The Lalit Kala Akadami (Taking Over of Management) Act, 1997

Summary of the Lalit Kala Akademi (Taking Over of Management) Act, 1997
Key Provisions
1. Takeover of Management: - The management of the Lalit Kala Akademi vests in the Central Government for 3 years, extendable up to 5 years if necessary.
• Includes control over all assets, rights, and properties.
2. Administrator: - The Central Government appoints an Administrator to manage the Akademi.
• The Administrator has broad powers, including managing finances, disposing of assets, and initiating legal proceedings.
• Must account for all properties, documents, and assets to the Administrator.
3. Impact on Existing Contracts and Positions: - All contracts related to the management terminate upon the Act's commencement.
• All persons in charge (Chairman, Vice-Chairman, Secretary, members of councils, etc.) vacate their offices.
4. Other Key Points: - No Right to Compensation for premature termination of contracts (Section 5).
• Repeal and Saving: Repeals the corresponding Ordinance, with actions taken under it deemed as under this Act (Section 16).

Legislative History:

The Lalit Kala Akadami (Taking Over of Management) Act, 1997

Short Title The Lalit Kala Akadami (Taking Over of Management) Act, 1997

Act Number / Year 17 of 1997

Act ID (India Code) 199717

Presidential Assent / Enactment Date March 25, 1997

Enforcement Date January 24, 1997

Nodal Ministry Ministry of Culture

Precedent & Statutory Rationale

• Administrative Breakdown and Mismanagement of Cultural Bodies:

o Originally set up as an apex visual arts body by a Parliamentary Resolution on August 5, 1954, and registered as a society in 1957, the Lalit Kala Akadami functioned with administrative autonomy despite being wholly funded by the Government of India.

o Following extensive complaints from parliamentarians and the public regarding fund misappropriation and administrative dysfunction, a committee chaired by Shri P.N. Haksar was established in 1988. The Haksar Committee exposed systemic flaws, prompting urgent intervention to prevent further deterioration of India's premier arts institution.

• Legislative Intervention and Regularization:

o Enacted in the 48th Year of the Republic of India, the 1948-style statutory precedent enabled the Central Government to temporarily take over the management, assets, and properties of the Akadami for a limited duration in the public interest.

o The core objectives include superseding the dysfunctional General Council and Executive Board, appointing an official Administrator to restore institutional integrity, stabilizing electoral rolls for artists, and safeguarding public funds and national art heritage.

Parliamentary Trajectory & Enactment

• Formulation: Drafted and processed following exhaustive investigative findings into national academies, initially given legal effect via ordinance measures before being formalized into a regular parliamentary enactment to overcome administrative deadlocks.

• Parliamentary Passage: Introduced in Parliament during the budget session of 1997, passed by both houses, and granted formal presidential assent on March 25, 1997.

• Enforcement: Enforced on January 24, 1997.

• Source: India Code, Ministry of Culture Official Records, and Parliament of India Records.