Published in Bangladesh Gazette Extraordinary
Dated 20th November, 1995

Act No.XXVII of 1995

An Act made to establish a National Book Centre

Whereas it is expedient to establish a book centre to be called the National Library;

Now, therefore, it is herewith enacted as follows;

1. Short title and commencement.- (1) This Act may be called the National Book Centere Act, 1995.
(2) This Act shall have effect from such date as the Government may determine by publication in the official Gazette.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

(a) "Book Centre" means the National Book Centre established under this Act;
(b) "Chairman" means the Chairman of the Board;
(c) "Director" means the Director of the Centre;
(d) "regulation" means any regulation made under this Act;
(e) "Board" means the Managing Board of the Book Centre;
(f) "rule" means any rule made under this Act;
(g) "member" means member of the Board.
3. Establishment of the Book Centre.- (1) The Government shall immediately after the commencement of this Act, as fast as possible, establish, by notification in the official Gazette, a Book Centre to be called the National Book Centre in accordance with the provisions of this Act.
(2) The Book Centre shall be a body corporate and it shall have continual succession and a common seal and it shall, subject to this Act and the rules, have power to acquire, hold and transfer property, both movable and immovable, and suits may be filed by or against it.

4. Head-office of the Book Centre.- The head-office of the Book Centre shall be situated in Dhaka and it may, if necessary, on prior approval of the Government, set up branch offices at any place.

5. Management of the Book Centre.- The management and administration of the Book Centre shall be entrusted to a Managing Board and the Managing Board may exercise all powers and discharge all functions the Book Centre may exercise and discharge.

6. Managing Board.- (1) The Managing Board shall consist of the following members, namely:-

(a) the Secretary of the Ministry or Department concerned with Culture, who shall also be its Chairman;
(b) the Director, Archives and National Library;
(c) one officer holding a rank not below a Co-Secretary to be nominated by and from the Department of Finance;
(d) one officer holding a rank not below a Co-Secretary to be nominated by and from the Ministry or Department concerned with Culture;
(e) one officer to be nominated by and from the Ministry or Department of Education;
(f) one officer to be nominated by and from the Ministry or Department of Information;
(g) the Secretary of the Bangladesh National UNESCO Commission;
(h) the President of the Book Publishers and Sellers Society;
(i) two intellectuals to be nominated by the Government, one of them being a woman;
(j) two book publishers to be nominated by the Government;
(k) two printers to be nominated by the Government;
(l) the Director, Public Library Office;
(m) the President, Society of the Printing Industry;
(n) the Director, National Book Centre, who shall also be a member and the Secretary of the Board.
(2) The members nominated under clause (i) and (j) of sub-section (1) shall remain in office for a period of two years beginning with the date of their nomination:
Provided that the Government may, before the expiry of such period, without showing cause, remove any such member from its office:
Provided further that any such member may retire from its office by sending a signed letter to the Government.

7. Duties and Functions of the Centre.- The Centre shall have the following duties and functions, namely:-

(a) to prepare book lists on reading matters and to collect and publish data relating to book publications;
(b) to make researches regarding the wishes and interests of readers and to publish reports on the basis thereof;
(c) to develop methods of publishing and marketing books;
(d) to create facilities for the inclination and eagerness to read to come up abundently and pervasively among the common people;
(e) to make arrangements for the exhibition of books which are out of print or hard to obtain;
(f) to publish book lists, reader guides and detailed reports on the books published in the country;
(g) to make researches and investigations on various subjects relating to books and to publish informations etc. obtained through such researches and investigations;
(h) to make arrangements to create eagerness towards books in children and adolescents;
(i) to establish a library at the Centre and to provide for opportunities to study in the library;
(j) to create consciousness for the development of library services;
(k) to prepare and manage national and, on the prior consent of the Government, international seminars, meetings, workshops, symposiums and book messes relating to the publication of books;
(l) to provide for the donation of awards to the best book publishers in order to promote the publishing of books;
(m) to provide for the donation of awards to the best printers in order to promote book printing in accordance with elevated industrial standards;
(n) to advice the Government on any matters relating to the publication of books;
(o) to do anything necessary for the discharge of the aforesaid functions.
8. Meetings of the Board.- (1) The Board may, subject to any other provisions of this section, regulate the procedures of its own meetings.
(2) The meetings of the Board shall be held at the places and times prescribed by the Chairman:
Provided that there shall be held every three months at least one meeting of the Board.
(3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by any other member authorised by him in writing and, in the absence of both, by any other member elected by the members present at the meeting.
(4) To constitute a quorum at a meeting of the Board, not less than one third of its total membership shall be present, but no quorum shall be required in the case of an adjourned meeting.
(5) Every member of the Board shall have one vote and, in the event of equality of votes, the member presiding shall have a second or casting vote.
(6) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.

9. Fund of the Centre.- (1) There shall be a fund to the Centre, at which shall be deposited the following sums, namely:

(a) grants made by the Government;
(b) grants made by a local authority, any other institution, company or person;
(c) loans taken on the prior consent of the Government;
(d) money received through the sale of property of the Centre;
(e) money received from any other sources.
(2) This fund shall be kept in the name of the Centre at a scheduled bank and money shall be withdrawn from the fund in such manner as the Board may prescribe.
(3) The Centre shall meet its necessary expenditures from this fund.
(4) The fund of the Centre may be invested in any sector approved by the Government.

10. Director.- (1) There shall be one Director of the Centre.
(2) The Director shall be appointed by the Government and the terms and conditions of his service shall be determined by the Government.
(3) If a vacancy occurs in the office of the Director or if he is unable to discharge the functions of his office on account of absence, illness or any other cause, any person nominated by the Government shall discharge the functions of the Director until the newly appointed Director assumes his charges or until the Director is able again to discharge his functions.
(4) The Director shall be the Chief Executive Officer of the Centre and he shall-

(a) be responsible for the implementation of the decisions of the Board;
(b) perform other duties of the Centre in accordance with the directions of the Board.
11. Appointment of officers and employees.- The Centre may appoint such officers and employees as are necessary for the efficient performamce of its duties and their terms and conditions of service shall be determined by regulations.

12. Annual Budget Statement.- The Centre shall submit to the Government every year, within such period as may be prescribed by the Government, an annual budget statement of the following financial year in which shall be stated the sum which is likely to be required by the Centre from the Government during that financial year.

13. Audit and Accounts.- (1) The Centre shall keep its accounts properly and shall prepare an annual statement of its accounts.
(2) The Comptroller and Auditor-General of Bangladesh, heretoafter referred to as Auditor-General, shall audit the accounts of the Centre every year and shall send a copy of the audit report to the Government and Centre each.
(3) The Auditor-General or any person authorised by him shall, for the purpose of auditing accounts in accordance with sub-section (2), have access to any records, books, documents, cash, monies deposited at banks, securities, stores and other properties of the Centre and may examine any member, officer or employee of the Centre.

14. Report.- (1) The Centre 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, if necessary, at any time require the Centre to furnish any report or statement regarding any matter under its control and the Centre shall be bound to furnish such report or statement.

15. Protection of action taken in good faith.- No prosecution, suit or other legal proceeding shall lie against the Board, Chairman, any member, Director or any other officer or employee of the Centre for any damage caused or likely to be caused to any person as a result of any action taken in good faith under this Act, the rules or regulations.

16. Delegation of powers.- The Board may, under well-defined conditions, confer any of its powers or duties on the Chairman or any other member, the Director or any other officer of the Center.

17. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

18. Power to make regulations.- The Centre may, on prior consent of the Government and by notification in the official Gazette, make such regulations as are not inconsistent with the provisions of this Act or any rules for carrying out the purposes of this Act.

19. Abolition of the National Book Centre etc.- (1) Upon the establishment of the Centre the existing Regulation No.F. 7-40/58-Unesco I, dated the 29th July, 1960, heretoafter referred to as the said Regulation, shall stand repealed.
(2) Upon the rescission of that regulation-

(a) the National Book Centre established under the said Regulation, heretoafter referred to as the said Institute, shall be abolished;
(b) all assets, rights, powers, authorities and privileges and all properties, mavable and immovable, cash and bank balance and all other rights and interests of the said Institute shall be transferred to and vested in the Centre;
(c) all debts, liabilities and obligations of the said Institute before its abolishment shall be debts, liabilities and obligations of the Centre;
(d) every officer and employee of the said Institute shall be transferred to the Centre and they shall be deemed to be officers and employees appointed by the Centre and shall serve the Centre on the same terms and conditions as were applicable to them before their transfer unless their terms and conditions of service are altered by the Centre.