The Mahatma Phule Vastu Sangrahalaya, Poona, Act, 1968

GOVERNMENT   O F  M AHARASHTRA
LAW AND JUDICIARY DEPARTMENT
MAHARASHTRA ACT No. XVIII
OF 1968
THE MAHATMA PHULE VASTU
SANGRAHALAYA, POONA,
ACT, 1968
(As modified upto the 7th November , 2012)
PRINTED IN INDIA BY THE  MANAGER,  GOVERNMENT PRESS AND  BOOK DEPOT,  NAGPUR
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004.
2013

1968 : Mah. XVIII]
THE MAHATMA PHULE VASTU SANGRAHALAYA, POONA, ACT, 1968
CONTENTS
————————
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Aims and objects.
4. Members of the Museum.
5. Meeting of general body of members of the Museum.
6. Constitution of the Board.
7. Term of office.
8. Quorum.
9. Acts of Board not invalid by reason of vacancy, etc.
10. Power to appoint committees.
11. Property vested in Board on trust.
12. Power of Board to lend, exchange, sell, present or destroy articles in collections.
13. Further power of Board.
14. Power of Board to borrow.
15. Power of Board to make by-laws.
16. Secretary and staff.
17. Officers and servants of Board to be public servants.
18. Contribution by Municipal Corporation of City of Poona.
19. Expenditure.
20. Audit.
21. Inspection of Museum.
22. Rules.
23. Repeal and saving.
MAHARASHTRA  ACT No.  XVIII OF 19681
THE MAHATMA PHULE VASTU SANGRAHALAYA, POONA, ACT, 1968.
[ 11th June 1968 ]
Amended by Mah. 63 of 1977.
Amended by Mah. 27 of 2005 (19-5-2005)*.
An Act to extend the activities of the Museum at Poona under the name of the
Mahatma Phule Vastu Sangrahalaya, Poona,  and to make better provision for the
management and maintenance thereof.
WHEREAS, it is expedient to extend the activities of the Museum now known as
the Lord Reay Maharashtra Industrial Museum at Poona, and to rename it as the
Mahatma Phule V astu Sangrahalaya, Poona,  and to make better provision for the
management and maintenance thereof and to provide for matters connected with the
purposes aforesaid ; It is hereby enacted in the Nineteenth Year of the Republic of
India as follows :—
Preliminary
1. (1) This Act may be called the Mahatma Phule Vastu Sangrahalaya, Poona,
Act, 1968.
(2) It shall come into force on such 2date as the S tate Government may , by
notification in the Official Gazette , appoint.
2. In this Act, unless the context otherwise requires,—
(a) “ Board ” means the Board of Trustees constituted or deemed to be consti-
tuted under this Act ;
(b) “ prescribed ” means prescribed by rules made under this Act ;
(c) “ Museum ” means the Mahatma Phule V astu Sangrahalaya, Poona.
Objects and Membership
3. (1) The aims and objects of the Museum shall be—
(a) to serve as an educative institution for the general public, with a view to
illustrating—
(i) the various branches of science, and in particular their application to
industry, agriculture and commerce;
Short tittle
and
commence-
ment.
Definitions.
Aims and
objects.
1For Statement of Objects and Reasons See Maharashtra Government Gazette,  1968, Part V Extra,
Page 91.
*This indicates the date of commencement.
215th August 1968, vide G.N., L. & S. W. D., No. MSM. 1665-Q, dated 19th July 1968.
(ii) the history , the arts, the culture, and the social and economic develop-
ment of Maharashtra, and the relation thereof to the rest of India and to other
countries;
(b) to show by means of exhibits, machines, models, pictures and charts, the
origin, development and modern practice of each branch of science and its applica-
tion to industry , agriculture and commerce ;
(c) to show , by means of exhibits, ancient monuments and relics, figures of
deities, coins, instruments of war , instruments of music, vessels and untensils used
in religious or social ceremonies, implements of local art and manufacture and such
other related exhibits, the history , the arts, the culture, the standards and modes of
living, the natural resources, industries, agriculture and social, economic and cul-
tural developments of Maharashtra, supplemented with such other collections as
are conducive to the understanding and interpretation of the material in the collec-
tions and, wherever necessary , by exhibits showing their relations to similar objects
and articles from other parts of India ;
(d) to maintain a library including cinematographic films, lantern slides and
photographs ;
(e) to arrange, hold and undertake lectures, demonstrations and tours, with a
view to promoting interest in industrial development and in history , arts, culture,
and social and economic development of Maharashtra ;
(f) to organise and help in organising industrial and other exhibitions in respect
of the matters enumerated in clauses ( a) to ( c) above ;
(g) to organise and help in organising a commercial empourium ;
(h) to popularise the products of industries and handicrafts of Maharashtra in
particular and of India in general ;
(i) to undertake and do all such works and to do all such things as may be
necessary for , or conducive to, the attainment of any of the aforesaid aims and
objects.
(2) The Museum shall have a separate Industrial Section, which shall be called
“ the Lord Reay Industrial Section ”.
4. (1) The members of the Museum shall consist of the following classes:—
(i) Benefactors, that is to say , those who pay or have already paid to the Board
Rs. 1,00,000 or more, in cash or otherwise ;
(ii) Associate Members, that is to say , those who pay or have already paid
Rs. 25,000 or more but less than Rs. 1,00,000 in cash or otherwise ;
(iii) Patrons, that is to say , those who pay or have already paid Rs. 5,000 or
more but less than Rs. 25,000, in cash or otherwise ;
(iv) Life Members, that is to say , those who pay or have already paid Rs. 500 or
more but less than Rs. 5,000, in a lump sum ;
Members
of the
Museum.
2 Mahatma Phule Vastu Sangrahalaya, [1968 : Mah. XVIII
Poona, Act, 1968
(v) Donors, that is to say , those who pay or have already paid Rs. 100 or more
but less than Rs. 500, in a lump sum ;
(vi) Ordinary members, that is to say , those who pay Rs. 10, annually :
Provided that, in the case of a person desiring to become a Benefactor , Associate
Member or Patron, if the required amount is proposed to be paid in cash, it shall be
payable to the Board in a lump sum or in not more than five instalments spread over
a period not exceeding two years from the date of payment of the first instalment, and
if the donation is proposed to be made otherwise than in cash, the Board shall have a
right to accept or reject the exhibits or materials proposed to be donated, without
assigning any reason, and to determining the value thereof and to allot a suitable class
of membership to the donor , provided all exhibits and materials are handed over to the
Board within a period of two years from the date on which the offer is accepted by the
Board.
(2) No person shall be debarred from becoming a member of the Musuem by
reason of his religion, race, caste, sex or place of birth.
5. A meeting of the general body of the members of the Museum shall be called
by the Board every year , at such time and place as may be prescribed.
Board of T rustees
6. (1) There shall be constituted for the maintenance and management of the
Museum, and for carrying into ef fect the other purposes of this Act, a Board of
trustees. The Board shall be a body corporate by the name of “ The Trustees of the
Mahatma Phule V astu Sangrahalaya, Poona ” and shall have perpetual succession
and a common seal, and shall have power to acquire, hold and dispose of property ,
and to enter into contracts ; and may by the said name sue and be sued.
(2) The Board shall consist of—
A. The following members, ex-officio,—
(i) the Revenue Commissioner, Poona Division, who shall be the President of
the Board ;
(ii) the Director of Art ;
1[(iii) the Director of Archaeology and Museum ;]
(iv) the Director of Education, and if he is unable to attend his nominee not
below the rank of Deputy Director of Education ;
(v) the Director of Agriculture, and if he is unable to attend his nominee not
below the rank of Deputy Director of Agriculture ;
1Clause (iii) was substituted for the original by Mah. 63 of 1977, s. 2.
Meeting
of general
body of
members
of the
Museum.
Constitu-
tion of
the Board.
1968 : Mah. XVIII] Mahatma Phule Vastu Sangrahalaya, 3
Poona, Act, 1968
(vi) the Chief Conservator of Forests, and if he is unable to attend his
nominee not below the rank of Conservator of Forests ;
(vii) the Industries Commissioner, and if he is unable to attend his nominee
not below the rank of Deputy Director of Industries ;
(viii) the Superintendent of Archaeological Survey of the South-Western Circle.
B. 1[(i) one member of the Maharashtra Legislative Council, residing in the
Pune District, nominated by the Chairman of the Maharashtra Legislative Council ;
(ii) one member of the Maharashtra Legislative Assembly, residing in
the Pune District, nominated by the Speaker of the Maharashtra Legislative
Assembly.]
C. The following four representatives of the Municipal Corporation of the City
of Poona-ex-officio :—
(i) the Mayor, who shall be the Chairman of the Board ;
(ii) the Municipal Commissioner ;
(iii) the Chairman, Standing Committee ;
(iv) the Chairman, Municipal School Board.
D. Such number, as may be prescribed, of representatives of local bodies (other
than the Municipal Corporation of the City of Poona) nominated by the local
bodies, provided such local bodies agree to make a contribution of such amount,
each, as may be prescribed, to the funds of the Museum.
E. The representatives of the members of the Museum as follows :—
(i) all persons who belong to the class of Benefactors ;
(ii) one representative of the Associate Members elected in the prescribed
manner ;
(iii) four representatives from the remaining classes of members elected in
the prescribed manner ;
Provided that, no ordinary member of the Museum shall be eligible to be elected
a representative, unless he has been such a member for not less than 3 years.
F. Two representatives of local commercial and industrial interests, one to be
nominated by the Deccan Agricultural Association, Poona, and the other by the
Mahratta Chamber of Commerce and Industries, Poona :
Provided that, no representative under this clause shall be nominated until the
institute concerned has paid to the funds of the Museum an affiliation fee of
Rs. 300, nor shall continue to be a member of the Board unless the institute pays
to the said funds within the prescribed period an annual subscription of Rs. 100.
4 Mahatma Phule Vastu Sangrahalaya, [1968 : Mah. XVIII
Poona, Act, 1968
1Clauses (i) and ( ii) were substituted for the original by Mah. 27 of 2005, s. 5.
1968 : Mah. XVIII] Mahatma Phule Vastu Sangrahalaya, 5
Poona, Act, 1968
G. (i) The Director, Prince of Wales Museum of Western India, Bombay ;
(ii) The Professor-in-charge of the Department of Ancient Indian Culture of
the University of Poona.
H. One non-official representative nominated by the State Government, being in
the opinion of the Government an expert or having special knowledge in history , art,
archaeology, anthropology or other subjects relating to the collections in the
Museum.
(3) The Board may co-opt not more than three members, each, for such period
not exceeding three years, as it may determine.
7. (1) The members of the Board representing the Maharashtra Legislative Council
and Assembly shall hold of fice, so long as they are members of the said Council or
Assembly, as the case may be. The benefactors shall hold of fice for life. Save as
otherwise provided, the other members (excluding the ex-officio members) shall hold
office for a period of three years.
(2) If an elected or nominated member—
(a) dies or becomes insolvent, or
(b) is absent for more than six consecutive meetings of the Board, or
(c) leaves the State of Maharashtra with the intention of being absent there-
from for more than six consecutive months, or
(d) desires to be discharged, or
(e) refuses to act or becomes incapable of acting,
a new member shall be elected or nominated, as the case may be, in the same manner
as was the member in whose place he is to be elected or nominated, and he shall hold
office for so long only as such member would have held it if the vacancy had not
occurred.
8. (1) When any meetings of the Board is held, the Commissioner , Poona
Division, and in his absence, the Chairman of the Board, and in the absence of both,
a member who is a Government officer and is elected by the members present at the
meeting shall preside.
(2) The quorum necessary for the transaction of business at a meeting of the
Board shall be seven.
9. No act of the Board shall be deemed to be invalid merely by reasons of any
vacancy in, or defect in the constitution of the Board.
10. Subject to the provisions of any rules made in this behalf, the Board may ,
from time to time, by resolution passed at a meeting—
(a) appoint committees of its members for the performance of such functions as
may be specified in the resolution ;
Term of
office.
Quorum.
Acts of
Board not
invalid by
reason of
vacancy ,
etc.
Power to
appoint
Commit-
tees.
6 Mahatma Phule Vastu Sangrahalaya, [1968 : Mah. XVIII
Poona, Act, 1968
(b) appoint advisory committees consisting partly of its members and partly of
other persons, on such terms and for the purpose of advising it on such matters as
may be specified in the resolution.
11. All the property, whether movable or immovable, which at the commencement
of this Act is held by the Board contstituted under the Lord Reay Maharashtra
Industrial Museum Act, 1947, on trust for the purposes of that Museum shall, together
with any such property which may hereafter be given, bequeathed, transferred or
acquired for the said purposes, including contributions, fees and subscriptions, and
property accruing as a result of the exercise of any of the Board’ s powers, shall, by
virtue of this section and without further assurance, vest in the Board on trust for the
purposes of the Museum.
12. Subject to the provisions of any rules or by-laws made in this behalf, the
Board may, from time to time,—
(a) deliver by way of loan to any person the whole or any portion of, or any
article contained in, any collection vested in it under this Act ;
(b) exchange or sell articles contained in any such collection and take or
purchase, in the place of such articles, such other articles as may in its opinion be
worthy of preservation in the Museum ;
(c) present articles contained in any such collection to other museums in India
or elsewhere ;
(d) remove and destroy any article contained in any such collection :
Provided that, nothing herein contained shall authorise the board to lend, exchange,
sell, present, remove or destroy any article when such lending, exchange, sale, presen-
tation, removal or destruction, as the case may be, is precluded by the terms on which
the Board may have received any such article.
13. The Board may , if it thinks fit for the purposes of its trust under this
Act,—
(a) assume the custody and administration of collections which are not the
property of the Board and keep and preserve such collections either in the Museum
or elsewhere ;
(b) subject to any rules made in this behalf, organise courses of instruction in
all or any of the subjects relating to the collections in the Museum and
afford facilities for the sale or exhibition of products of Indian industries and
handicrafts.
14. The Board may, from time to time, borrow or reborrow and take up at interest
from the Central Government or the S tate Government or, with previous sanction of the
State Government, from any person, any sum necessary for the purpose of defraying
Property
vested in
Board on
trust.
Power of
Board to
lend,
exchange,
sell,
present or
destroy
articles in
collections.
Further
power of
Board.
Power of
Board to
borrow.
Bom.
XXX.
II of
1947.
any costs, charges or expenses incurred or to be incurred by it to carry out the
purposes of this Act, or for the purposes of repaying either in whole or in part any
sums hereafter borrowed or owing by the Board.
15. (1) The Board may, from time to time, with the previous sanction of the State
Government, make by-laws, not inconsistent with the provisions of this Act, or rules
made thereunder, for any purpose necessary for the execution of its trust.
(2) In particular , and without prejudice to the generality of the foregoing power ,
such by-laws may provide for—
(a) the summoning, holding and adjournment of meetings of the Board and
procedure at such meetings ;
(b) the securing of attendance of trustees at such meetings ;
(c) the keeping of minutes book and accounts books ;
(d) the limits up to which the Chairman and the Secretary may sanction expendi-
ture under section 19 ;
(e) the compiling of catalogues and guide books and other publications ;
(f) the lending of articles contained in the collections vested in the Board ;
(g) the exchange, sale or presentation to other museums of duplicates of articles
contained in such collections ;
(h) the removal and destruction of articles contained in such collections ;
(i) the fees to be levied for purposes other than admission to the Museum ;
(j) the general managment of the Museum.
(3) All by-laws, when sanctioned shall, be published in the Official Gazette by the
State Government.
Secretary and Staff
16. There shall be a Director of the Museum, who shall also be the Secretary to
the Board. The Board may employ such other officers and servants as it shall deem
necessary for the ef ficient execution of its duties under this Act. Subject to any rules
made in this behalf, the Board shall determine the terms and conditions of service of
the Director and other staf f as it may employ .
17. All officers and servants employed by the Board shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code.
Power of
Board
to make
by-laws.
XLV
of
1860.
Secretary
and staff.
Officers
and
servants
and Board
to be
public
servants.
1968 : Mah. XVIII] Mahatma Phule Vastu Sangrahalaya, 7
Poona, Act, 1968
18. Notwithstanding anything contained in the Bombay Provincial Municipal
Corporations Act, 1949, the Municipal Corporation of the City of Poona shall make
an annual grant of not less than Rs. 7,500 to the funds of the Museum.
19. (1) All expenditure shall be sanctioned by the Board. The Board may , from
time to time, authorise the Chairman and the Secretary to sanction expenditure every
month upto such limits as may be determined in its by-laws. All cases of sanction by
the Chairman or the Secretary shall be duly placed before the subsequent meeting of
the Board for ratification.
(2) Every order for the payment of money shall be authenticated by the signature
of the Secretary and counter-signature of the Chairman.
20. (1) There shall be an annual audit of the accounts of the Museum carried
out by an auditor appointed in this behalf by 1[the Chief Auditor, Local Fund
Accounts].
(2) The Secretary shall furnish to the auditor an annual statement of accounts
supported by the necessary vouchers and generally assist the auditor in his work.
(3) The auditor ’s report shall be placed before the Board.
21. The State Government shall have the right to cause inspection to be made by
such person or persons as it may appoint of the Museum and its buildings, library
books, furniture and other equipment and, upon any recommendation made by such
person or persons, to direct the Board to take such action as it may think fit. The
Board shall comply with such directions.
22. (1) The State Government may, after consultation with the Board, by notifica-
tion in the Official Gazette , make rules to carry 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 :—
(a) the time of the year and place at which a meeting of the general body of the
members of the Museum shall be called under section 5 ;
(b) the numbers of representatives of local bodies other than the Municipal
Corporation of the City of Poona, the amount of contribution to be made by them
under clause D, the manner of election of representatives of members under clause  E
and the period within which the annual subscription shall be paid under the
proviso to clause F of sub-section ( 2) of section 6 ;
8 Mahatma Phule Vastu Sangrahalaya, [1968 : Mah. XVIII
Poona, Act, 1968
Miscellaneous
Ciontribu-
tion by
Municipal
Corpora-
tion of
City of
Poona.
Bom.
LIX.
of
1949.
Expendi-
ture.
Audit.
Inspection
of
Museum.
Rules.
1These words were substituted for the words “ the Accountant-General, Maharashtra ”
by Mah. 63 of 1977, s.3.
1968 : Mah. XVIII] Mahatma Phule Vastu Sangrahalaya, 9
Poona, Act, 1968
(c) the appointment of committees of the Board under section 10 and the
functions which may be entrusted or the matters which may be referred to such
committees ;
(d) the erection of Museum buildings, the transfer of the Museum to any new
site, the maintenance and management of the Museum, the exercise of the Board’ s
powers under section 12 and clause ( b) of section 13, the care and custody of the
objects deposited in the Museum and the conditions under which the public shall
have access to the Museum ;
(e) the maintenance, management and disposal of any property vested in the
Board and the investment and reinvestment in public securities or otherwise and
the safe custody of the funds of the Museum ;
(f) the form of accounts to be kept by the Board and the publication of such
accounts ;
(g) the application to the officers and servants employed by the Board of the
rules which apply to the civil servants of the State Government or to any class of
such civil servants ;
(h) the payment of contributions at such rates and subject to such conditions
as may from time to time be determined by the Board to any provident fund which
may be established by the Board for the benefit of the officers and servants
employed by it ;
(i) the management of the library and reading room ;
(j) the fees to be levied for admission to the Museum ;
(k) any other matter which is to be or may be prescribed.
(3) Every rule made under this section shall be laid, as soon as may be, after it is
made, before each House of the State Legislature while it is in session for a total
period of thirty days which may be comprised in one session or in two successive
sessions, and if, before the expiry of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall from the date of
publication of a notification in the Official Gazette, of such decision, have effect only
in such modified form or be of no ef fect, as the case may be; so, however , that any
such modification or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.
Repeal and T ransitional Pr ovisions
23. (1) On the date of commencement of this Act, the Lord Reay Maharashtra
Industrial Museum Act, 1947, shall stand repealed.
(2) Notwithstanding the repeal of the Lord Reay Maharashtra Industrial Museum
Act, 1947, by sub-section ( 1) and notwithstanding anything contained in section 6, the
Board constituted under the repealed Act shall be deemed to be the Board constituted
under this Act on the date of commencement of this Act, and the members thereof in
Repeal
and
saving.
Bom. XXXII
of 1947.
Bom. XXXII
of 1947.
10 Mahatma Phule Vastu Sangrahalaya, [1968 : Mah. XVIII
Poona, Act, 1968
office immediately before the said date shall continue to hold office until the successor
Board is duly constituted in accordance with the provisions of section 6 and the first
meeting of such successor Board is held. Immediately before such first meeting is
held, the existing members shall be deemed to be discharged, but such discharge shall
not absolve any of them from any liability accruing before their discharge.
(3) The rules and by-laws made under the repealed Act and in force immediately
before the date of commencement of this Act shall, in so far as they are not inconsistant
with the provisions of this Act, be deemed to have been made under the relevant
provisions of this Act, and be in force accordingly , until superseded by rules or
by-laws made under this Act.
(4) with effect from the date of commencement of this Act,—
(a) the Curator and other officers and servants appointed under the repealed
Act and holding office on the day immediately preceding such date shall be
deemed to be appointed as the Director and other officers and servants under this
Act, on the same terms and conditions as were applicable to them immediately
before that date, until the said terms and conditions are varied by a competent
authority under this Act ;
(b) all persons who were members of the Museum on the day immediately
preceding such date shall be deemed to have become members of the Museum
under this Act under the corresponding class ;
(c) all rights of the Board constituted under the repealed Act shall vest in the
Board under this Act ;
(d) all debts, liabilities and obligations incurred by or on behalf of the Board
constituted under the repealed Act and subsisting immediately before the date of
commencement of this Act shall be deemed to have been incurred by the Board in
exercise of the powers conferred on it by this Act and shall continue in operation
accordingly ;
(e) any reference in any law or in any instrument to the Board constituted under
the repealed Act shall be construed as a reference to the Board, and such law or
instrument shall apply to the Board.
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