(1) This Act may be called The Bihar Research Society (Taking Over) Act, 2007 ;

(2) it shall extend to the whole of the State of Bihar;

(3) It shall come into force at once from such date which the State Government, by notification in the official gazette, may fix.

In this Act unless the context otherwise requires

(a) Bihar Research Society means Bihar Research Society (A research and publication Wing of Patna Museum, Patna) situated in the Patna Museum building;

(b) Department means-Art, Culture and Youth Department, Bihar, Patna;

(c) Directorate means-Directorate of Museums, Bihar, Patna;

(d) Director means-Director, Museums, Bihar, Patna;

(e) Controlling Officer means-Office Head, Patna Museum, Patna;

(f) Notified Order means-an order of the Department notified in the Official Gazette under this Act;

(g) Prescribed means-prescribed by the Act and Rules made under this Act.

(1) From the date of commencement of Act, the legal status of Bihar Research Society as an autonomous body registered under the Societies Registration Act, 1860; shall be ceased;

(2) From the date of commencement of the Act, the Bihar Research Society shall be taken over by the State Government and shall be vested absolutely under the Department of Art, Culture and Youth of the State Government as a Research and Publication Wing of Patna Museum;

(3) All the assets and liabilities of Bihar Research Society and its Executive Committee/General Council/Advisory Body/Association, whether movable or immovable including lands, buildings, store, instruments and equipment, machinery, vehicle, furniture, cash balance, Bank deposits and all books/manuscripts/xylographs and other shall, on the date of taking over, stand transferred to and vested in the Patna Museum, Patna under the control of State Government free from all encumbrances;

(4) The Department shall, by notice in writing require any person in possession of any property of Bihar Research Society which is vested under the provisions of the Act of the State Government to surrender possession of same immediately to the State Government and if a person refuses or fails to comply with any such notice, the Department may enter upon and take possession of the same;

(5) On the request of the Department, the District Magistrate, Patna shall render such assistance, as may be necessary, for enforcing compliance with the order of the Department, under sub-section (4) of this Section.

The Department shall take necessary action to either surrender/adjust the post of the Directorate or create need-based minimum new posts as per requirement for effective and better conduction and management of Bihar Research Society (Research and Publication Wing of Patna Museum) under this Act.

(1) From the date of the notified order, all previously employed regular members of staff in Bihar Research Society shall be treated as employed on ad hoc basis in the Bihar Research Society (Research and Publication Wing of Patna Museum), till a decision is taken for the final adjustment by the State Government;

(2) The State Government will set-up a screening or verifying Committee to determine the services of employees of Bihar Research Society. This committee will examine the appointment procedure, recommendation of competent authority (i.e. recommendation or approval by the Executive and General Body of Bihar Research Society), appointment letter, service-history, applications/documents of claim for appointment of working employees of Bihar Research Society and will review the same. The committee will submit the report to the State Government within a time frame (maximum 90 days);

(3) The State Government, on receipt of the report of the committee, will consider case of each member of staff of Bihar Research Society separately in the merits of the case, whether to absorb a particular employee in Government service or whether to terminate his service or to allow him to continue on an ad hoc basis for a fixed term or on contract and shall be, where necessary, redetermine the rank, pay, allowance and other conditions of service;

(4) The service of previously regular appointed employees in Bihar Research Society shall be adjusted to Government service in accordance with relevant rules and regulations on the recommendation of the Department and on the approval of competent authorities (i.e. Personnel and Administrative Reforms, Finance and Law Departments).

(1) By the notified order, Department may constitute an Advisory Committee for guidance of all development, research, publication and educational activities of Bihar Research Society;

(2) The number of members and tenure of Committee shall be determined by the Department;

(3) The Advisory Committee will render its suggestion only in development, research and publication and other educational area of activities of Bihar Research Society.

No suit, prosecution or any legal proceedings shall lie against the State Government or any Officer or employee of the State Government for anything which is done or intended to be done in good faith under the Act.

The State Government may, by notification in the Official Gazette, make Rules for carrying out the purpose of this Act.

1. Published in Bihar Gazette (Ex-Ord.) dated 1.2.2008.