|
Russian version |
|
THE
AUROVILLE FOUNDATION
ACT, 1988
(N° 54 of 1988)
TABLE OF CONTENTS
CHAPTER I
PRELIMINARY
1) Short title.
2) Definitions.
CHAPTER II
ACQUISITION AND TRANSFER OF UNDERTAKINGS OF AUROVILLE
3) Transfer to, and vesting in, the Central Government of
certain undertakings of the Society, trusts and bodies.
4) General effect of vesting.
5) Central Government or Foundation to be liable for certain
prior liabilities. 6) Power of Central Government to direct
vesting of the undertakings in the Foundation.
7) Management, etc., of the undertakings.
8) Duties of persons in charge of management by undertakings
to deliver all assets.
9) Certain powers of the Central Government or the Foundation.
CHAPTER III
THE AUROVILLE FOUNDATION
10) Establishment and incorporation of the Foundation.
11) Governing Board.
12) Term of office of members.
13) Salary and allowances and other conditions of service
of Chairman.
14) Meetings of the Governing Board.
15) Secretary and other officers of the Foundation.
16) Committees of the Governing Board.
17) Powers and functions of the Governing Board.
18) Residents' Assembly.
19) Functions of Residents' Assembly.
20) Working Committee of Residents' Assembly.
21) International Advisory Council.
22) Dissolution of the Foundation.
23) Grant by Central Government to the Foundation.
CHAPTER IV
MISCELLANEOUS
24) Duty to furnish returns, etc.
25) Borrowing powers of the Governing Board.
26) Accounts and audit.
27) Act to have overriding effect.
28) Contracts to cease to have effect unless ratified by
the Foundation.
29) Penalties.
30) Protection of action taken in good faith.
31) Power to make rules.
32) Power to make regulations.
33) Rules and regulations to be laid before Parliament.
34) Power to remove difficulties.
THE SCHEDULE
|
|
|
|
|
59 of 1980
|
|
The Auroville Foundation Act MINISTRY
OF LAW AND JUSTICE (Legislative Department) New Delhi, the
3rd October, 1988 Asvina 11, 1910 (Saka)The following Act
of Parliament received the assent of the President on the
29th September 1988 and is hereby published for general
information:
THE
AUROVILLE FOUNDATION
ACT, 1988
(N° 54 of 1988)
{29th September, 1988}
An Act to provide for the acquisition
and transfer of the undertakings of Auroville and to vest
such undertakings in a foundation established for the purpose
with a view to making long- term arrangements for the better
management and further development of Auroville in accordance
with its original charter and for matters connected therewith
or incidental thereto.
Whereas Auroville was founded by the 'Mother' on the 28th
day of February, 1968 as an international cultural township;
And Whereas in view of the serious
difficulties which had arisen with regard to the management
of Auroville, the management thereof and been vested in
the Central Government for a limited period by the Auroville
(Emergency Provisions) Act, 1980;
|
|
|
And Whereas under the management of
the Central Government and under the overall guidance of
the International Advisory Council set up under the aforesaid
Act, Auroville had been able to develop during the last
eight years along several important lines and the residents
of Auroville have also carried on activities for the development
of Auroville which need further encouragement and consolidation;
And Whereas Auroville was developed
as a cultural township with the aid of funds received from
different organisations in and outside India as also from
substantial grants received from the Central and State Governments,
and the United Nations Educational Scientific and Cultural
Organisation also had, from time to time, reflected in its
resolutions that the project on Auroville is contributing
to international understanding and promotion of peace;
And Whereas for the purpose of encouraging,
continuing and consolidating the aforesaid activities of
Auroville, it is necessary in the public interest to acquire
the undertakings of Auroville and to vest them in a body
corporate established for the purpose;
Be it enacted by Parliament in the Thirty-ninth
Year of the Republic of India as follows: -
|
|
|
|
CHAPTER I
Preliminary
|
|
Short title
Definitions
|
|
1.
This Act may be called the Auroville Foundation Act, 1988.
2.
In this Act, unless the context otherwise requires,-
|
|
|
(a) "appointed day" means
the date of commencement of this Act;
(b) "Auroville" means so much
of the undertakings as form part of, or are relatable to,
the cultural township which is known as Auroville and the
charter of which was proclaimed by the 'Mother' on the 28th
day of February, 1968;
(c) "Council" means the Auroville
International Advisory Council constituted under sub-section
(1) of section 21;
(d) "Custodian" means the
person who is appointed as the Custodian under sub-section
(2) of section 7 in respect of the undertakings;
(e) "Foundation" means the
Auroville Foundation established under sub-section (1) of
section 10;
(f) "Governing Board" means
the Governing Board of the Foundation constituted under
sub-section (1) of section 11;
(g) "notification" means a
notification published in the Official Gazette;
(h) "prescribed" means prescribed
by rules made under this Act;
(i) "Residents' Assembly"
means the Residents' Assembly of the Foundation;
|
|
West Bengal
Act
XXVI of, 1961
|
|
(j) "Society" means Sri Aurobindo
Society, being a Society as defined in the West Bengal Societies
Registration Act, 1961, and having its registered office
at Calcutta in the State of West Bengal;
(k) "specified date" means
such date as the Central Government may, for the purpose
of section 9, by notification, specify;
(l) "trust" or "body"
means a trust or body specified in the Schedule;
(m) "undertakings" means the
undertakings of the Society, trust or body which had vested
in the Central Government under section 3.
|
|
.
|
|
CHAPTER II
ACQUISITION AND TRANSFER OF UNDERTAKINGS OF AUROVILLE
|
|
Transfer
to, and vesting in, the Central Government of certain undertakings
of the Society, trusts and bodies
|
|
3.
On the appointed day, so much of the undertakings of the
Society, trust and body as form part of, or are relatable
to Auroville, and the right, title and interest of the Society,
trust and body, in relation to such undertakings, shall,
by virtue of this Act, stand transferred to, and vest in,
the Central Government.
|
|
General effect
of vesting
|
|
4.
(1) The undertakings vested under section 3 shall be deemed
to include all the assets, rights, leaseholds, powers, authorities
and privileges, and all property (movable and immovable),
including lands, buildings, works, workshops, projects,
stores, instruments, machinery, automobiles and other vehicles,
cash balances, funds, including reserve funds, investments
and book debts of the Society, trust or body as form part
of, or are relatable to, Auroville and all other rights
and interests arising out of such properties as were immediately
before the appointed day in the ownership, possession, power
or control of the Society, trust or body, whether within
or without India, and all books of account, registers, maps,
plans and all other documents of whatever nature relating
thereto.
(2) All properties and assets as aforesaid
which have vested in the Central Government under section
3 shall, by force of such vesting, be freed and discharged
from any trust, obligation, mortgage, charge, lien and all
other incumbrances affecting them or of any attachment,
injunction, decree or order of any court or other authority
restricting the use of such properties or assets in any
manner or appointing any receiver in respect of the whole
or any part of such properties or assets shall be deemed
to have been withdrawn.
(3) Any licence or other instrument
granted to the Society, trust or body in relation to any
undertaking which has vested in the Central Government under
section 3 at any time before the appointed day and in force
immediately before the appointed day, shall continue to
be in force on and after such day in accordance with its
tenor in relation to and for the purposes of such undertaking
or where the undertaking is directed under section 6 to
vest in the Foundation, the Foundation shall be deemed to
be substituted in such licence or other instrument as if
such licence or other instrument had been granted to the
Foundation and the Foundation shall hold it for the remainder
of the period for which the Society, trust or body would
have held it under the terms thereof.
(4) If, on the appointed day, any suit,
appeal or other proceeding, of whatever nature, in relation
to any property or asset which has vested in the Central
Government under section 3, instituted or preferred by or
against the Society, trust or body is pending, the same
shall not abate, be discontinued or be, in any way, prejudicially
affected by reason of the transfer of the undertakings of
the Society, trust or body or of anything contained in this
Act, but the suit, appeal or other proceeding may be continued,
prosecuted or enforced by or against the Central Government,
or where the undertakings of the Society, trust or body
are directed under section 6 to vest in the Foundation,
by or against the Foundation.
|
|
Central
Government or Foundation to be liable for certain prior
liabilities
|
|
5.
Every liability in relation to any undertaking in respect
of any period prior to the appointed day shall be enforceable
against the Central Government and not against the Society,
trust or body, or where the said undertaking are directed,
under section 6, to vest in the Foundation, against the
Foundation.
|
|
Power of
Central Government to direct vesting of the undertakings
in the Foundation
|
|
6.
(1) Notwithstanding anything contained in sections 3 and
4, the Central Government shall, as soon as may be after
the appointed day, direct, by notification, that the undertakings
and the right, title and interest of the Society, trust
or body in relation to such undertakings which had vested
in the Central Government under section 3, shall, instead
of continuing to vest in the Central Government, vest in
the Foundation either on the date of publication of the
notification or on such earlier or later date as may be
specified in the notification.
(2) Where the right, title and interest
of the Society, trust or body in relation to the undertakings
vest, under sub-section (1), in the Foundation, the Foundation
shall, on and from the date of such vesting, be deemed to
have become the owner in relation to such undertakings and
the rights and liabilities of the Central Government in
relation to such undertakings shall, on and from the date
of such vesting, be deemed to have become, the rights and
liabilities, respectively, of the Foundation.
|
|
Management,
etc., of the undertakings
|
|
7.
(1) The general superintendence, direction, control and
management of the affairs of the undertakings, the right,
title and interest in relation to which have vested in the
Central Government under section 3, shall, -
(a) where a direction has been made
by the Central Government under sub-section (1) of section
6, vest in the Foundation; or
(b) where no such direction has been
made by the Central Government, vest in a Custodian appointed
by the Central Government under sub-section (2).
and, thereupon, the Foundation, or the
Custodian so appointed, as the case may be, shall be entitled
to exercise all such powers and do all such things as the
Society, trust or body, as the case may be, is authorised
to exercise and do in relation to its undertakings.
(2) The Central Government my appoint
any person as the Custodian of the undertakings in relation
to which no direction has been made by it under sub-section
(1) of section 6.
(3) The Custodian so appointed shall
receive such remuneration as the Central Government may
fix and shall hold office during the pleasure of the Central
Government.
|
|
Duties of
persons in charge of management by undertakings to deliver
all assets
|
|
8.
(1) On the vesting of the management of the undertakings
in the Foundation or on the appointment of a Custodian under
section 7, all persons in charge of the management of the
undertakings immediately before such vesting or appointment
shall be bound to deliver to the Foundation or Custodian,
as the case may be, all assets, books of account, registers
and other documents in their custody relating to the undertakings.
(2) The Central Government may issue
such directions as it may deem desirable in the circumstances
of the case to the Custodian as to the powers and duties
of the Custodian and such Custodian may also, if it is considered
necessary so to do, apply to the Central Government at any
time for instructions as to the manner in which the management
of the undertakings shall be conducted or in relation to
any other matter arising in the course of such management.
(3) Any person, who on the appointed
day, has in his possession or under his control, any books,
documents or other papers relating to the undertakings shall
be liable to account for the said books, documents or other
papers to the Central Government or the Foundation, as the
case may be, and shall deliver them up to the Central Government
or the Foundation or to such person or body of persons as
the Central Government or the Foundation may specify in
this behalf.
(4) The Central Government or the Foundation
may take or cause to be taken, all necessary steps for securing
possession of all undertakings which have vested in the
Central Government or the Foundation under this Act.
(5) The Society, trust or body shall,
within such period as the Central Government may allow in
this behalf, furnish to that Government a complete inventory
of all its properties and assets, as on the appointed day
pertaining to the undertakings and, for this purpose, the
Central Government or the Foundation shall afford to the
Society, trust or body all reasonable facilities.
|
|
Certain powers
of the Central Government or the Foundation
|
|
9.
The Central Government or the Foundation shall be entitled
to receive up to the specified date, to the exclusion of
all other persons, any money due to the Society, trust or
body in relation to its undertakings which have vested in
the Central Government or the Foundation, as the case may
be, and realised after the appointed day, notwithstanding
that the realisation pertains to a period prior to the appointed
day.
|
|
|
CHAPTER III
THE AUROVILLE FOUNDATION
|
|
Establishment
and incorporation of the Foundation
|
|
10.
(1) With effect from such date as the Central Government
may, by notification, appoint in this behalf, there shall
be established for the purpose of this Act, a Foundation,
to be called the Auroville Foundation.
(2) The Foundation shall be a body corporate
by the name aforesaid, having perpetual succession and a
common seal with power to acquire, hold and dispose of property,
both movable and immovable, and to contract and shall by
the said name sue and be sued. (3) The Foundation shall
consist of the following authorities, namely:-
(a) the Governing Board;
(b) the Residents' Assembly;
(c) the Auroville International Advisory
Council.
|
|
Governing
Board
|
|
11.
(1) The Governing Board shall consist of the following members,
namely:-
(i) not more than seven members to be
nominated by the Central Government from amongst persons,
who have-
(a) rendered valuable service to Auroville;
(b) dedicated themselves to the ideals
of life-long education synthesis of material and spiritual
researches or human unity;
(c) contributed significantly in activities
that are being persued or are envisaged to be promoted in
Auroville, including activities relating to environment,
afforestation, arts and crafts, industry, agriculture, humanities,
sciences and integral yoga;
(ii) two representatives of the Central
Government to be nominated by it.
(2) The Central Government shall nominate
a Chairman of the Governing Board from amongst the members
nominated by it under clause (i) of sub-section (1).
(3) The general superintendence, direction
and management of the affairs of the Foundation shall vest
in the Governing Board which may exercise all the powers
and discharge all the functions which may be exercised or
discharged by the Foundation.
(4) The Governing Board may associate
with itself in such manner and for such purposes as may
be prescribed, any persons whose assistance or advice it
may desire in complying with any of the provisions of this
Act and a person so associated shall have the right to take
part in the discussions of the Governing Board relevant
to the purposes for which he has been associated, but shall
not have the right to vote.
(5) No act or proceeding of the Governing
Board or any committee appointed by it under section 16
shall be invalidated merely by reason of,-
(a) any vacancy in, or any defect in
the constitution of, the Governing Board or such committee;
or
(b) any defect in the nomination of
a person acting as a member of the Governing Board or such
committee; or
(c) any irregularity in the procedure
of the Governing Board or such committee not affecting the
merits of the case.
|
|
Term of office
of members
|
|
12.
(1) Subject to the provisions of this section, the term
of office of the members of the Governing Board including
the Chairman shall be four years from the date of their
nomination.
(2) An outgoing member of the Governing
Board shall be eligible for re-nomination.
(3) The term of office of a member nominated
to fill a casual vacancy in the Governing Board shall continue
for the remainder of the term of the member in whose place
he is nominated.
(4) A member may resign his office by
writing under his hand addressed to the Central Government
but he shall continue in office until his resignation is
accepted by that Government.
|
|
Salary and
allowances and other conditions of service of Chairman
|
|
13.
The Chairman of the Governing Board shall be entitled to
such salary and allowances and such conditions of service
in respect of leave, pension, provident fund and other matters
as may, from time to time, be fixed by the Central Government.
|
|
Meetings
of the Governing Board
|
|
14.
(1) The Governing Board shall meet at least once a year
at Auroville at such time as may be fixed by the Chairman
of the Governing Board.
(2) All the decisions at any meeting
of the Governing Board shall be taken by a majority of the
members present and voting:
Provided that in the case of equality
of votes, the Chairman of the Governing Board shall have
a casting vote.
|
|
Secretary
and other officers of the Foundation
|
|
15.
(1) The Central Government shall appoint a Secretary to
the Foundation to exercise such powers and perform such
duties under the Chairman of the Governing Board as may
be prescribed or as may be delegated to him by the Chairman.
(2) The Secretary shall be entitled to such salary and allowances
and such conditions of service in respect of leave, pension,
provident fund and other matters as may, from time to time,
be fixed by the Central Government.
(3) Subject to such control, restrictions
and conditions as may be prescribed, the Governing Board
may appoint such other officers and employees as may be
necessary for the efficient performance of its functions.
(4) The Chairman, Secretary and other
officers and employees of the Foundation shall not undertake
any work unconnected with their duties under this Act except
with the permission of the Central Government.
|
|
Committees
of the Governing Board
|
|
16.
(1) The Governing Board may appoint such committees as may
be necessary for the efficient discharge of its duties and
performance of its functions under this Act.
(2) The Governing Board shall have the
power to co-opt as members of any committee appointed under
sub-section (1), such number of persons who are not members
of the Governing Board as it may think fit, and the persons
so co-opted shall have the right to attend the meetings
of the committee, and take part in the proceedings of the
committee, but shall not have the right to vote.
|
|
Powers and
functions of the Governing Board
|
|
17.
The powers and functions of the Governing Board shall be-
(a) to promote the ideals of Auroville
and to coordinate activities and services of Auroville in
consultation with the Residents' Assembly for the purposes
of cohesion and integration of Auroville;
(b) to review the basic policies and
the programmes of Auroville and give necessary directions
for the future development of Auroville;
(c) to accord approval to the programmes
of Auroville drawn up by the Residents' Assembly;
(d) to monitor and review the activities
of Auroville and to secure proper management of the properties
vested in the Foundation under section 6 and other properties
relatable to Auroville;
(e) to prepare a master-plan of Auroville
in consultation with the Residents' Assembly and to ensure
development of Auroville as so planned;
(f) to authorise and coordinate fund-raising
for Auroville and to secure proper arrangements for receipts
and disbursement of funds for Auroville.
|
|
Residents'
Assembly
|
|
18.
(1) The Residents' Assembly shall consist of all the residents
of Auroville who are for the time being entered in the register
of residents maintained under this section.
(2) The Secretary to the Government
Board shall maintain the register of residents in such manner
as may be prescribed and all the persons who are residents
of Auroville and who are of the age of eighteen years and
above are entitled to have their names entered in the register
on an application made to the Secretary in such form as
may be prescribed.
59 of 1989 (3) All the names of residents,
which have been included in the register maintained by the
Administrator appointed under section 5 of the Auroville
(Emergency Provisions) Act, 1980 immediately before the
appointed day, shall be deemed to have been included in
the register maintained under this section.
|
|
Functions
of Residents' Assembly
|
|
19.
(1) The Residents' Assembly shall perform such functions
as are required by this Act and shall advise the Governing
Board in respect of all activities relating to the residents
of Auroville;
(2) In particular, and without prejudice
to the foregoing powers, the Residents' Assembly may-
(a) allow the admission or cause the
termination of persons in the register of residents in accordance
with the regulations made under section 32;
(b) organise various activities relating
to Auroville;
(c) formulate the master plan of Auroville
and make necessary recommendations for the recognition of
organisations engaged in activities relatable to Auroville
for the approval of the Governing Board;
(d) recommend proposals for raising
funds for Auroville for the approval of the Governing Board.
(3) For the purpose of carrying on its
functions, the Residents' Assembly may establish such committees
as it may consider necessary which shall represent it in
relation to the functions to be performed by the Governing
Board.
|
|
Working Committee
of Residents' Assembly
|
|
20.
(1) There shall be a Working Committee of the Residents'
Assembly which shall assist the Residents' Assembly or,
as the case may be, the Governing Board, in discharging
its duties under this Act.
(2) The Working Committee shall consist
of not more than seven members to be chosen by the Residents'
Assembly from among themselves.
(3) The manner of choosing the members
of the Working Committee and their term of office shall
be such as may be decided by the Residents' Assembly.
(4) The Working Committee may, with
the approval of the Governing Board, create or constitute
other organisations, trusts, societies or associations relatable
to Auroville if the Working Committee is satisfied that
such organisations, trusts, societies or associations have-
(a) their headquarters at Auroville;
(b) declared that in all matters relating
to Auroville they shall act in conformity with the decisions
of the Governing Board and that their main object is to
promote the ideals laid down in the Charter of Auroville
proclaimed by the 'Mother' on the 28th day of February,
1968.
|
|
Advisory
Council
|
|
21.
(1) The Auroville International Advisory Council shall consist
of not more than five members nominated by the Central Government.
(2) The Central Government may nominate
the members of the Council from amongst persons who in its
opinion are devoted to the ideals of human unity, peace
and progress.
(3) The Council may, on its own motion
or on a reference made to it by the Governing Board, advise
the Governing Board on any matter relating to the development
and management of Auroville.
(4) In tendering any advice to the Governing
Board, the Council shall endeavour to secure that-
(a) the ideals for which Auroville has
been established are encouraged, and
(b) the residents of Auroville are allowed
freedom to grow and develop activities and institutions
for the fulfillment of the aspirations and programmes envisaged
in the said Charter of Auroville.
(5) There shall be a Chairman of the
Council who shall be elected by the members of the Council
from among themselves.
(6) The term of office of, the method
of filling casual vacancies among, and the allowances and
other remuneration, if any, payable to, the members of the
Council, shall be such as may be determined by the Central
Government.
(7) The Council shall have power to
regulate its own procedure.
|
|
Dissolution
of the Foundation
|
|
22.
(1) The Central Government may, by notification and for
reasons to be specified therein, direct that the Foundation
shall be dissolved from such date and for such period as
may be specified in the notification:
Provided that before issuing any such
notification, the Central Government shall give a reasonable
opportunity to the Foundation to make representation against
the proposed dissolution and shall consider the representation,
if any, of the Foundation.
(2) When the Foundation is dissolved
under the provisions of sub-section (1),-
(a) all members of the Governing Board,
notwithstanding that the terms of their office had not expired,
shall, from the date of dissolution, vacate their offices
as such members;
(b) all powers and duties of the Foundation
shall, during the period of dissolution, be exercised and
performed by such person or persons as the Central Government
may appoint in this behalf;
(c) all properties vested in the Foundation
shall, during the period of dissolution, vest in the Central
Government; and
(d) as soon as the period of dissolution
expires, the Foundation shall be reconstituted in accordance
with the provisions of this Act.
|
|
Grant by
Central Government to the Foundation
|
|
23.
For the purpose of enabling the Foundation to discharge
its functions under this Act, the Central Government may,
after due appropriation made by Parliament by law in this
behalf, pay to the Foundation, in each financial year, such
sums of money as that Government considers necessary by
way of grant, loan or otherwise.
|
|
|
CHAPTER IV
MISCELLANEOUS
|
|
Duty to furnish
returns, etc.
|
|
24.
(1) The Governing Board shall furnish to the Central Government
at such time and in such form and manner as may be prescribed,
or as the Central Government may direct, such returns and
statements and such particulars as the Central Government
may, from time to time, require.
(2) Without prejudice to the provisions
of sub-section (1), the Governing Board shall, as soon as
possible after the end of each financial year, submit to
the Central Government a report in such form and before
such date as may be prescribed giving a true and full account
of its activities, policy and programmes during the previous
year.
(3) A copy of the report received under
sub-section (2) shall be laid, as soon as may be, after
it is received before each House of Parliament.
|
|
Borrowing
powers of the Governing Board
|
|
25.
Subject to such rules as may be made in this behalf, the
Governing Board shall have the power to borrow on the security
of the properties of Auroville or any other asset for carrying
out the purposes of this Act.
|
|
Accounts
and audit
|
|
26.
(1) The Governing Board shall maintain proper accounts and
other relevant records and prepare an annual statement of
accounts, including the income and expenditure account and
the balance-sheet in such form as may be prescribed by the
Central Government in consultation with the Comptroller
and Auditor General of India.
(2) The accounts of the Foundation shall
be audited by the Comptroller and Auditor General of India
at such intervals as may be specified by him and any expenses
incurred in connection with such audit shall be payable
by the Foundation to the Comptroller and Auditor General.
(3) The Comptroller and Auditor General
of India and any person appointed by him in connection with
the audit of the accounts of the Foundation shall have the
same rights and privileges and authority in connection with
such audit as the Comptroller and Auditor General of India
has in connection with the audit of Government accounts
and, in particular, shall have the right to demand the production
of books, accounts, connected vouchers and other documents
and papers, and to inspect the office of the Foundation.
(4) The accounts of the Foundation,
as certified by the Comptroller and Auditor General of India
or any other person appointed by him in this behalf together
with the audit report thereon shall be forwarded annually
to the Central Government and that Government shall cause
the same to be laid before each House of Parliament.
|
|
Act to have
overriding effect
|
|
27.
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law
for the time being in force or in any instrument having
effect by virtue of any law other than this Act, or in any
decree or order of any court, tribunal or other authority.
|
|
Contracts
to cease to have effect unless ratified by the Foundation
|
|
28.
Every contract entered into by the Society, trust or body
in relation to its undertakings for any service, sale or
supply, and in force immediately before the appointed day,
shall, on and from the expiry of one hundred and eighty
days from that day, cease to have effect unless such contract
is, before the expiry of the said period, ratified in writing
by the
Central Government or, as the case may
be, the Foundation, and in ratifying such contract, the
Central Government or, as the case may be, the Foundation
may make such alterations or modifications therein as it
may think fit:
Provided that the Central Government
or, as the case may be, the Foundation shall not omit to
ratify a contract and shall not make any alteration or modification
therein,-
(a) unless it is satisfied that such
contract is unduly onerous or has been entered into in bad
faith or is detrimental to the interests of the Central
Government or, as the case may be, the Foundation; and
(b) except after giving the parties
to the contract a reasonable opportunity of being heard
and except after recording in writing its reasons for its
refusal to ratify the contract or for making any alteration
or modification therein.
|
|
Penalties
|
|
29.
A person who,-
(a) having in his possession, custody
or control any property forming part of the undertakings
of the Society, trust or body, wrongfully withholds such
property from the Central Government or, as the case may
be, the Foundation or any person or body of persons authorised
by that Government or the Foundation; or
(b) wrongfully obtains possession of,
or retains, any property forming part of any undertakings
of the Society, trust or body or willfully withholds or
fails to furnish to the Central Government or, as the case
may be, the Foundation or any person or body of persons
authorised by that Government or the Foundation, any documents
relating to such undertakings which may be in his possession,
custody or control, or fails to deliver to the Central Government
or, as the case may be, the Foundation or any person or
body of persons authorised by that Government or the Foundation
any assets, books of account, registers or other documents
in his possession, custody or control relating to the undertakings
of the Society, trust or body; or
(c) wrongfully removes or destroys any
property forming part of the undertakings of the Society,
trust or body,
shall be punishable with imprisonment
for a term which may extend to two years, or with fine which
may extend to ten thousand rupees, or with both.
|
|
Protection
of action taken in good faith
|
|
30.
No suit, prosecution or other legal proceedings shall lie
against the Central Government or any officer of that Government
or the Custodian or any officer or other person authorised
by that Government or the Foundation for anything which
is in good faith done or intended to be done under this
Act.
|
|
Power to
make rules
|
|
31.
(1) The Central Government may, by notification, make rules
for carrying out the provisions 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, namely:-
(a) the manner in which and the purpose
for which any person may be associated with the Governing
Board under sub-section (4) of section 11;
(b) the powers and duties which the
Secretary to the Governing Board may perform under sub-section
(1) of section 15;
(c) the control, restrictions and conditions
subject to which the Governing Board may appoint officers
and employees under sub-section (3) of section 15;
(d) the manner in which the register
of residents may be maintained under sub-section (2) of
section 18;
(e) the time within which and the form
and manner in which the Governing Board may furnish returns
and reports under sub-section (1) of section 24;
(f) the form and the date before which
the Governing Board shall submit reports to the Central
Government under sub-section (2) of section 24;
(g) the rules subject to which the Governing
Board shall have the power to borrow under section 25;
(h) any other matter which is to be
or may be prescribed.
|
|
Power to
make regulations
|
|
32.
(1) The Governing Board may make regulations, not inconsistent
with this Act and the rules made thereunder, for enabling
it to discharge its functions under this Act.
(2) Without prejudice to the generality
of the foregoing power, such regulations may provide for
all or any of the following matters, namely:-
(a) the procedure to be followed at
meetings of the Governing Board or at the meetings of the
committees appointed by it and the number of members which
shall form a quorum at such meetings;
(b) the delegation to the Chairman,
other members, Secretary or other officers of the Governing
Board, of any of the powers, duties of the Governing Board
under this Act;
(c) the traveling and other allowances
payable to persons associated under sub-section (4) of section
11 or co-opted under sub-section (2) of section 16;
(d) the pay and allowances and leave
and other conditions of service of officers (other than
those appointed by the Central Government) and other employees
of the Foundation;
(e) the maintenance of the accounts
of the Foundation;
(f) the maintenance of the registers
and other records of the Foundation and its various committees;
(g) the appointment by the Governing
Board of agents to discharge on its behalf any of its functions;
(h) admission or termination of persons
in the register of residents.
(3) No regulation made by the Governing
Board shall have effect until it has been approved by the
Central Government and published in the Official Gazette,
and the Central Government, in approving the regulation,
may make changes therein which appear to it to be necessary.
|
|
Rules and
regulations to be laid before Parliament
|
|
33.
Every rule or regulation made under this Act 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 regulation, or both Houses
agree that the rule or regulation should not be made, the
rule or 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 rule or regulation.
|
|
Power to
remove difficulties
|
|
34.
(1) If any difficulty arises in giving effect to the provisions
of this Act, the Central Government may, by order, not inconsistent
with the provisions of this Act, remove the difficulty:
Provided that no such order shall be
made after the expiry of a period of two years from the
appointed day.
(2) Every order made under this section
shall be laid, as soon as may be after it is made, before
each House of Parliament.
|
|
|
THE SCHEDULE
{See section 2 (1)}
TRUSTS AND BODIES
1. Auroville Trust, Auroville.
2. Artisana Trust, Auroville.
3. Auroservice d'Auroville Trust, Pondicherry.
4. Aurelec Trust, Auroville.
5. Auromitra, Auroville.
6. Centre for Scientific Research, Auroville.
7. Sri Aurobindo International Institute of Educational
Research, Auroville.
8. Altecs Trust, Auroville.
9. New Engineering Trust, Auroville.
10. Auro Trust, Pondicherry.
11. Service Trust, Pondicherry.
12. Auro Press Trust, Pondicherry.
13. New Trust, Pondicherry.
S. RAMAIAH,
Secy. to the Govt. of India.
|
|
|
|
|
|