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20. Bye-laws.-

(1) The Committee may make bye-laws to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such bye-laws may provide for-

(a) the division of duties among the president and the members of the Committee;

(b) the time and place of, the quorum for, and procedure and conduct of business at, the meetings of the Committee;

(c) the security, if any, to be taken from the employees of the Committee;

(d) the books and accounts to be kept at the office of the Committee;

(e) the custody and investment of the property and the funds of the Durgah;

(f) the details to be included in or excluded from the budget of the Durgah;

(g) the persons by whom receipts may be granted for money paid to the Committee;

(h) the maintenance of peace and order within the Durgah compound and regulating the conduct of persons within the precincts of the Durgah;

(i) the duties and powers of the employees of the Durgah;

(j) the regulation of the cooking of degs and distribution of the food so cooked, notwithstanding any judicial decision relating to the right of any person or class of persons to participate in such cooking or distribution;

(k) the powers and functions of the Advisory Committee and the matters in which the advice of the Advisory Committee may be sought by the Nazim;

(l) the manner of entering into contracts by or on behalf of the Committee.

(3) Any power to make bye-laws conferred by this section is conferred subject to the condition of the bye-laws being first published in draft for objections by being hung up on the premises of the Durgah and of their not taking effect until they have been approved and confirmed by the Central Government and published in the Official Gazette.

(4) The Central Government in approving and confirming a bye-law may make any change therein which appears to be necessary.

(5) The Central Government may, after previous publication of its intention cancel any bye-law which it has approved and confirmed, and thereupon the bye-law shall cease to have effect.

1[(6) Every bye-law made under this section and every order made by the Central Government under sub-section (5) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the bye-law or order, or both Houses agree that the bye-law or order should not be made, the bye-law or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that bye-law or order.]

Durgah Khawaja Saheb Act, 1955 Back

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