The Manipur Public Library (Taking Over of Management) Act, 2015

(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.

In this Act, unless the context otherwise requires :- (a) "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; (c) "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 (f) "State Government" means the Government of Manipur.

(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 privileges 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.

(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 before the commencement of this Act shall be deemed to have terminated or vacated their offices, as the case may be, on such commencement. (2) Notwithstanding anything contained in this section, all the property belonging to the Manipur Public Library shall stand transferred from the commencement of this Act and shall be deemed to have been vested in the State of Manipur absolutely and free from all encumbrance, trust, power or obligation of any kind or nature whatever: Provided that the State Government shall not be liable for any act done by any person without the approval of validly elected management committee of the Manipur Public Library Society.

(1) The State Government may appoint any person as the 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 manner as may be prescribed. (2) The State Government may also appoint one or more person(s) as additional custodian or deputy custodian for assisting 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 shall 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.

(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.

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.

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.

The provision of this Act shall have effect notwithstanding anything inconsistent 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.

(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,-- (a) the manner of management of the library by the custodian under sub-section (1) of section 5;

Every rule made under this Act shall be laid as soon as may be after it is made, before the House of the Manipur Legislative Assembly while it is in session for a period of fourteen days which 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.