The Salar Jung Museum Act, 1961 (Act no. 26 of 1961) dated 19th May, 1961 was being the Central Government Act, enacted for the purpose of declaring Salar Jung Museum along with Salar Jung Library at Hyderabad as the institution of National Importance and also this Act should provides for administration thereof. The Act was brought into effect on 1st July, 1961 by the Central Government.
Section 2 is important so far as the purpose of the Act is concerned where Salar Jung Museum and Salar Jung Library at Hyderabad in the State of Andhra Pradesh is declared as institution of national importance. And section 3 defines several terms in the Act which are being used under the provisions of the Act.
The Act under its second Chapter, deals with provisions as to establishment of the Board and other relevant provisions thereof. Section 4 therein specifically, deals with establishment of Board namely, Salar Jung Museum Board, which is a corporate body having similar features of registered company including perpetual succession, common seal, etc. Such Board is prohibited in respect of any sale or otherwise treating any Article or things which are scheduled in the Part I and II of the Act. The composition of such Board is given under section 5 of the Act, where Governor of the State of Andhra Pradesh is authorized as Chairman, Secretary to the Government of India in the Ministry, concerned with matters relating to the Museum and other nine officials or persons from respective offices are authorized as members of the Board by nomination by the Central Government. The provisions regarding terms of officers of such members of the Board, temporary absence, are provided under sections 6 and 7 of the Act. Notably, before nominating any person for membership in the Board, the Government should first have regard to the fact that any of such persons should not have any monitory or other interest in relation to such office. Section 9 of the Act makes provisions as to meeting of the Board. Every orders or decisions which the Board has made should be authenticated by the Signature of Chairman and other members which are authorized by the Board. Similarly, every instruments issued by the Board should be authenticated by the Signature of authorized officer of the Board.
Section 12 of the Act deals with the appointment of officers and other employees as the staffs of the Board, for the efficient performance of its function under this Act. And all other employees or officers who are employed before the Act came into effect, should be transferred to such Board, subject to the provisions of this Act.
The third Chapter under section 15 and 16 of this Act deals with the duties and powers of the Board under this Act respectively. The main duty of the Board under section 15 of the Act is to manage efficiently the Museum and also to plan, promote, etc. the programmes for its development. Along with this the Board is responsible for other duties provided under this provision. Further, so far as the powers of the Board is concerned section 16 is providing for the same. Further, another chapter i.e. Chapter IV of the Act makes provisions as to grants by Central Government, fund of the Board, budget, accounts and audit, etc.
Similarly, another important chapter is Chapter V, which is providing miscellaneous provisions under this Act. Section 23 of the Act empowers the Central Government as to issuance of directions to the Board while it is discharging its functions under this Act. However, the Board is also entitled to give its view before such directions are issued. Section 24 says that the Board can delegate its powers or duties to the members, officers or employees of the Board by an order made that behalf. And such officers and employees of the Board should be public servants. And for any acts done in good faith or in pursuant with the provisions of this Act or Rules or even with regulations under this Act, by the Board or any member, officers, etc. thereof, a protection is given that no legal proceedings or suits should be instituted for such actions.
The Central Government is empowered to make rules inconsistent with the Act and to effect the provisions thereof. And such rules should also be made by that Government on the matters provided under sub section (2) of the section 27 of the Act. Similarly, the Board is empowered under section 28 of the Act in respect of making regulations with the prior approval from the Central Government. Such regulations should be inconsistent with the provisions of this Act and rules made under it. Such regulations should also provide for the matters enlisted under the different clauses of section 28 of the Act.
by Faim Khalilkhan Pathan.