#THE VICTORIA MEMORIAL ACT, 1903 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1. Short title.
2. Trustees.
3. Property vested in Trustees.
4. Officers and servants to be public servants.
5. Rules.
6. Power of Trustees to make regulations.


 
#THE VICTORIA MEMORIAL ACT, 1903 

##ACT NO. 10 OF 1903 

[20th March, 1903] 

An Act to provide for the erection and management of the Victoria Memorial at Calcutta.

WHEREAS it is intended to erect at Calcutta a building as a memorial of the life and Reign of Her late 
Majesty Victoria of the United Kingdom of Great Britain and Ireland Queen. Empress of India, and for 
this purpose large sums of money have been subscribed by the princes and people of India;

AND  WHEREAS  at  a  meeting  of  subscribers  held  in  Calcutta  certain  persons  were  appointed  a 
Provisional Executive Committee to take the custody of the said moneys; 

AND WHEREAS it is expedient to make provision for the erection, maintenance and management of the 
memorial and for the appointment of a permanent body of Trustees; 

It is hereby enacted as follows:— 

1. **Short title.**—(1) This Act may be called the Victoria Memorial Act, 1903;

2. **Trustees.**—(1) The Trustees  of the Victoria  Memorial  (hereinafter  called the  Trustees)  shall  be 
the following, namely:— 

(a) the Government of West Bengal, ex officio, Chairman ; 

(b) the Chief Justice of the High Court of West Bengal, ex officio ; 

(c)  three  persons  to  be  nominated  by  the  Central  Government,  one  of  whom  shall  be  a 
representative of commerce and industry, chosen in consultation with the State Government of West 
Bengal and two others chosen from among persons who, in the opinion of the Central Government, 
have expert knowledge of the exhibits in the Victoria Memorial or are museologists, historians or art 
historians;

(d) a representative of the Central Government in the Ministry concerned with matters relating to 
the Victoria Memorial, ex officio; 

(e)  a  representative  of  the  Central  Government  in  the  Ministry  of  Finance,  Department  of 
Expenditure, concerned with matters relating to the Victoria Memorial, ex officio; 

(f) the Mayor of the Corporation of Calcutta and where the Corporation of Calcutta is superseded, 
the Administrator of that Corporation, ex officio; 

(g) an  officer,  not  below  the  rank  of the  Accountant  General,  nominated  by  the  Comptroller  and 
Auditor General of India, ex officio; 

(h) the Secretary to the Government of West Bengal in the Department of Education, ex officio; 

(i)  four  persons  (of  whom  one  at  least  shall  he  from  the  general  body  of  subscribers),  to  be 
nominated  by  the  Trustees  from  among  persons,  who,  in  the  opinion  of  the  Trustees  from  among 
persons, who, in the opinion of the Victoria Memorial or are museologists, historians or art historians, 
with the approval of the Central Government.

(2) The Trustees shall be a body corporate, with perpetual succession by the name of “The Trustees of 
the Victoria Memorial” and a common seal, and in that name shall sue and be sued, and shall have power 
to acquire and hold property to enter into contracts, and to do all acts necessary for and consistent, with 
the purposes of this Act.

(3) All acts done by a majority by those present and voting at a meeting of the Trustees, and all acts 
done  in  pursuance  of  a  majority  decision  of  the Trustees  obtained  by  circulation  to  the Trustees  of  the 
matter requiring decision, shall be deemed to be acts of the Trustees.

(3A)  If  any  of  the  Trustees  referred  to  in  clauses  (b),  (d),  (e),  (f),  (g)  and  (h)  of  sub-section  (1) is 
unable  to  attend  any  meeting  of  the  Trustees,  he  may,  with  the  previous  approval  of  the  Chairman, 
authorise in writing a person to do so.

(4) No act of the Trustees shall be, deemed to be invalid merely by reason of any vacancy in, or defect 
in the constitution of the body of the Trustees. 

(5) In the case of ex officio Trustees the person for the time being performing the duties of any of the 
offices mentioned in sub-section (1) shall act as a Trustee. 

(6) The Trustees may appoint a person to act as their Secretary. 

(7)  Orders  for  the  payment  of  money  on  behalf  of  the  Trustees  shall  be  deemed  to  be  sufficiently 
authenticated if signed by two Trustees and countersigned by the Secretary. 

3. **Property  vested  in  Trustees.**—All  sums  of  money  now  in  the  custody  of  the  said  Provisional 
Executive Committee and all other property, whether  movable or immovable, which have been or may 
hereafter be given, bequeathed or otherwise transferred for the purposes of the said Memorial or acquired 
for the said purposes by the Trustees shall vest in the Trustees. 

4. **Officers and servants to be public servants.**—All Officers and servants employed by the Trustees 
shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860): 

Provided that this section shall not apply to persons in the service of any contractor employed by the 
Trustees. 

5. **Rules.**—(1) The Central Government  by notification in the Official Gazette, may 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— 

(a) for the manner in which Trustees, other than ex officio Trustees, shall be appointed, and for the 
periods of time for which such Trustees shall hold office; 

(b) for the manner in which meetings of the Trustees shall be convened, the quorum necessary for 
the transaction of business, and the procedure at such meetings; 

(bb) for the manner in which a majority decision of the Trustees shall be obtained by circulation 
to the Trustees of the matter requiring decision;

(c) for the appointment of Committees of the Trustees, and the powers of expenditure and control 

which may be delegated to such Committees; 

(d)  for the erection,  maintenance  .and  management  of  the Memorial, the  care  and  custody  of the 
objects deposited therein, and the conditions under which the public shall have access thereto; 

(da) for the fees to be levied for admission to the Victoria Memorial;

(e) for the form of accounts to be kept by the Trustees, and for the audit and publication of such 
accounts.
                                                      
(3) Every rule made by the Central Government under this section 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 rule or both Houses agree that the rule should not be made, the rule 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 rule.

6. Power of Trustees to make regulations.—(1) The Trustees may, with the previous approval of 
the Central Government, by notification in the Official Gazette, make regulations, not inconsistent with 
this Act and the rules made thereunder, for enabling the body to discharge its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 
provide for all or any of the following matters, namely:— 

(a) the conditions and restrictions subject to which articles and things vested in the Trustees may be 
given on loan; 

(b) the recruitment and conditions of service of the employees of the Victoria Memorial. 

(3)  Every  regulation  shall,  as  soon  as  may  be,  after  it  is  made  by  the  Trustees, be  forwarded  to  the 
Central Government and that Government shall cause a copy of the same to be laid 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 
regulation  or  both  Houses  agree  that  the  regulation  should  not  be  made,  the  regulation  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 regulation.