The Auroville Foundation Act, 1988
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 21 Advisory Council.
(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 fulfilment 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.
(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 fulfilment 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.
Section 22 Dissolution of the Foundation.
(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.
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.
Section 23 Grant by Central Government to the Foundation. 1 docs
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.
Section 24 Duty to furnish returns, etc.
(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.
(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.
Section 25 Borrowing powers of the Governing Board.
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.
Section 26 Accounts and audit.
(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 officer 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.
(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 officer 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.
Section 27 Act to have overriding effect.
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.
Section 28 Contracts to cease to have effect unless ratified by the foundation.
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.
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.
Section 29 Penalties.
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 undertaking of the Society, trust or body or wilfully 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.
(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 undertaking of the Society, trust or body or wilfully 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.
Section 30 Protection of action taken in good faith.
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.
Section 31 Power to make rules.
(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.
(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.
Section 32 Power to make regulations. 1 docs
(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 travelling 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.
(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 travelling 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.
Section 33 Rules and regulations to be laid before Parliament.
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.
Section 34 Power to remove difficulties.
(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.
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.