Maharashtra · Act 3 of 1909

Section 3 — Constitution and powers of the Board.

The Chhatrapati Shivaji Maharaj Vastu Sangrahalaya Act, 1909 and.

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(1) There shall be constituted for the purposes of this Act a permanent Board of Trustees to be called "The Trustees of 1[the Chhatrapati Shivaji Maharaj Vastu Sangrahalaya]" and such Board (hereinafter called "the Board") shall be a body corporate with perpetual succession and a common seal and in the name of "The Trustees of 2[the Chhatrapati Shivaji Maharaj Vastu Sangrahalaya]" shall sue and be sued and shall have power to 3[acquire and hold immovable or moveable property, to let on hire, lease or mortgage any immovable property vesting in them] to enter into contracts and to do all acts necessary for and consistent with the purposes of this Act:

4[Provided that the Board shall not have power to mortgage any land specified in the Schedule which is included within lines drawn parallel to and at a distance of twenty feet from, above the plinths of the front corner towers of the present Museum building and extending from the Rampart Row boundary to the Esplanade Road boundary which area contains by admeasurement 14,606 square yards, be the same a little more or less and is for greater clearness delineated on the plan referred to in Section 2 of the Prince of Wales Museum (Amending) Act, 1913 (Bom. VII of 1913) or any building thereon.]

(2) The Board shall consist of the following members, namely :-

5* * * * * * * *

(b) the Collector of Bombay, V

6[(b-1) the Director of Art, Maharashtra State;]

7[(c) the Dean, Sir Jamsetjee Jeejeebhoy School of Art;]

8[(c-1) the Director, Archaeology and Museum, Maharashtra State;]

9[(d) the Superintendent, Department of Archaeology, Western Circle;

(dd) the Superintendent, Department of Archaeology, South-Western Circle;]

(e) such two members of the Municipal Corporation of the City of Bombay as shall from time to time be elected by the said Corporation in accordance with such regulations as may from time to time be made in this behalf by the said Corporation:

Provided that the election shall be by 10[ballot ;]

11[(f) three other persons be nominated by the 12[13[State] Government] ;]

14[(g) so long as the collection installed in the Museum by the Bombay Natural History Society remains in the Museum, two other persons to be nominated by the Managing Committee of the Bombay Natural History Society;

(h) so long as the loan collection of the Bombay branch of the Royal Asiatic Society remains in the museum, one other person to be nominated by the Bombay branch of that Society;

15[(hh) one other person elected at a joint meeting of the Trustees of the Sir Dorabji Tata Trust constituted by a trust deed dated the eleventh day of March 1932 and of the Trustees of the Sir Ratan Tata Charities constituted by the will and codicil of Sir Ratan Tata dated the twenty-first day of March 1913 and the twenty-ninth day of February 1916, respectively by a majority of votes of the Trustees present and voting at such meeting, the Chairman of such meeting having a casting vote in the case of an equality of votes;]

(i) one other person to be nominated by the Syndicate of the University of Bombay; and

(j) four other persons to be nominated by the Board, if the Board so desire, for such period as the Board may consider desirable.]

(3) In the case of ex-officio members the person for the time being performing the duties of any of the offices mentioned in sub-section (2) shall act as a member.

(4) All acts done by a majority of the members present and voting at a meeting of the Board shall be deemed to be acts of the Board.

(5) No act of the Board shall be deemed to be invalid merely by reason of any vacancy in or defect in the constitution of the Board.

(6) The Board may appoint a person to act as their Secretary.

(7) Orders for the payment of money on behalf of the Board shall be deemed to be sufficiently authenticated if signed by two members and countersigned by the Secretary.

Source footnotes

1. These words were substituted for the words "The Prince of Wales Museum of Western India", by Mah. 25 of 2001, s. 5(a).

2. These words were substituted for the words "The Prince of Wales Museum of Western India", by Mah. 25 of 2001, s. 5(a).

3. These words were substituted for the words "hold and acquire property" by s. 2(a) of the Prince of Wales Museum (Amendment) Act, 1921 (Bom. 6 of 1921).

4. This proviso was added by Bom. 6 of 1921, s. 2(b).

5. Clause (a) was deleted by Mah. 18 of 1962, s. 2. Section 3 of the said Act reads as follows :-

"3. Saving.- The omission of the Director of Industries from the Board of Trustees called "The Trustees of the Prince of Wales Museum of Western India", a body corporate constituted under section 3 of the principal Act, shall not affect the constitution or powers of the Board and all acts and powers of the Board as constituted immediately before the commencement of this Act, shall be deemed to be the acts and powers of the Board as constituted on the commencement of this Act.".

6. Clause (b-1) was inserted by Mah. 19 of 1967, s. 2(a).

7. Clause (c) was deemed to have been substituted by Mah. 19 of 1967, a. 2(b), with effect from 24th October 1950.

8. Clause (c-1) was substituted by Mah. 25 of 2001, a. 5(b).

9. These clauses were substituted for clause (d) by Bom. 44 of 1954, s. 2.

10. This word was substituted for the words "open vote, and" by Bom. 12 of 1922, s. 2.

11. This clause was substituted, by Bom. 12 of 1922, s. 2.

12. The words "Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

13. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

14. These clauses were inserted by s. 2 of the Prince of Wales Museum (Amendment) Act, 1922 (Bom. 12 of 1922).

15. Clause (hh) was inserted by Bom. 19 of 1933, s. 2.

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Next · Section 3ATerm of office: election and appointment of new members if a vacancy. →All sections / सभी धाराएँThe Chhatrapati Shivaji Maharaj Vastu Sangrahalaya Act, 1909 and. →
More sections of this actSection 1 · Short title and commencement.Section 2 · Property vested in the Board.Section 3A · Term of office: election and appointment of new members if a vacancy.Section 3B · Power of Board to lend, exchange, sell or destroy articles in collections.Section 3C · Power of Board to keep collections not belonging to them.Section 4 · Officers and servants to be public servants.Section 5 · Rules.Section 6 · Powers to borrow from Central or State Government or person.
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