The ASOM RASTRABHASA PRACHAR SAMITI (TAKING OVER OF MANAGEMENT AND CONTROL) ' ACT. 1984

Rec:istered No. A·12 
The Assam Gazette . 
• 
QJfl~Cf 
BXTRA.OBDINARY , 
. ~ ~-~~~ ~ 
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 DEPARTME NT : LEGISLATIVE BRANCH 
J 
/ 
.NOTIFICATION 
The 15th Decemb er 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. 
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 
Prea mble. 
Sho;:t title, 
extent and 
commence­
ment. 
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 . · · 
Wherea s- it is expedi ent 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 Rastr abha sa Prachar Samiti to a Board . 
It is hereby enacted in the Thirty-fifth Year of the 
Republic of fndia as follows :-
1. (i) This Act may be called the Asom Rastrabhasa 
Pra-char . Samiti (Takim~- ov,er of Management and Control) 
Act, 1984: . 
(ii) It shall ex tend to all the areas over which the 
Asom Rastrcabhasa P rachar Sarni.ti had its juri sdiction 
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 fiDiticn s. 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 Gove rnment of ' 
Assam .. 1 • 
- \ 
• • 
" THE ASSAM GAZETTE. EXTI{AORDINARY , DEC. 15, 1984 1723 
I 
(f) "Mantri" means the Mantri (General Secretary) of 
the Samiti as defined under Section 20 of the 
Bidhan of the Asam Rastrabhasa Prachar Samiti. 
(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 13, 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. 
.. 
1724 THE·ASSAM GAZETTE. E XTRAO RDl NA H. . DE ..;. 15 .~24 
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 1m 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 Samit i 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 
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 
rup ees 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 egist ers, such immediately befo re the commencement of this Act 
and . pro- and any other person in custody of any Books of Accounts., 
p erm ~ c!c. R · t d th d t d t' f d and p n .alty eg1s ers, recor s, o er acumen s an proper ies o an 
· 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 . 
Duties uf th e 
Board. 
(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 impri sonment which may extend to six 
months or with fine w hich may extend to two thousand 
rupees or with both . 
7. (1) The Board shall take all such steps as may be 
neces sary for t he pur pose of effective 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 immedia tely before the 
commencement of thi s Act hi such manner as. may be 
prescri bed. 
(3) The Board may form such number of Commi­
tees or sub -committees to assign diffe r ent functions of 
the Board .- with such powers, function and number of 
memb,ers as m ay b~ determined by the Board. 
( 4) The Board shall have all powers for the 
advancement of the objects of the Samiti. 
Power of tie 
Board. 8. '(1) The Board shall have all the powers which the 
Committees and persons specified in Section 4 of this Act, 
h ad exercised immediately before the commencement of 
this Act and all such pow ers shall subject to t he sub­
section (Z) belo w b e exercised in the manner- prescrib ed. 
(2) The powers which were exercisable by the 
Mantr i and Pradhan Sachib immediately before the com­
~ menc ement of this Acj shall be e xercisabl~ by the Secre­
tary of the Board. · · 
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. · . 
Power to 
1upcr;cdc 
tho 'Boar.d. 
- / -
(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. 
12. (1) If the Government is of the opinicm that the 
Board is unable to perform, or tias persistently ,made 
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. 
·, 
.. . 
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 tlJe anything which is in good· faith done or intended to be 
Act. done in pursuanc e . of this Act. 
\ 
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 
Boa:d R 
10 
Government make Regulations not inconsistent with the 
~ti~~s. egu- provision of this Act for all or any of the following pur-
pos es 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" 
etfr ct of th,, framed thereunder shall have effect notwithstanding any­
Act. thing- contai.ned in the Societies Regfatrartion Act, 1860 or 
in the Bidh an of the SaIT1iti. 
Repeal. 
Repeal a nd 
Sa"'.tngs. 
(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. 
19. The Bidhan of Asam Rastrabhasa Prachar Samiti is hereb y repealed. 
20. tl) The Asam Rastrabhasa Prachar Samiti 
ing over of Managem ent and Control) Ordinance, 
(Assam Ord inance No.IV of 1984) is hereby repealed . 
(Tak-
1984 
(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: 
- - · - - - -- -- -- - --- - - - -- - -· 
GUAWHATI -Printed l nd p!!blished by the Supdt. i/c-. A0 snm Govt. Printing 
Press (Ex-Gazette) No. 'l43- l ,G80-300-!5-J2-1984 . 
. ' I 

‹ Prev All Assam acts Next ›