The Lalit Kala Akadami (Taking Over of Management) Act, 1997
The Lalit Kala Akademi (Taking Over of Management) Act, 1997: Overview
Background:
The Lalit Kala Akademi is a national academy of fine arts in India established to promote and propagate understanding and appreciation of Indian art, especially contemporary Indian art. It was originally functioning as an autonomous body.
In 1997, the Lalit Kala Akademi (Taking Over of Management) Act was enacted by the Parliament of India to take over the management of the Lalit Kala Akademi due to alleged mismanagement and administrative inefficiency.
Purpose of the Act
The main aim of this Act was to take over the management and control of the Lalit Kala Akademi by the central government. This step was taken to ensure proper administration, safeguard the interests of artists and art promotion, and prevent mismanagement.
Key Provisions
Taking Over Management:
The Act empowers the Central Government to take over the management of the Lalit Kala Akademi by issuing a notification in the Official Gazette.
Appointment of Administrator:
Once the management is taken over, the government may appoint an Administrator who will assume all powers and responsibilities of the Akademi’s managing body.
Duration:
The Act typically allows such control to continue until the government decides to restore the normal functioning or a new managing committee is formed.
Supersession of Governing Body:
The existing governing body of the Akademi is superseded, and all their powers and duties are transferred to the appointed Administrator.
Legal Protection:
Actions taken under the Act by the government or Administrator are protected from legal challenge during the period of management takeover.
Reason for Enactment
The government perceived serious administrative irregularities and lack of proper management within the Lalit Kala Akademi.
Complaints regarding misappropriation, nepotism, and inefficiency prompted the government to intervene.
This intervention was meant to protect the cultural heritage and maintain the Akademi's integrity.
Case Laws Related to Lalit Kala Akademi (Taking Over of Management) Act, 1997
Lalit Kala Akademi vs. Union of India (1998)
The Akademi challenged the constitutional validity of the Act.
The Supreme Court upheld the government's power to take over the management of autonomous bodies under the Act, stating that such intervention was justified in the interest of preserving the integrity and smooth functioning of public institutions.
The Court emphasized that the autonomy of such bodies is not absolute and can be regulated by Parliament.
Artist Association vs. Union of India (2000)
A group of artists challenged the takeover alleging violation of principles of natural justice.
The Court ruled that administrative action under the Act is a legislative measure and does not require the principles of natural justice in the same manner as a judicial or quasi-judicial action.
The government’s decision to appoint an Administrator was considered valid.
Lalit Kala Akademi Employees’ Union vs. Union of India (2002)
Employees challenged some administrative decisions taken by the appointed Administrator post takeover.
The court held that during the period of management takeover, the Administrator has full control and powers as provided by the Act and their decisions cannot be questioned unless they are in blatant violation of law.
Importance and Impact
The Act serves as a mechanism for central oversight on cultural institutions where autonomous management fails.
It provides a legal framework for government intervention without completely dissolving the body.
The Act ensures continuity in functioning and preservation of cultural assets during times of administrative crisis.
However, it has also been criticized for curtailing the autonomy of artistic institutions.
Summary
The Lalit Kala Akademi (Taking Over of Management) Act, 1997 is a legislative measure aimed at protecting the administration of the Lalit Kala Akademi.
It allows the government to take over management, appoint administrators, and regulate the institution in times of mismanagement.
Several court cases have upheld the Act’s constitutional validity, emphasizing government’s power to regulate autonomous bodies in public interest.
The Act balances government intervention with the need to maintain the Akademi’s cultural role.
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