The Kalakshetra Foundation Act, 1993
Administered Ministry: Ministry of Culture
Section
Section 21 Grants by Central Government to the Foundation. 1 docs
For the purpose of enabling the Foundation to discharge its functions efficiently 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, on such terms and conditions as that Government may determine, by way of grant, loan or otherwise.
Section 22 Fund of the Foundation. 1 docs
(1) The Foundation shall have its own Fund; and all sums which may, from time to time, be paid to it by the Central Government and all receipts of the Foundation (including any sum which the State Government or any other authority or person may pay to the Foundation) shall be credited to the Fund and all payments by the Foundation shall be made therefrom.
(2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Governing Board.
(3) The Foundation may spend such sums as it may think fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Foundation.
Section 23 Budget. 1 docs
The Foundation shall prepare, in such form and at such time each year, as may be prescribed, the budget in respect of the financial year next ensuring showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.
Section 24 Accounts and audit of the Foundation. 1 docs
(1) The Foundation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be approved by the Comptroller and Auditor-General of India.
(2) The accounts of the Foundation shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Foundation to the Comptroller and Auditor-General of India.
(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, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the 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 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 and any expenditure incurred by him in connection with such audit shall be payable by the Foundation to the Comptroller and Auditor-General of India.
(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, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the 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 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 25 Duty to furnish returns, annual reports, etc. 1 docs
(1) The Foundation shall furnish to the Central Government at such time and in such form and in such manner, as may be prescribed, or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the objects of the Foundation, as the Central Government may, from time to time, direct.
(2) Without prejudice to the provisions of sub-section (1), the Foundation shall, as soon as possible after the end of each financial year, submit to the Central Government an annual report in such form and before such date as may be prescribed, giving a true and full account of its activities 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 Foundation shall, as soon as possible after the end of each financial year, submit to the Central Government an annual report in such form and before such date as may be prescribed, giving a true and full account of its activities 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 26 Prior approval of the Central Government for alienation of property. 1 docs
The Foundation shall not, except with the previous approval of the Central Government, sell or otherwise dispose of any property vested in the Foundation.
Section 27 Power of Central Government to give directions to the Foundation. 1 docs
(1) The Central Government may, if it is satisfied that it is necessary so to do in the public interest, issue, for reasons to be recorded and communicated to the Foundation, such directions as it thinks fit.
(2) Without prejudice to the generality of the foregoing powers, such directions may include directions requiring the Foundation--
(a) to make or amend any regulation within such period as may be specified in the direction; and
(b) to give priority to the work undertaken or to be undertaken by the Foundation in such manner as the Central Government may think fit to specify in this behalf.
(3) Any direction issued under this section shall have effect notwithstanding anything contained in any law for the time being in force or in the memorandum or regulations of the Kalakshetra Society.
(2) Without prejudice to the generality of the foregoing powers, such directions may include directions requiring the Foundation--
(a) to make or amend any regulation within such period as may be specified in the direction; and
(b) to give priority to the work undertaken or to be undertaken by the Foundation in such manner as the Central Government may think fit to specify in this behalf.
(3) Any direction issued under this section shall have effect notwithstanding anything contained in any law for the time being in force or in the memorandum or regulations of the Kalakshetra Society.
Section 28 Dissolution of the Foundation. 1 docs
(1) The Central Government may, by notification and for reasons to be specified therein, dissolve, the Foundation 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.
(2) When the Foundation is dissolved under sub-section (1),--
(a) all members of the Governing Board, Academic Committee and the Finance Committee, 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 Governing Board, Academic Committee and the Finance Committee 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 and assets 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.
(2) When the Foundation is dissolved under sub-section (1),--
(a) all members of the Governing Board, Academic Committee and the Finance Committee, 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 Governing Board, Academic Committee and the Finance Committee 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 and assets 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 29 Protection of action taken in good faith. 1 docs
No suit, prosecution or other legal proceeding shall lie against the Central Government or any officer of that Government or the Foundation or Member or Director or any officer of the Foundation for anything which is in good faith done or intended to be done under this Act.
Section 30 Indemnity. 1 docs
Every Member of the Governing Board, Academic Committee and the Finance Committee and the Director of the Foundation shall be indemnified by the Foundation against all losses and expenses incurred by them in relation to the discharge of their duties, except such as are caused by their wilful act or default.
Section 31 Power to make rules. 1 docs
(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 allowances to the Members under sub-section (5) of section 12;
(b) the powers which the Governing Board shall exercise and the functions which it shall discharge under sub-section (2) of section 14;
(c) functions to be performed by the Finance Committee, under clause (iv) of section 18;
(d) the salary and allowances and other terms and conditions of service of the Director under sub-section (3) of section 19;
(e) the form and the manner in which the budget is to be prepared by the Governing Board under section 23;
(f) the form and the manner in which, and the time at which, the returns, statements and the annual report shall be prepared under section 25;
(g) any other matter which has 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 allowances to the Members under sub-section (5) of section 12;
(b) the powers which the Governing Board shall exercise and the functions which it shall discharge under sub-section (2) of section 14;
(c) functions to be performed by the Finance Committee, under clause (iv) of section 18;
(d) the salary and allowances and other terms and conditions of service of the Director under sub-section (3) of section 19;
(e) the form and the manner in which the budget is to be prepared by the Governing Board under section 23;
(f) the form and the manner in which, and the time at which, the returns, statements and the annual report shall be prepared under section 25;
(g) any other matter which has to be, or may be, prescribed.
Section 32 Power to make regulations. 1 docs
(1) The Foundation 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 management of the properties and funds, affairs and works of the Foundation;
(b) the procedure in regard to transaction of business of the Governing Board and the Academic Committee (including quorum at their meetings) and the transaction of business of the Finance Committee under sub-section (3) of section 13, sub-section (3) of section 15 and sub-section (2) of section 17;
(c) creation or abolition of posts and the procedure for appointment of the professional, administrative and ministerial staff;
(d) the tenure of office and other terms and conditions of the members of the Academic Committee under sub-section (2) of section 15; and
(e) the maintenance of accounts, registers and other records of the Foundation.
(3) No regulation made by the Foundation 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. 1 docs
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 34 Power to remove difficulties. 1 docs
(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 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 such order shall be made after the expiry of a period 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 35 Repeal and saving. 1 docs
(1) The Kalakshetra Foundation Ordinance, 1993 (Ord. 31 of 1993) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.