An Ordinance to provide for the establishment of the Bangladesh Jatiya Jadughar. WHEREAS, it is expedient to provide for the establishment of the Bangladesh Jatiya Jadughar and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
This Ordinance may be called the Bangladesh Jatiya Jadughar Ordinance, 1983.
In this Ordinance, unless there is anything repugnant in the subject or context,-
(1) On the commencement of this Ordinance, there shall be established a National Museum to be called the Bangladesh Jatiya Jadughar.
(2) The Jadughar shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
The General direction and administration of the affairs of the Jadughar shall vest in a Board of Trustees which may exercise all powers and do all acts or things which may be exercised or done by the Jadughar.
The President shall be the Patron-in-Chief of the Jadughar.
The Board shall consist of the following Trustees, namely:-
(1) A Trustee, other than an ex-officio Trustee, shall hold office for a period of three years from the date of his appointment and shall be eligible for reappointment.
(2) A Trustee, other than an ex-officio Trustee may, at any time, resign his office by a letter addressed to the Sabhapati.
(3) No act or proceedings of the Board shall be invalid merely on the ground of the existence of a vacancy in, or defect in the constitution of, the Board.
The functions of the Board shall be-
The Board may sell or otherwise dispose of any object of the Jadughar if the object is a duplicate of another such object, or if the object is, in the opinion of the Board, unfit to be retained in the Jadughar:
Provided that if the object is a gift, bequest or donation of a foreign Government or a foreign national, prior approval of the Government shall be obtained for its sale or otherwise disposal.
The Jadughar shall have such Division, Departments or Sections as may be prescribed for carrying out the purposes of this Ordinance.
(1) There shall be a Mahaparichalak of the Jadughar who shall be appointed by the Government and who shall hold office on such terms and conditions as the Government may determine.
(2) The Mahaparichalak shall be the chief executive of the Jadughar and shall be responsible for carrying out the decisions of the Board and for the proper administration of the affairs of the Jadughar.
(3) The Mahaparichalak shall exercise such powers and perform such functions as may be prescribed or assigned to him by the Board.
(4) If a vacancy occurs in the office of the Mahaparichalak or if the Mahaparichalak is unable to discharge the functions of his office on account of absence, illness or any other cause, those functions shall be performed by such persons as may be prescribed.
There shall be a Sachib to the Jadughar who shall be appointed by the Government on such terms and conditions as may be determined by it.
The Board may appoint such officers and other employees as it considers necessary for the efficient administration of the Jadughar on such terms and conditions as may be prescribed.
(1) The Board shall meet at least once in four months on a date to be fixed by the Mahaparichalak in consultation with the Sabhapati.
(2) The Sabhapati may, whenever he thinks fit, and shall, upon the written request of not less than six Trustees, call special meetings.
(3) Five Trustees shall form a quorum.
(4) All meetings of the Board shall be presided over by the Sabhapati and, in his absence, by a Trustee elected for the purpose by the Trustees present.
(5) Each Trustee shall have one vote and in the event of equality of votes, the Trustee presiding shall have a casting or second vote.
(6) Proceedings of the meeting of the Board shall be recorded and circulated to the Trustees and submitted for confirmation at the next meeting of the Board.
(1) The funds of the Board shall comprise-
(2) The funds of the Board shall be kept in a scheduled bank approved by the Board.
(1) The Board shall keep accounts of all moneys received and expended by it.
(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of Bangladesh in such manner as he deems fit.
(3) The audit report, together with the statement of accounts audited, shall be furnished by the Board to the Government.
(1) The Board shall, as soon as possible after the end of every financial year, submit to the Government an annual report on the conduct of its affairs for that year.
(2) The Government may require the Board to furnish any report, return, statement, estimate, statistics or other information regarding any matter under the control of the Board, and the Board shall comply with every such requisition.
(1) On the commencement of this Ordinance, the Dacca Museum (Board of Trustees) Ordinance, 1970 (E.P. Ord. X of 1970), hereinafter referred to as the said Ordinance, shall stand repealed.
(2) Upon repeal of the said Ordinance,-
books of accounts, registers, records and all other documents of whatever nature relating thereto, of the said Board of Trustees shall stand transferred to, and vest in, the Board;
(3) Notwithstanding the dissolution of the said Board of Trustees, all rules and regulations made under the said Ordinance, shall, mutatis mutandis, and so far as they are not inconsistent with any provision of this Ordinance, continue in force until altered, repealed or amended by rules or regulations made under this Ordinance.
(4) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matter specified in sub-section (1), make such orders as it may consider expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.
No suit, prosecution or other legal proceedings shall lie against the Government or any person in respect of anything done or purporting to be done under this Ordinance or any order made thereunder for the purpose of giving effect to the provisions of this Ordinance.
The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
The Board may 6, with the prior approval of the Government, make regulations, not inconsistent with this Ordinance or rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the Ordinance.