1. (1) This Act may be called the Indian Council of World Affairs Act, 2001.
(2) Save as otherwise provided in this Act, it shall be deemed to have come into
force on the Ist day of September, 2000.
Shhort titde and
Decleration
the
Council of
2 THE GAZETTE OF INDIA EXTRAORDINARY [PAR:11-
of 2. Whereas the objects of the Indian Council of World Affairs, a socicty registered
Indian under the Societies Registration Act, 1860 are such as to make the institution one of
WorldAffars national importance, it is hereby declared that the institution, known as the Indian Council
irstitution of of Worid Affairs, is an institution of national importance.
nadonel
importancс.
Definiuens.
Incorporation
of the Council.
Transfer of
assets and
liabilities of the
existing Council
to the Council
3. In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date of commencement of this Act;
(b) "Chairperson" means the Chairperson of the Governing Body:
(c) "Council" means the Indian Council of World Affairs incorporated under
section 4:
(J) "Director-General" means the Director-General of the Council:
201
(e) "existing Council" means the Indian Council of World Affairs, a society
registered under the Socicties Registration Act, 1860 and functioning as such 21 of
immediately before the appointed day;
(0) "Fund" means the Fund of the Council referred to in section 18;
(g) "Goveming Body" means the Governing Body of the Council;
(h) "member" means a member of the Council and includes the President and
Vice-President:
() "President" means the President of the Council:
() "regulations" means the regulations made under this Act;
(k) "rules" means the rules made under this Act;
(1)"Vice-Presidents" means the Vice-Presidents of the Council.
4. (1) The Indian Council of World Affairs is hereby constituted as a body cerporate
by the name of the Indian Council of World Affairs and as such body corporate it shall
have perpetual succession and a common seal with power, subject to the provisions of this
Act, to acquire, hold and dispose of property, both movable and immovable, and to contract
and shall by that name sue and be sued.
(2) The head office of the Council shall be at Delhi and the Council may, with the
previous approval of the Central Govermment, establish branches at other places in India.
5. (/) On and from the appointed day,-
(3) all properties and other assets vested in the existing Council immediztely
before that day, shall vest in the Council;
(b) all debts, obligations and liabilities incurred, all contracts entered inte and
all niatters and things engaged to be done by, with or for the existing Council
immediately before that day for or in connection with the purposes of the existing
Council, shail be deemed to have been incurred, entered into and engaged to be done
by, with or for the Council;
(c) all sums of money due to the existing Council, immediately before that day,
shall be deemed to be due to the Council;
(d) all suits and other legal proceedings instituted or which could have been
instituted by or against the existing Council, immediately before that day, may be
continued or instituted by or against the Council; and
(c) every employce holding any office under the existing Council immediately
before that day, shall, on that day, hold his office or service under the Council with
the same rights and privileges as to pension, gratuity and other matters as wouid
have been admissible to him if there had been no such vesting; and shall continue to
do so unless and until his employment under the Council is duly terminated or until
his remuneration and other conditions of service are duly altered by the Council.
リス1
St. 11
194
THE GAZETTE OF INDIA EXTRAORDINARY
(2) Notwithistanding anything contained in the Industrial Disputes Act, 1947 or in
any other law for the time being in force, the absorption of any employee by the Council is
its regular service under this section shall not entitle such employee to any compensation
under that Act or any other law and no such claim shall be entertained by any court, tribunal or other authority.
6. (1) Every person having possession, custody or control of property forming part of the properties and other assets referred to in clause (a) ofsub-section (1) of section 5 shall
deliver forthwith such property to the Director-General.
(2) Any person incharge of the property and other assets of the existing Council immediately before the commencement of this Act shall, within ten days from that day,
furnish to the Director-General a complete inventory of all properties and assets (including
particulars of book debts and investments and belongings) immediately before the
commencement of this Act and also of all agreements entered into by the existing Council
or any person on its behalf.
7.(1) On and from the 1st day ofSeptember, 2001 and until the appointment of date under sub-section (2), the Council shall consist of the following members, namely:-
(a) the Vice-President of India, who shail be President, ex officio,
(b) the Prime Minister of India;
(c) the speaker of the Lok Sabha;
() the Leader ofthe House, Rajya Sabha,
(e) the Leader of the Opposition, Lok Sabha;
(1) the Leader of the Opposition, Rajya Sabha.
(2) On and from such date as may be appointed by the Central Government by notification in the Official Gazette which shall not be later than three months from the
date of assent by the President of the Indian Council of World Affairs Bill, 2001, the
Council shall consist ofthe following members, namely:-
(a) the Vice-President of India, who shall be the President, ex officio,
(b) three Vice-Presidents as may be nominated by the Council;
(c) a Director-General to be nominated by the Council;
(d) five members of the Lok Sabha to be nominated by the Speaker of the Lok
Sabha and three members of the Rajya Sabha to be nominated by the Chairman of
the Rajya Sabha;
(e) seven members, who are distinguished in the field of diplomacy, intemational
affairs, international law, Multilateral or United Nations affairs, security and
disarmament to be nominated by the Council;
(1) seven members, who are representatives (of which at least two shall be the
Vice-Chancellors) of Universities or research institutions of higher learning from
amongst experts in the fields of history, economics and other social sciences to be
nominated by the Council;
(g) seven members, who are either media personalities or representatives of
organisations such as India International Centre, Centre for Policy Research, Indian
Council ofSocial Science Research, Institute of Defence Studies and Analyses, Indian
Council of Cultural Relations, and interested in the work and objectives of the Council
to be selected by the Governing Body of the Council;
3
Obligauea t
transfer
pruperty o
asscis
Composstion of
the Ceuncil.
THE GAZETTE OF INDIA EXTRAORDINARY [PPANY ITerm of offes
and vacancies
amony
mber
Powers and
functions of
President
(h) five members who are representatives of Business or Chambers of
Commerce, Federation of Indian Chambers of Commerce and Industry, Confederation
of Indian Industry, Associated Chambers of Commerce and Industry of India,
Federation of Indian Export Organisations to be nominated by the Governing Body
of the Council;
(1) three members from the Ministry of External Affairs, ex officio [ Foreign
Secretary, Financial Advisor, and Dean (Foreign Service Institute)}. to be nominated
by the Chairperson ofthe Governing Body;
(i) five members to be nominated by the Central Govermment to represent
respectively the Ministries of the Central Government dealing with Education.
Culture, Urban Development, Science and Technotogy and Defence, ex officio
(3) It is hereby declared that the office ofthe member of the Council shall not disqualify
its holder for being chosen as, or for being, a Member of either House of Parliament.
he
(4) A person shall be disqualified for being nominated or selected as a member if
(a) has been convicted and sentenced to imprisonment for an offence which, inn
the opinion of the Central Government, involves moral turpitude; or
(b) is an undischarged insolvent, or
(c) is of unsound mind and stands so declared by a competent court.
8. (/) Save as otherwise provided in this section, the term of office of a member shall
be three years from the date of his nomination.
(2) The term of office of the member nominated to fill a casual vacancy shall continue
for remainder of the term of the member in whose place he is nominated.
(3) A member shall, untess the Central Govermment otherwise directs, continue in
office until another person is nominated as a member in his place.
(4) The Central Govermment shall remove a member if he--
(a) becomes subject to any of the disqualifications mentioned in sub-section
(4) of section 7; or
(b) refuses to act or becomes incapable of acting: or
(c) is, without obtaining leave of absence from the Council, absent from three
consecutive mectings of the Council; or
(d) in the opinion of the Central Government, has so abused his position as to
render his continuance in office detrimental to the public interest:
Provided that no member shall be removed under this clause unless he has
been given a reasonable opportunity ofbeing heard in the matter.
(5) A member shall, unless disqualified under sub-section (4) of section 7, be eligible
for re-nomination.
(6) A member may resign from his office by writing under his hand addressed to the
Central Government but shall continue in his office until his resignation is accepted by
that Government.
(7) The manner of filling vacancies among members shall be such as may be prescribed
by rules.
9. The President shall exercise such powers and discharge such functions as are laid
down in this Act or as may be prescribed by rules.
Powers and 10. The Vice-Presidents shall exercise such of the powers and perform such of the
lunctions ofVice functions of the President as may be prescribed by rules or as may be delegated to him by Presidents the President.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY S
11. Members shall receive such aliowances, if any, from the Council as may be
prescribed by rules.
12. The Council shall hold its first meeting at such time and place as may be appomted
by the Central Government and shall observe such rules of procedure in regard to the
transaction of business at the first meeting as may be laid down by that Governnent; and
thereafter the Council shal! meet at such times and places and ebserve such rules ofprocedure
in regard to the transaction of business at its meetings as may be prescribed by regulations.
13. The objects of the Council shall be
(a) to promote the study of Indian and international affairs so as to develop a
body of informed opinion on international matters;
(b) to promote India's relations with other countries through study, research.
discussion, lectures, exchange of ideas and information with other organisations
within and outside India engaged in similar activities:
(c) to serve as a clearing house of information and knowledge regarding world
affairs,
(d) to publish books, periodicals, joumals, reviews, papers, pamphlets and
other literature on subjects covered under clauses (a) and (b);
(e) to establish contacts with organisations prometing objects mentioned in
this section;
(1) to arrange conferences and seminars to discuss and study the Indian policy
towards international affairs; and
(g) to undertake such other activities for the promotion of ideas and attainment
of the above-mentioned objects.
14. (1) There shall be a Governing Body of the Council which shall be constituted
by the Council.
(2) The Governing Body shall be the executive committee of the Council and shall
exercise such powers and discharge such functions as the Council may, by regulations
made in this behalf, confer or impose upon it.
(3) On and from such date as may be appointed by the Central Government by
notification in the Official Gazette, the Vice-President of India, ex officio shall be the
Chairperson of the Governing Body and shall exercise such powers and discharge such
functions as may be prescribed by regulations.
(4) The procedure to be followed by the Goverming Body in the 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, shall be such as may be prescribed by
regulations.
(5) Subject to such control and restrictions as may be prescribed by rules, the Council
may constitute as many standing committees and as many ad hoc committees as it thinks
fit for exercising any power or discharging any function of the Council or for inquiring
into, or reporting or advising upon, any matter which the Council may refer to them.
(6) The Chairperson and members of the Goveming Body or a standing committee
or an ad hoc committee shall receive such allowances as may be prescribed by regulations.
15. (1) There shall be a chief executive officer of the Council who shall be designated
as the Director-General and shall be appointed by the Council.
(2) The Director-General shall act as the Secretary to the Council as well as to the
Goveming Body.
Aliowa
Meenag
Obircis
Coung
faonemo
Body and oth
corumittees of
Counc
Stafl of
Cеu
Functions of
Counci!
Payment to
Council.
Fund of
Couneal
Budgero
Cruncil
Aednunts and
1ufie
6
THE GAZETTE OF INDIA EXTRAORDINARY FART1-
3) The Director-General shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the Council or the President or the Goverming Body or the Chairperson.
(4) The Financial Advisor ofthe Ministry of Exiernal Affairs shal! be the Financial Advisor of the Council.
(5) Subject to such rules as may be made in this behalf, the Council may appoint such number of other officers and employees as may be necessary for the exercise of its
grades
powers
of
and
such
efficient
discharge of its functions and may determine the designations and other officers and employees.
(6) Subject to such rules as may be made in this behalf, the Director-General and
and
other
officers and employees of the Council shall be entitled to such salary and allowances shall be governed by such conditions of service in respect of leave, pension, gratuity, provident fund and other matters, as may be prescribed by regulations made in this behalf.
16. The Council shall undertake various plans to promote, organise and inplement various
perform
programmes for efficiently achieving the objects of the Council specified in section 13 and shall also such other functions as the Central Govemment may, by rules, prescribe.
law in
17.
this
behalf,
The Central Government may, after due appropriation made by Parliament by pay to the Council in each financial year such suns as may be considered
under
necessary for the exercise of powers and efficient discharge of functions of the Councit this Act.
18. (/) The Council shal! maintain a Fund to which shall be credited to-
(u) all móneys received from the Central Government;
benefactions, (b) all moneys received by the Council by way of grants, gifts, donations. bequests or transfers; and
source.
(c) all moneys received by the Council in any other manner or from any other
such manner
(2) All
moneys
as the
Council
credited
to the Fund shal! be deposited in such banks or invested in
decide. may, subject to the approval of the Central Government,
of the
(3)
Council,
The Fund
shall be applied towards meeting the administrative and other expenses
its functions under
including
section
expenses
16
incurred in the exercise of its powers and discharge of
anything relatable
or in relation to any of the activities referred to therein or for thereto.
prescribed
19. The
by
Council
rules,
shall prepare, in such form and at such time every year, as may be
estimated receipts
a budget in respect of the financial year next ensuing, showing the
Government such
and expenditure of the Council and shall forward to the Cenıral aumber of copics thereof as may be prescribed by rules.
prepare
20.
an
(1)
annual
The
Council
statement
shall maintain proper accounts and other relevant records and
Central Government
of accounts including the balance-sheet in such form as the
as may be issued by
may, by rules, prescribe and in accordance with such general directions
General of India.
that Government, in consuitation with the Comptroller and AuditorGeneral
(2)
of
The
India
accounts
and any
of expenditure the Council shall be audited by the Comptroller and Auditorpayable by the Council to the Comptroller incurred by him in connection with such audit shall be and Auditor-General of India
connection
(3) The
with
Comptroller
the audit
of
and
the
Auditor-Gencral
of India and any person appointed by him in
leges and authority in connection
accounts of the Council shall have the same rights, privi
India has in connection
with such audit as the Comptrolfer and Auditor-General of
have the right to demand
with
the audit of the Goverrment accounts and, in particular, shall
documents and
the production of books, accounts, connected vouchers and other papers and to inspect the office or offices of the Council.
Sec. L THE GAZETTE OF INDIA EXTRAORDINARY 7
(4)The accounts of the Council 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.
21. 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.
22. 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 shali be
authenticated by the signature of the Director-General or any other officerof the Council
authorised by the Council in this behalf.
23. No act or proceeding of the Council. Governing Body or any standing or ad hoc
committec under this Act shail 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.
24. The Council shall furnish to the Central Government such reports, returns and
other information as that Government may require from time to time.
25. (1) The Central Govemment 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 ofthe following matters, namely:-
(a) the manner of filling vacancies among members under sub-section () 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 commitees under sub-section (5) of section 14:
(e) the number of other officers and employees that may be appuinted by the
Council and the manner of such appointment under sub-section i5) of section 15;
(the salaries and allowances payable to the Director-General and other officers
and employees of the Council under sub-section (6) of section 15;
(e) such other functions to be performed by the Council under section 16;
(t) 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 Goverament
under section 19;
(i) the form in which an annual statement of accounts including the balancesheet shall be prepared by the Council under sub-section (1) of section 20;
) the form in which and the time at which the annual report of the activities of
the Council shall be submitted to the Central Govemment under section 21:
(k) any other matter which has to be or may be prescribed by rules.
26. (1) The Council may make regulations consistent with the provisions of this Act
and the rules to carry out the provisions of this Act.