assign differ ent functions of the Board .- with such powers, function and number of memb,ers as m ay b~ determined by the Board. ( 4) The Board shall have all powers for the advancement of the objects of the Samiti. Power of tie

Board. 8. '(1) The Board shall have all the powers which the Committees and persons specified in Section 4 of this Act, h ad exercised immediately before the commencement of

this Act and all such powers shall subject to the sub-

section (Z) below be exercised in the manner- prescribed.

(2) The powers which were exercisable by the Mantri and Pradhan Sachib immediately before the com- ~ mencement of this Acj shall be exercisabl~ by the Secre- tary of the Board. · ·

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1726 THE ASSAM GAZETTE. EXTRAORDINARY, DEC. '15: 1984 P«?wcr.to give 9. The Government may give to the Board such di- ~~cBt~~~~ torections as may be deemed fit and necessary in perfor-

" • ming the duties and exercising the Powers of the Board under this Act and the Board shall carry out such direc- tions. .

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Creation· of 10. The Board shall .create and maintain in the the Fund. manner prescribed a fund to be called Asom Rastrabhasa Prachar Board Fund into which shall · be paid all receipts and income of the Board and .out of which shall be met all expenses and disbursement of the Board :

(i) Provided that all the money in the fund of the Samiti shall stand transferred to the fund created under this section. and

(ii) The fund shall be subject to regular audit of the examiner of Local Ac.counts.

Budget ofthe 11. (1) The Board shall prepare budget within a Board. period of one month froni the date of first constitution of the Board for the remaining period of the current finan- cial year and shall · submit the same to the Government for approv.al and the Government may approve the same with such modification as m~y be deemed fft oi:- without any modification. · .

Power to

1upcr;cdc

tho 'Boar.d.

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(2) . For succeedin.££ financial \ year the Board shall prepare the Budget vvithin 15th day of February imme- diately preceding the commencement of the financial . year for which the Budget is to be prepared and submit to the Government for approval.

(3) The Government shall approve the budget with or without modification.

(4) The budget shall have effect as approved by the · Government.

12. (1) If the Government is of the opinicm that the Board is unable to perform, or tias persistently ,made default J n the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, the Government may, by notification, supersede the Board for such period as may be specified in the notification-: . ,,.. Provided' that before issuing a notification under this sub-section, the Government shall give a reasonable time to the Board to show cause why it should not be super- · se.ded and shall consider .the explanation and objections, if anv of the Boarq.

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THE ASS,AM GAZETTE, EXTRAORDINARY, DEC." 15, 1984 1727

(2) Upon the publication of the Notification under sub-section (1) superseding- the Board:-

. (a) all the members of the Board shall, as from the date of ,supersession vacate their offices as sµch members; ·

(b) all the duties and powers of the Board under this Act shall. during the period of supersession, be· performed and exercised by such person as the Government may direct ; and

(c) all property vested in the Board shall, during the · period of supersession, vest in the Government.

(3) The Government may,-

(a) extend the period\ of suoersession for such further term as it may consider necessary; or

(b) reconstitute the Board at any time in lthe manner ~ provided in · Section 3 of this Act. Condition of 13. (1) A member of the Board may resign his offfice membership by gi.ving notice in writing to the Government and· shall, ef the Board. on such resignation being accepted by the Governme~t be deemed to have vacated his office.

(2) The teri:n of office of each member of the Board shall be such as may be specified in the Notification cons- tituting the Board. not being ~ore than three years :

Provided that the Government may change the com- oosition of the Board at any time before the expiry of the term of the office cif the members.

(3) A casual vacancy in the office of a member of the Board shall be filled by fresh nomination by the Government and the new member so nominated to fill the vacancy shall hold office only for the remainder of the term for which the member · whose place is filled was nominated.

Validity of 14. No act of the Board sl'>all be deemed to be invalid act~ of the merely by reason of any vac ,.1cy in or any defect in the Board n?t to constitution of the Board.

be questioned

by rc11.1on of ·

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(2) No suit or other legal proceeding shall be against the Government, the Board or any member thereof for any damage caused or likely to be caused by anything ' which is in good faith done or intended to be done in pur- suance of this Act. ·

Power to 16. The Board may with prior approval of the make Rule•. Government make rules for implementation of the provi- sions of this Act.

P ower ofthe 17. The Board may, with prior approval of the Boa:d R

10 Government make Regulations not inconsistent with the ~ti~~s. egu- provision of this Act for all or any of the following pur- poses namely:-

(a) The manner in which meetings-of the Board shall be convened, quorum :for the transaction of busi- ness there at and procedure at such meetings ;

(b) The appointments of such officers and servants as may be necessary for the purpose of perfor- ming the duties and exercising the powers of the Board and their terms and conditions of service. Overriding 18. (1) The provisions of this Act and the ruleS"

etfrct of th,, framed thereunder shall have effect notwithstanding any- Act. thing- contai.ned in the Societies Regfatrartion Act, 1860 or in the Bidhan of the SaIT1iti.

Repeal.

Repeal a nd

Sa"'.tngs.

(2) Durin:;i; the period this Act is in force no mem- ber of the Board shall exercise any rig-ht under Section 13 of the Societies Registr~tion Act, 1860.

19. The Bidhan of Asam Rastrabhasa Prachar Samiti is hereby repealed.

20. tl) The Asam Rastrabhasa Prachar Samiti ing over of Management and Control) Ordinance, (Assam Ordinance No.IV of 1984) is hereby repealed. (Tak-

1984

(2) Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corres- ponding provisions of this Act.

MD. SAADULLAH,

Secretary to the Govt. of Assam, L~gislative Department:

- - · - - - -- -- -- - --- - -- -- - -· GUAWHATI -Printed l nd p!!blished by the Supdt. i/c-. A⁰

snm Govt. Printing Press (Ex-Gazette) No. 'l43- l ,G80-300-!5-J2-1984 .

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