act 006 of 1994 : Kalakshetra Foundation Act, 1993

(1) This Act may be called the Kalakshetra Foundation Act, 1993.

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(2) It shall be deemed to have come into force on the 29th day of September, 1993.

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Whereas the objects of the institution known as Kalakshetra at Adyar, Madras in the State of Tamil Nadu, founded by the late Thirumathi Rukmini Devi Arundale, are such as to make the institution one of national importance, it is hereby declared that the institution known as Kalakshetra is an institution of national importance.

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In this Act, unless the context otherwise requires,--

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(a) "Academic Committee" means the Academic Committee constituted under section 15;

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(b) "appointed day" means the date on which the Foundation is established under sub-section (1) of section 8;

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(c) "Board of Trustees" means the Board of Trustees managing the affairs of Kalakshetra under the "scheme writ" approved by the Madras High Court in petition No. 716 of 1985;

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(d) "constituent units means the units of Kalakshetra specified in the First Schedule;

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(e) "Director" means the Director appointed under sub-section (1) of section 19;

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(f) "Finance Committee" means the Finance Committee constituted under sub-section (1) of section 17;

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(g) "Foundation" means the Kalakshetra Foundation established under sub-section (1) of section 8;

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(h) "Fund" means the Fund of the Foundation referred to in section 22;

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(i) "Governing Board" means the Governing Board constituted under section 11;

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(j) "Kalakshetra" means the institution known as Kalakshetra founded by the late Thirumathi Rukmini Devi Arundale, situated at Adyar, Madras, and includes its constituent units;

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(k) "notification" means a notification published in the Official Gazette;

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(l) "Member" means a Member of the Governing Board and includes the Chairperson thereof;

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(m) "prescribed" means prescribed by rules made under this Act;

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(n) "regulations" means regulations made under section 32;

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(o) "Schedule" means a Schedule annexed to this Act;

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(p) "State Government" means the Government of Tamil Nadu.

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On the commencement of this Act, the right, title and interest in relation to the assets and properties of Kalakshetra specified in the Second Schedule and vested in the Board of Trustees or any other body, in whatever capacity, shall Stand transferred to, and vest in, the Central Government.

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(1) The right, title and interest vested in the Central Government under section 4 shall be deemed to include all the assets, rights, leaseholds, powers, authorities, licences and privileges; all property (movable and immovable) including lands and buildings; musical instruments; equipments used in teaching, training and staging of performing arts; tools and facilities used in arts and crafts; costumes and decorative items; books; stationery, furniture and other equipments used in libraries and laboratories; works of art and artefacts; stores, automobiles and other vehicles; workshops; cash balances, funds including reserve funds, investments and all other rights and interests arising out of such assets and properties as were immediately before the commencement of this Act in the possession ownership, power or control of the Board of Trustees or any other body, in whatever capacity, and all books of account, registers, maps, plans and all other documents of whatever nature relating thereto.

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(2) All assets and properties as aforesaid which have vested in the Central Government under section 4 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them or of any attachment, injunction, decree or order of any court or other authority restricting the use of such assets or properties in any manner, or appointing any receiver in respect of the whole or any part of such assets and properties shall be deemed to have been withdrawn.

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(3) Any licence, permission, authority, concession, facility, privilege, affiliation or any other instrument of similar nature granted to the Board of Trustees or any other body, in whatever capacity, in relation to the assets and properties of Kalakshetra or any of its constituent units which has vested in the Central Government under section 4, at any time before the commencement of this Act and in force immediately before such commencement, shall continue to be in force on and after such commencement in accordance with its tenor in relation to, and for purposes of, such assets and properties, or where the direction under section 6 has been issued, the Foundation shall be deemed to be substituted in such licence, permission, authority, concession, facility, privilege affiliation or other instrument, as if it had been granted to the Foundation and the Foundation shall hold it for the remainder of the period for which the Board of Trustees or any other body, in whatever capacity, would have held it under the terms thereof.

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(4) If, on the commencement of this Act, any suit, appeal or other proceeding of whatever nature in relation to any assets or properties which have vested in the Central Government under section 4, instituted or preferred by the Board of Trustees is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of such transfer and vesting, or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced, by the Central Government or where the right, title and interest in relation to such assets and properties are directed under section 6 to vest in the Foundation, by the Foundation.

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(1) Notwithstanding anything contained in sections 4 and 5, the Central Government shall direct, by notification, that the right, title and interest in relation to the assets and properties of Kalakshetra, which had vested in it under section 4, shall vest in the Foundation on such date, not being a date earlier than the date of commencement of this Act, as may be specified in the notification.

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(2) On and from the date of vesting of the right, title and interest in relation to the assets, and properties of Kalakshetra in the Foundation under sub-section (1),--

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(a) the Foundation shall be deemed to have become the owner of the assets and properties; and

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(b) the rights and liabilities of the Central Government, in relation to such assets and properties shall be deemed to have become the rights and liabilities respectively of the Foundation.

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(1) On the vesting in the Central Government of the assets and properties of Kalakshetra, all persons in charge of the managementof the said assets and properties immediately before the date of such vesting, shall be bound to deliver to the Central Government or to the Foundation or to such person or body of persons as the Central Government or the Foundation may specify in this behalf, all assets, properties, books of account, registers or other, documents in their custody relating to the assets and properties of Kalakshetra.

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(2) Every person who has, in his possession or control any assets, properties, books, documents or other papers relating to Kalakshetra which have vested in the Central Government or the Foundation under this Act, and which belong to, Kalakshetra or would have so belonged if Kalakshetra had not vested in the Central Government or the Foundation, shall be liable to account for the said assets, properties, books, documents and 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.

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(3) The Central Government shall take or cause to be taken all necessary steps for securing possession of assets and properties of Kalakshetra which have vested in it under section 4.

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(1) With effect from such date as the Central Government may, by notification, appoint in this behalf there shall be established a Foundation to be called the Kalakshetra Foundation.

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(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.

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(3) The office of the Foundation shall be located at Thiruvanmiyur, Madras.

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The objects of the Foundation shall be,--

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(i) to emphasise the essential unity of all true arts;

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(ii) to work for the recognition of the arts as vital to the individual, national and international growth;

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(iii) to maintain the highest traditions of art and culture in their pristine purity and in conformity with traditions;

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(iv) to arrange for the training, research, study, teaching and development of art and science, music, dance-drama, fine arts, and Bharat-Natyam; and

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(v) to ensure that the principles of "education without fear" and "art without vulgarity" are adhered to in the activities of the Foundation and not to permit any deviation from these high ideals

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(1) The Foundation shall consist of the following, authorities, namely:--

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(a) the Governing Board;

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(b) the Academic Committee; and

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(c) the Finance Committee.

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(2) In the discharge of functions and exercise of powers under this Act, the authorities referred to in sub-section (1) shall be guided by the objects specified in section 9.

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The Governing Board shall consist of--

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(a) a Chairperson, who shall be a person of high eminence in public life, to be appointed by the Central Government;

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(b) not more than twelve Members to be nominated by the Central Government from amongst persons who--

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(i) have rendered valuable service to Kalakshetra;

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(ii) have been connected with, or have knowledge of art, culture, folk arts and crafts;

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(iii) are eminent artistes; and

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(iv) are patrons of art and culture;

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(c) two persons, possessing one or more of the qualifications referred to in sub-clauses (i) to (iv) of clause (b), to be nominated by the State Government;

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(d) two officers of the Central Government, not below the rank of a Deputy Secretary, to be nominated by that Government, to represent the Ministry of the Central Government dealing with culture, ex officio;

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(e) one officer of the State Government, not below the rank of Joint Secretary, to be nominated by that Government, to represent the Department of Education of that Government, ex officio; and

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(f) the Director, ex officio.

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(1) The term of office of the Members shall be five years from the date of constitution of the Governing Board.

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(2) If a casual vacancy occurs in the office of a Member nominated under clause (b) or clause (c) of section 11, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by making fresh nomination and the Member so nominated shall hold office for the remainder of the term of office of the Member in whose place he is so nominated.

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(3) An outgoing, Member shall be eligible for re-nomination.

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(4) A Member may resign his office by writing under his hand addressed to the Central Government but shall continue in office until his resignation is accepted by that Government.

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(5) The Members nominated under clauses (b) and (c) of section 11, shall be entitled to such allowances as may be prescribed.

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(1) The Governing Board shall meet at least twice in a year at Madras at such time as may be fixed by the Chairperson of the Governing Board.

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(2) All decisions at the meeting of the Governing Board shall be taken by majority of the Members present and voting:

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Provided that in the case of equality of votes the Chairperson of the Governing Board shall have a casting vote.

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(3) The Governing Board shall observe such procedure in regard to the transaction of its business at its meetings (including the quorum at its meetings) as may be specified by regulations.

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(4) No act or proceeding of the Governing Board shall be invalid merely by reason of--

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(a) any vacancy in, or any defect in the constitution of, the Governing Board; or

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(b) any defect in the nomination of a person acting as a Member of the Governing Board; or

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(c) any irregularity in the procedure of the Governing Board not affecting the merits of the case.

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(1) The Governing Board shall be the supreme authority of the Foundation and the general superintendence, direction and management of the affairs of the Foundation shall vest in the Governing Board.

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(2) The Governing Board shall exercise such powers and discharge such functions as may be prescribed.

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(1) The Academic Committee shall consist of--

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(a) the Director;

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(b) the Heads of the constituent units;

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(c) three distinguished persons in the field of art and culture including dance, music, folk arts and crafts, to be nominated by the Central Government; and

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(d) one person to be nominated by the State Government, representing the Department of Education of that Government.

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(2) The tenure of office and other terms and conditions of the members of the Academic Committee shall be such as may be specified by regulations.

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(3) The Academic Committee shall observe such procedure in regard to the transaction of its business at its meetings (including the quorum at the meetings) as may be specified by regulations.

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The Academic Committee shall be responsible for the maintenance of standards of education, training and examination conducted by the constituent units and shall exercise such other powers and perform such other functions as may be assigned to it, from time to time, by the Governing Board.

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(1) The Finance Committee shall consist of--

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(a) the Financial Adviser to the Government of India or his nominee in the Ministry of the Central Government dealing with culture;

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(b) an officer of the Central Government, not below the rank of a Deputy Secretary, to be nominated by that Government;

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(c) an officer of the State Government not below the rank of a Deputy Secretary, to be nominated by that Government, representing the Department of Finance of that Government; and

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(d) the Director.

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(2) The Finance Committee shall observe such procedure in regard to the transaction of the business at its meetings as may be specified by regulations.

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The Finance Committee shall--

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(i) scrutinise the annual statement of accounts and budget estimates of the Foundation prepared by the Director and make recommendations to the Governing Board;

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(ii) prescribe the limits of the recurring and non-recurring expenditure of the Foundation for each financial year;

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(iii) review the financial position of the Foundation from time to time and have an internal audit conducted; and

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(iv) perform such other functions as may be prescribed.

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(1) The Central Government shall, by notification, appoint a Director who shall be the principal executive officer of the Foundation and who shall be responsible for the proper administration of the affairs of the Foundation and its day-to-day management and shall exercise such other powers and perform such other duties as may be assigned to him by the Governing Board.

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(2) The Director shall prepare the annual statement of accounts and budget estimates of the Foundation for scrutiny by the Finance Committee.

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(3) The Director shall be a whole time employee of the Foundation and shall be entitled to such salary and allowances out of the Fund and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters, as may be prescribed.

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On and from the appointed day, every officer or other employee, employed immediately before the appointed day in connection with the affairs of Kalakshetra shall become an officer or other employee of the Foundation and shall hold office by the same tenure and remuneration and on the same terms and conditions as to pension, gratuity and other matters as he would have held under the Board of Trustees or any other body, in whatever, capacity, if this Act had not been passed and shall continue to do so, unless and until his employment in the Foundation is terminated or until his tenure, remuneration and other terms and conditions are duly altered by the Foundation:

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Provided that the tenure, remuneration and other terms and conditions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the Central Government.

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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.

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(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 to 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.

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(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.

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(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.

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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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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

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(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.

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The Foundation shall not, except with the previous approval of the Central Government, sell or otherwise dispose of any property vested in the Foundation.

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(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.

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(2) Without prejudice to the generality of the foregoing powers, such directions may include directions requiring the Foundation--

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(a) to make or amend any regulation within such period as may be specified in the direction; and

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(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.

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(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.

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(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:

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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.

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(2) When the Foundation is dissolved under sub-section (1),--

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(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;

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(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;

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(c) all properties and assets vested in the Foundation shall, during the period of dissolution, vest in the Central Government; and

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(d) as soon as the period of dissolution expires, the Foundation shall be reconstituted in accordance with the provisions of this Act.

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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.

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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.

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(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

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(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:--

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(a) the allowances to the Members under sub-section (5) of section 12;

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(b) the powers which the Governing Board shall exercise and the functions which it shall discharge under sub-section (2) of section 14;

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(c) functions to be performed by the Finance Committee, under clause (iv) of section 18;

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(d) the salary and allowances and other terms and conditions of service of the Director under sub-section (3) of section 19;

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(e) the form and the manner in which the budget is to be prepared by the Governing Board under section 23;

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(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;

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(g) any other matter which has to be, or may be, prescribed.

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(1) The Foundation may make regulations, not inconsistent this Act and the rules made thereunder, for enabling it to discharge its functions under this Act:

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(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--

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(a) the management of the properties and funds, affairs and works of the Foundation;

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(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;

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(c) creation or abolition of posts and the procedure for appointment of the professional, administrative and ministerial staff;

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(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

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(e) the maintenance of accounts, registers and other records of the Foundation.

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(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.

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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.

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(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:

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Provided that no such order shall be made after the expiry of a period of two years, from the commencement of this Act.

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(2) Every order made under this section shall be laid as soon as may be after it is made, before each House of Parliament.

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(1) The Kalakshetra Foundation Ordinance, 1993 (Ord. 31 of 1993) is hereby repealed.

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(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.

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