Bare Acts

CHAPTER V MISCELLANEOUS


26. Prior approval of the Central Government for alienation of property.—The Foundation shall
not, except with the previous approval of the Central Government, sell or otherwise dispose of any
property vested in the Foundation.
27. Power of Central Government to give directions to the Foundation.—(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.
28. Dissolution of the Foundation.—(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
29. Protection of action taken in good faith.—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.
30. Indemnity.—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.
31. Power to make rules.—(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;
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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;
(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.
32. Power to make regulations.—(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:
(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.
33. 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.
34. Power to remove difficulties.—(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.
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35. Repeal and saving.—(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.

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