The Indian Council of World Affairs Act, 2001
Administered Ministry: Ministry of External Affairs
Section
Section 21 Annual report.
The Council shall prepare every year, in such form and at such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
Section 22 Authentication of orders and instruments of Council.
All orders and decisions of the Council shall be authenticated by the signature of the President or the Vice-President and all other instruments issued by the Council shall be authenticated by the signature of the Director-General or any other officer of the Council authorised by the Council in this behalf.
Section 23 Vacancy, etc., not to invalidate proceedings of the Council.
No act or proceeding of the Council, Governing Body or any standing or ad hoc committee under this Act shall be invalid merely by reason of--
(a) any vacancy in, or any defect in the constitution of, the Council; or
(b) any defect in the appointment of a person acting as a member of the Council; or
(c) any irregularity in the procedure of the Council not affecting the merits of the case.
(a) any vacancy in, or any defect in the constitution of, the Council; or
(b) any defect in the appointment of a person acting as a member of the Council; or
(c) any irregularity in the procedure of the Council not affecting the merits of the case.
Section 23A Transitory provision.
1[23A. Transitory provision.-- For the removal of doubts, it is hereby declared that till the constitution of a Council in terms of sub-section (2) of section 7, the Council referred to in sub-section (1) thereof shall be deemed to have been a Council for the purposes of this Act notwithstanding anything contrary contained in any provision of this Act:
Provided that anything done or any action taken or any proceeding initiated under any provision of this Act or rules or regulations made there under shall not be called in question before any court or other authority because of non-existence of a Council in terms of sub-section (2) of section 7.]
Provided that anything done or any action taken or any proceeding initiated under any provision of this Act or rules or regulations made there under shall not be called in question before any court or other authority because of non-existence of a Council in terms of sub-section (2) of section 7.]
1. Ins. by Act 5 of 2004, s. 4 (w.e.f. 7-1-2004).
Section 24 Reports, returns and information.
The Council shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.
Section 25 Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry 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 of filling vacancies among members under sub-section (7) of section 8;
(b) the powers and functions to be exercised and discharged by the President and the Vice-Presidents under sections 9 and 10, as the case may be;
(c) the allowances to be paid to the members under section 11;
(d) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 14;
(e) the number of other officers and employees that may be appointed by the Council and the manner of such appointment under sub-section (5) of section 15;
(f) the salaries and allowances payable to the Director-General and other officers and employees of the Council under sub-section (6) of section 15;
(g) such other functions to be performed by the Council under section 16;
(h) the form in which and the time at which the budget shall be prepared by the Council and the number of copies thereof to be forwarded to the Central Government under section 19;
(i) the form in which an annual statement of accounts including the balance-sheet shall be prepared by the Council under sub-section (1) of section 20;
(j) the form in which and the time at which the annual report of the activities of the Council shall be submitted to the Central Government under section 21;
(k) any other matter which has to be or may be prescribed by rules.
(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 of filling vacancies among members under sub-section (7) of section 8;
(b) the powers and functions to be exercised and discharged by the President and the Vice-Presidents under sections 9 and 10, as the case may be;
(c) the allowances to be paid to the members under section 11;
(d) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 14;
(e) the number of other officers and employees that may be appointed by the Council and the manner of such appointment under sub-section (5) of section 15;
(f) the salaries and allowances payable to the Director-General and other officers and employees of the Council under sub-section (6) of section 15;
(g) such other functions to be performed by the Council under section 16;
(h) the form in which and the time at which the budget shall be prepared by the Council and the number of copies thereof to be forwarded to the Central Government under section 19;
(i) the form in which an annual statement of accounts including the balance-sheet shall be prepared by the Council under sub-section (1) of section 20;
(j) the form in which and the time at which the annual report of the activities of the Council shall be submitted to the Central Government under section 21;
(k) any other matter which has to be or may be prescribed by rules.
Section 26 Power to make regulations. 2 docs
(1) The Council may make regulations consistent with the provisions of this Act and the rules to carry out the provisions of 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 summoning and holding of meetings, other than the first meeting of the Council, the time and place where such meetings are to be held and the transaction of business at such meetings under section 12;
(b) the powers and functions to be exercised and discharged by the Governing Body and the Chairperson under sub-sections (2) and (3) of section 14;
(c) the procedure to be followed by the Governing Body in exercise of its powers and discharge of its functions and the term of office of, and the manner of filling vacancies among, the members of the Governing Body under sub-section (4) of section 14;
(d) the allowances to be paid to the Chairperson and members of the Governing Body, standing and ad hoc committees under sub-section (6) of section 14;
(e) the powers and functions to be exercised and discharged by the Director-General under sub-section (3) of section 15;
(f) the conditions of service of the Director-General and other officers and employees of the Council under sub-section (6) of section 15;
(g) any other matter which has to be or may be prescribed by regulations.
(3) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Governing Body and any regulations so made may be altered or rescinded by the Council in exercise of its powers under sub-section (1).
(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 summoning and holding of meetings, other than the first meeting of the Council, the time and place where such meetings are to be held and the transaction of business at such meetings under section 12;
(b) the powers and functions to be exercised and discharged by the Governing Body and the Chairperson under sub-sections (2) and (3) of section 14;
(c) the procedure to be followed by the Governing Body in exercise of its powers and discharge of its functions and the term of office of, and the manner of filling vacancies among, the members of the Governing Body under sub-section (4) of section 14;
(d) the allowances to be paid to the Chairperson and members of the Governing Body, standing and ad hoc committees under sub-section (6) of section 14;
(e) the powers and functions to be exercised and discharged by the Director-General under sub-section (3) of section 15;
(f) the conditions of service of the Director-General and other officers and employees of the Council under sub-section (6) of section 15;
(g) any other matter which has to be or may be prescribed by regulations.
(3) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Governing Body and any regulations so made may be altered or rescinded by the Council in exercise of its powers under sub-section (1).
Section 27 Rules and regulations to be laid before Parliament.
Every rule and every 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 28 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(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 order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 28A Power to remove difficulties.
1[28A. Power to remove difficulties.-- If any difficulty arises in giving effect to the provisions of the Indian Council of World Affairs (Amendment) Act, 2003 (5 of 2004), the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of the Indian Council of World Affairs (Amendment) Act, 2003 (5 of 2004).
(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 commencement of the Indian Council of World Affairs (Amendment) Act, 2003 (5 of 2004).
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]
1. Ins. by Act 5 of 2004, s. 5 (w.e.f. 7-1-2004).
Section 29 Repeal and saving.
(1) The Indian Council of World Affairs (Second) Ordinance, 2001 (Ord. 3 of 2001) is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.