The ASOM RASTRABHASA PRACHAR SAMITI  (TAKING OVER OF MANAGEMENT AND CONTROL) ' ACT. 1984
###### Rec:istered No. A·12

### The Assam Gazette .

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QJfl~Cf

###### BXTRA.OBDINARY,

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###### ft111USBED BY AUTllOarrY

 .. ~ 222 ~"..,--, llff~. 15 f~IT.ifif, 1984, 24 ~di. 1906 '(~)

No. 222 Dispur, Saturday, ii.5th December, 1984, 24th Agrabayana;

1906 (S~.)

GOVERNMENT OF ASSAM .

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGISLATIVE J BRANCH

/

.NOTIFICATION

The 15th December 1984

No.LGL.152/84/51.-The following Act of the Assam Legislative
Assembly whic!). received the assent of the Gpvernor is hereby
published for general information.


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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!

I

(TAKING OVER OF MANAG_EMENT AND CONTROL)

' ACT. 1984

###### 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.                 - ·

Preamble. 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 :-

Sho;:t title,

1. (i) This Act may be called the Asom Rastrabhasa

extent and
commence- Pra-char. Samiti (Takim~- ov,er of Management and Control)
ment. 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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(f) "Mantri" means the Mantri (General Secretary) of
the Samiti as defined under Section 20 of the
Bidhan of the Asam Rastrabhasa Prachar Samiti.

###### I

(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

#### ..

a n~ 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 less 1

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 1 3, 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. _.J_

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

1 , by the Government. '

(3) The Board shall be a body corporate having per-

petual succession and a common seal and shall sue and be
sued bv the name of Asam Rastrabhasa P.rachar Board.


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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 . . ~
co11trol 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.

. .

(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 alterati [1]m 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

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.,

pand ermpn . ~ alty c!c. R eg1s · t ers, recor d s, o th er d acumen t s an d proper t' ies o f an d

          - for noti-com-relating to the Samiti, shall, to enable the Board to exercise

rliance. 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.

(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.

Duties uf the 7. (1) The Board shall take all such steps as may be
Board. necessary for t he purpose of effe ctive 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 duties 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-
t ees or sub-committees to assign differ ent functions of
the Board .- with such powers, function and number of

memb,ers as may b~ determined by the Board.

_( 4)_ The Board shall have all powers for the
advancement of the objects of the Samiti.

Power of tie 8. '(1) The Board shall have all the powers which the
Board.
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 t he 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. .

_I_

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.             - .

                                 - /                                 -

(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.

Power to 12. (1) If the Government is of the opinicm that the
1upcr;cdc

Board is unable to perform, or tias persistently ,made

tho 'Boar.d.

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        -

vacancy.

Protection of 15. (1) No suit, prosecution or other le-gal proceeding
action tabn shall lie aga\nst any member of the Board in respect of
under tlJ e anything which is in good· faith done or intended to be
Act. done in pursuance. of this Act.


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1728 THE ASSAM GAZET'l'.E. ~XTRAORDINARY, DEC. 15, 1984

(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

10

Boa:d R 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.

(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.

Repeal.

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

Repeal a nd

Sa"'.tngs. 20. tl) The Asam Rastrabhasa Prachar Samiti (Tak-

ing over of Management and Control) Ordinance, 1984

_(Assam_ Ordinance No.IV of 1984) is hereby repealed.

(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:

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GUAWHATI -Printed l nd p!!blished by the Supdt. i/c-. A [0] snm Govt. Printing

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

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