Auroville Foundation Act, 1988.pdf

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Auronet (https://auroville.org.in)

Auroville Foundation Act, 1988

THE

AUROVILLE FOUNDATION

ACT, 1988

(N° 54 of 1988)

TABLE OF CONTENTS

CHAPTER I

PRELIMINARY

1) Short title.

2) Definitions.

CHAPTER II

ACQUISITION AND TRANSFER OF UNDERTAKINGS OF AUROVILLE

3) Transfer to, and vesting in, the Central Government of

certain undertakings of the Society, trusts and bodies.

4) General effect of vesting.

5) Central Government or Foundation to be liable for

certain prior liabilities. 6) Power of Central Government to

direct vesting of the undertakings in the Foundation.

7) Management, etc., of the undertakings.

8) Duties of persons in charge of management by

undertakings to deliver all assets.

9) Certain powers of the Central Government or the

Foundation.

CHAPTER III

THE AUROVILLE FOUNDATION

10) Establishment and incorporation of the Foundation.

11) Governing Board.

12) Term of office of members.

13) Salary and allowances and other conditions of service

of Chairman.

14) Meetings of the Governing Board.

15) Secretary and other officers of the Foundation.

16) Committees of the Governing Board.

17) Powers and functions of the Governing Board.

18) Residents' Assembly.

19) Functions of Residents' Assembly.

20) Working Committee of Residents' Assembly.

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21) International Advisory Council.

22) Dissolution of the Foundation.

23) Grant by Central Government to the Foundation.

CHAPTER IV

MISCELLANEOUS

24) Duty to furnish returns, etc.

25) Borrowing powers of the Governing Board.

26) Accounts and audit.

27) Act to have overriding effect.

28) Contracts to cease to have effect unless ratified by the

Foundation.

29) Penalties.

30) Protection of action taken in good faith.

31) Power to make rules.

32) Power to make regulations.

33) Rules and regulations to be laid before Parliament.

34) Power to remove difficulties.

THE SCHEDULE

59 of 1980 The Auroville Foundation Act MINISTRY OF LAW AND

JUSTICE (Legislative Department) New Delhi, the 3rd

October, 1988 Asvina 11, 1910 (Saka)The following Act of

Parliament received the assent of the President on the

29th September 1988 and is hereby published for general

information:

THE

AUROVILLE FOUNDATION

ACT, 1988

(N° 54 of 1988)

{29th September, 1988}

An Act to provide for the acquisition and transfer of the

undertakings of Auroville and to vest such undertakings in

a foundation established for the purpose with a view to

making long- term arrangements for the better

management and further development of Auroville in

accordance with its original charter and for matters

connected therewith or incidental thereto.

Whereas Auroville was founded by the 'Mother' on the

28th day of February, 1968 as an international cultural

township;

And Whereas in view of the serious difficulties which had

arisen with regard to the management of Auroville, the

management thereof and been vested in the Central

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Government for a limited period by the Auroville

(Emergency Provisions) Act, 1980;

And Whereas under the management of the Central

Government and under the overall guidance of the

International Advisory Council set up under the aforesaid

Act, Auroville had been able to develop during the last

eight years along several important lines and the residents

of Auroville have also carried on activities for the

development of Auroville which need further

encouragement and consolidation;

And Whereas Auroville was developed as a cultural

township with the aid of funds received from different

organisations in and outside India as also from substantial

grants received from the Central and State Governments,

and the United Nations Educational Scientific and Cultural

Organisation also had, from time to time, reflected in its

resolutions that the project on Auroville is contributing to

international understanding and promotion of peace;

And Whereas for the purpose of encouraging, continuing

and consolidating the aforesaid activities of Auroville, it is

necessary in the public interest to acquire the

undertakings of Auroville and to vest them in a body

corporate established for the purpose;

Be it enacted by Parliament in the Thirty-ninth Year of the

Republic of India as follows: -

CHAPTER I

Preliminary

Short title

Definitions

1. This Act may be called the Auroville Foundation Act,

1988.

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

(a) "appointed day" means the date of commencement of

this Act;

(b) "Auroville" means so much of the undertakings as form

part of, or are relatable to, the cultural township which is

known as Auroville and the charter of which was

proclaimed by the 'Mother' on the 28th day of February,

1968;

Council constituted under sub-section (1) of section 21;

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(d) "Custodian" means the person who is appointed as the

Custodian under sub-section (2) of section 7 in respect of

the undertakings;

(e) "Foundation" means the Auroville Foundation

established under sub-section (1) of section 10;

(f) "Governing Board" means the Governing Board of the

Foundation constituted under sub-section (1) of section

11;

(g) "notification" means a notification published in the

Official Gazette;

(h) "prescribed" means prescribed by rules made under

this Act;

(i) "Residents' Assembly" means the Residents' Assembly

of the Foundation;

West Bengal Act

XXVI of, 1961

(j) "Society" means Sri Aurobindo Society, being a Society

as defined in the West Bengal Societies Registration Act,

1961, and having its registered office at Calcutta in the

State of West Bengal;

(k) "specified date" means such date as the Central

Government may, for the purpose of section 9, by

notification, specify;

(l) "trust" or "body" means a trust or body specified in the

Schedule;

(m) "undertakings" means the undertakings of the Society,

trust or body which had vested in the Central Government

under section 3.

. CHAPTER II

ACQUISITION AND TRANSFER OF UNDERTAKINGS OF AUROVILLE

Transfer to, and

vesting in, the

Central

Government of

certain

undertakings of the

Society, trusts and

bodies

3. On the appointed day, so much of the undertakings of

the Society, trust and body as form part of, or are relatable

to Auroville, and the right, title and interest of the Society,

trust and body, in relation to such undertakings, shall, by

virtue of this Act, stand transferred to, and vest in, the

Central Government.

General effect

of vesting

4. (1) The undertakings vested under section 3 shall be

deemed to include all the assets, rights, leaseholds,

powers, authorities and privileges, and all property

(movable and immovable), including lands, buildings,

works, workshops, projects, stores, instruments,

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machinery, automobiles and other vehicles, cash

balances, funds, including reserve funds, investments and

book debts of the Society, trust or body as form part of, or

are relatable to, Auroville and all other rights and interests

arising out of such properties as were immediately before

the appointed day in the ownership, possession, power or

control of the Society, trust or body, whether within or

without India, and all books of account, registers, maps,

plans and all other documents of whatever nature relating

thereto.

(2) All properties and assets as aforesaid which have

vested in the Central Government under section 3 shall,

by force of such vesting, be freed and discharged from

any trust, obligation, mortgage, charge, lien and all other

incumbrances affecting them or of any attachment,

injunction, decree or order of any court or other authority

restricting the use of such properties or assets in any

manner or appointing any receiver in respect of the whole

or any part of such properties or assets shall be deemed

to have been withdrawn.

(3) Any licence or other instrument granted to the Society,

trust or body in relation to any undertaking which has

vested in the Central Government under section 3 at any

time before the appointed day and in force immediately

before the appointed day, shall continue to be in force on

and after such day in accordance with its tenor in relation

to and for the purposes of such undertaking or where the

undertaking is directed under section 6 to vest in the

Foundation, the Foundation shall be deemed to be

substituted in such licence or other instrument as if such

licence or other instrument had been granted to the

Foundation and the Foundation shall hold it for the

remainder of the period for which the Society, trust or body

would have held it under the terms thereof.

(4) If, on the appointed day, any suit, appeal or other

proceeding, of whatever nature, in relation to any property

or asset which has vested in the Central Government

under section 3, instituted or preferred by or against the

Society, trust or body is pending, the same shall not abate,

be discontinued or be, in any way, prejudicially affected by

reason of the transfer of the undertakings of the Society,

trust or body or of anything contained in this Act, but the

suit, appeal or other proceeding may be continued,

prosecuted or enforced by or against the Central

Government, or where the undertakings of the Society,

trust or body are directed under section 6 to vest in the

Foundation, by or against the Foundation.

Central

Government or

Foundation to be

liable for certain

prior liabilities

5. Every liability in relation to any undertaking in respect of

any period prior to the appointed day shall be enforceable

against the Central Government and not against the

Society, trust or body, or where the said undertaking are

directed, under section 6, to vest in the Foundation,

against the Foundation.

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Power of Central

Government to

direct vesting of

the undertakings in

the Foundation

6. (1) Notwithstanding anything contained in sections 3

and 4, the Central Government shall, as soon as may be

after the appointed day, direct, by notification, that the

undertakings and the right, title and interest of the Society,

trust or body in relation to such undertakings which had

vested in the Central Government under section 3, shall,

instead of continuing to vest in the Central Government,

vest in the Foundation either on the date of publication of

the notification or on such earlier or later date as may be

specified in the notification.

(2) Where the right, title and interest of the Society, trust or

body in relation to the undertakings vest, under sub- section (1), in the Foundation, the Foundation shall, on

and from the date of such vesting, be deemed to have

become the owner in relation to such undertakings and

the rights and liabilities of the Central Government in

relation to such undertakings shall, on and from the date

of such vesting, be deemed to have become, the rights

and liabilities, respectively, of the Foundation.

Management, etc.,

of the undertakings

7. (1) The general superintendence, direction, control and

management of the affairs of the undertakings, the right,

title and interest in relation to which have vested in the

Central Government under section 3, shall, -

(a) where a direction has been made by the Central

Government under sub-section (1) of section 6, vest in the

Foundation; or

(b) where no such direction has been made by the Central

Government, vest in a Custodian appointed by the Central

Government under sub-section (2).

and, thereupon, the Foundation, or the Custodian so

appointed, as the case may be, shall be entitled to

exercise all such powers and do all such things as the

Society, trust or body, as the case may be, is authorised to

exercise and do in relation to its undertakings.

(2) The Central Government my appoint any person as the

Custodian of the undertakings in relation to which no

direction has been made by it under sub-section (1) of

section 6.

(3) The Custodian so appointed shall receive such

remuneration as the Central Government may fix and shall

hold office during the pleasure of the Central Government.

Duties of persons

in charge of

management by

undertakings to

deliver all assets

8. (1) On the vesting of the management of the

undertakings in the Foundation or on the appointment of a

Custodian under section 7, all persons in charge of the

management of the undertakings immediately before such

vesting or appointment shall be bound to deliver to the

Foundation or Custodian, as the case may be, all assets,

books of account, registers and other documents in their

custody relating to the undertakings.

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(2) The Central Government may issue such directions as

it may deem desirable in the circumstances of the case to

the Custodian as to the powers and duties of the

Custodian and such Custodian may also, if it is considered

necessary so to do, apply to the Central Government at

any time for instructions as to the manner in which the

management of the undertakings shall be conducted or in

relation to any other matter arising in the course of such

management.

(3) Any person, who on the appointed day, has in his

possession or under his control, any books, documents or

other papers relating to the undertakings shall be liable to

account for the said books, documents or 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.

(4) The Central Government or the Foundation may take

or cause to be taken, all necessary steps for securing

possession of all undertakings which have vested in the

Central Government or the Foundation under this Act.

(5) The Society, trust or body shall, within such period as

the Central Government may allow in this behalf, furnish

to that Government a complete inventory of all its

properties and assets, as on the appointed day pertaining

to the undertakings and, for this purpose, the Central

Government or the Foundation shall afford to the Society,

trust or body all reasonable facilities.

Certain powers of

the Central

Government or the

Foundation

9. The Central Government or the Foundation shall be

entitled to receive up to the specified date, to the

exclusion of all other persons, any money due to the

Society, trust or body in relation to its undertakings which

have vested in the Central Government or the Foundation,

as the case may be, and realised after the appointed day,

notwithstanding that the realisation pertains to a period

prior to the appointed day.

CHAPTER III

THE AUROVILLE FOUNDATION

Establishment and

incorporation of

the Foundation

10. (1) With effect from such date as the Central

Government may, by notification, appoint in this behalf,

there shall be established for the purpose of this Act, a

Foundation, to be called the Auroville Foundation.

(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

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the said name sue and be sued. (3) The Foundation shall

consist of the following authorities, namely:-

(a) the Governing Board;

(b) the Residents' Assembly;

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Governing Board 11. (1) The Governing Board shall consist of the following

members, namely:-

(i) not more than seven members to be nominated by the

Central Government from amongst persons, who have-

(a) rendered valuable service to Auroville;

(b) dedicated themselves to the ideals of life-long

education synthesis of material and spiritual researches or

human unity;

persued or are envisaged to be promoted in Auroville,

including activities relating to environment, afforestation,

arts and crafts, industry, agriculture, humanities, sciences

and integral yoga;

(ii) two representatives of the Central Government to be

nominated by it.

(2) The Central Government shall nominate a Chairman of

the Governing Board from amongst the members

nominated by it under clause (i) of sub-section (1).

(3) The general superintendence, direction and

management of the affairs of the Foundation shall vest in

the Governing Board which may exercise all the powers

and discharge all the functions which may be exercised or

discharged by the Foundation.

(4) The Governing Board may associate with itself in such

manner and for such purposes as may be prescribed, any

persons whose assistance or advice it may desire in

complying with any of the provisions of this Act and a

person so associated shall have the right to take part in

the discussions of the Governing Board relevant to the

purposes for which he has been associated, but shall not

have the right to vote.

(5) No act or proceeding of the Governing Board or any

committee appointed by it under section 16 shall be

invalidated merely by reason of,-

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

Governing Board or such committee; or

(b) any defect in the nomination of a person acting as a

member of the Governing Board or such committee; or

Board or such committee not affecting the merits of the

case.

Term of office of

members

12. (1) Subject to the provisions of this section, the term of

office of the members of the Governing Board including

the Chairman shall be four years from the date of their

nomination.

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(2) An outgoing member of the Governing Board shall be

eligible for re-nomination.

(3) The term of office of a member nominated to fill a

casual vacancy in the Governing Board shall continue for

the remainder of the term of the member in whose place

he is nominated.

(4) A member may resign his office by writing under his

hand addressed to the Central Government but he shall

continue in office until his resignation is accepted by that

Government.

Salary and

allowances and

other conditions of

service of

Chairman

13. The Chairman of the Governing Board shall be entitled

to such salary and allowances and such conditions of

service in respect of leave, pension, provident fund and

other matters as may, from time to time, be fixed by the

Central Government.

Meetings of the

Governing Board

14. (1) The Governing Board shall meet at least once a

year at Auroville at such time as may be fixed by the

Chairman of the Governing Board.

(2) All the decisions at any meeting of the Governing

Board shall be taken by a majority of the members present

and voting:

Provided that in the case of equality of votes, the

Chairman of the Governing Board shall have a casting

vote.

Secretary and

other officers of the

Foundation

15. (1) The Central Government shall appoint a Secretary

to the Foundation to exercise such powers and perform

such duties under the Chairman of the Governing Board

as may be prescribed or as may be delegated to him by

the Chairman. (2) The Secretary shall be entitled to such

salary and allowances and such conditions of service in

respect of leave, pension, provident fund and other

matters as may, from time to time, be fixed by the Central

Government.

(3) Subject to such control, restrictions and conditions as

may be prescribed, the Governing Board may appoint

such other officers and employees as may be necessary

for the efficient performance of its functions.

(4) The Chairman, Secretary and other officers and

employees of the Foundation shall not undertake any work

unconnected with their duties under this Act except with

the permission of the Central Government.

Committees of the

Governing Board

16. (1) The Governing Board may appoint such

committees as may be necessary for the efficient

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discharge of its duties and performance of its functions

under this Act.

(2) The Governing Board shall have the power to co-opt

as members of any committee appointed under sub- section (1), such number of persons who are not members

of the Governing Board as it may think fit, and the persons

so co-opted shall have the right to attend the meetings of

the committee, and take part in the proceedings of the

committee, but shall not have the right to vote.

Powers and

functions of the

Governing Board

17. The powers and functions of the Governing Board

shall be-

(a) to promote the ideals of Auroville and to coordinate

activities and services of Auroville in consultation with the

Residents' Assembly for the purposes of cohesion and

integration of Auroville;

(b) to review the basic policies and the programmes of

Auroville and give necessary directions for the future

development of Auroville;

drawn up by the Residents' Assembly;

(d) to monitor and review the activities of Auroville and to

secure proper management of the properties vested in the

Foundation under section 6 and other properties relatable

to Auroville;

(e) to prepare a master-plan of Auroville in consultation

with the Residents' Assembly and to ensure development

of Auroville as so planned;

(f) to authorise and coordinate fund-raising for Auroville

and to secure proper arrangements for receipts and

disbursement of funds for Auroville.

Residents'

Assembly

18. (1) The Residents' Assembly shall consist of all the

residents of Auroville who are for the time being entered in

the register of residents maintained under this section.

(2) The Secretary to the Government Board shall maintain

the register of residents in such manner as may be

prescribed and all the persons who are residents of

Auroville and who are of the age of eighteen years and

above are entitled to have their names entered in the

form as may be prescribed.

59 of 1989 (3) All the names of residents, which have

been included in the register maintained by the

Administrator appointed under section 5 of the Auroville

(Emergency Provisions) Act, 1980 immediately before the

appointed day, shall be deemed to have been included in

the register maintained under this section.

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Functions of

Residents'

Assembly

19. (1) The Residents' Assembly shall perform such

functions as are required by this Act and shall advise the

Governing Board in respect of all activities relating to the

residents of Auroville;

(2) In particular, and without prejudice to the foregoing

powers, the Residents' Assembly may-

(a) allow the admission or cause the termination of

persons in the register of residents in accordance with the

regulations made under section 32;

(b) organise various activities relating to Auroville;

necessary recommendations for the recognition of

organisations engaged in activities relatable to Auroville

for the approval of the Governing Board;

(d) recommend proposals for raising funds for Auroville for

the approval of the Governing Board.

(3) For the purpose of carrying on its functions, the

Residents' Assembly may establish such committees as it

may consider necessary which shall represent it in relation

to the functions to be performed by the Governing Board.

Working

Committee of

Residents'

Assembly

20. (1) There shall be a Working Committee of the

Residents' Assembly which shall assist the Residents'

Assembly or, as the case may be, the Governing Board, in

discharging its duties under this Act.

(2) The Working Committee shall consist of not more than

seven members to be chosen by the Residents' Assembly

from among themselves.

(3) The manner of choosing the members of the Working

Committee and their term of office shall be such as may

be decided by the Residents' Assembly.

(4) The Working Committee may, with the approval of the

Governing Board, create or constitute other organisations,

trusts, societies or associations relatable to Auroville if the

Working Committee is satisfied that such organisations,

trusts, societies or associations have-

(a) their headquarters at Auroville;

(b) declared that in all matters relating to Auroville they

shall act in conformity with the decisions of the Governing

Board and that their main object is to promote the ideals

laid down in the Charter of Auroville proclaimed by the

'Mother' on the 28th day of February, 1968.

Advisory Council 21. (1) The Auroville International Advisory Council shall

consist of not more than five members nominated by the

Central Government.

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(2) The Central Government may nominate the members

of the Council from amongst persons who in its opinion

are devoted to the ideals of human unity, peace and

progress.

(3) The Council may, on its own motion or on a reference

made to it by the Governing Board, advise the Governing

Board on any matter relating to the development and

management of Auroville.

(4) In tendering any advice to the Governing Board, the

Council shall endeavour to secure that-

(a) the ideals for which Auroville has been established are

encouraged, and

(b) the residents of Auroville are allowed freedom to grow

and develop activities and institutions for the fulfillment of

the aspirations and programmes envisaged in the said

Charter of Auroville.

(5) There shall be a Chairman of the Council who shall be

elected by the members of the Council from among

themselves.

(6) The term of office of, the method of filling casual

vacancies among, and the allowances and other

remuneration, if any, payable to, the members of the

Council, shall be such as may be determined by the

Central Government.

(7) The Council shall have power to regulate its own

procedure.

Dissolution of the

Foundation

22. (1) The Central Government may, by notification and

for reasons to be specified therein, direct that the

Foundation shall be dissolved 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 and shall consider the

representation, if any, of the Foundation.

(2) When the Foundation is dissolved under the provisions

of sub-section (1),-

(a) all members of the Governing Board, 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 Foundation shall, during

the period of dissolution, be exercised and performed by

such person or persons as the Central Government may

appoint in this behalf;

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.

Grant by Central

Government to the

Foundation

23. For the purpose of enabling the Foundation to

discharge its functions 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 as that

Government considers necessary by way of grant, loan or

otherwise.

CHAPTER IV

MISCELLANEOUS

Duty to furnish

returns, etc.

24. (1) The Governing Board shall furnish to the Central

Government at such time and in such form and manner as

may be prescribed, or as the Central Government may

direct, such returns and statements and such particulars

as the Central Government may, from time to time,

require.

(2) Without prejudice to the provisions of sub-section (1),

the Governing Board shall, as soon as possible after the

end of each financial year, submit to the Central

Government a report in such form and before such date

as may be prescribed giving a true and full account of its

activities, policy and programmes during the previous

year.

(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.

Borrowing powers

of the Governing

Board

25. Subject to such rules as may be made in this behalf,

the Governing Board shall have the power to borrow on

the security of the properties of Auroville or any other

asset for carrying out the purposes of this Act.

Accounts and audit 26. (1) The Governing Board shall maintain proper

accounts and other relevant records and prepare an

annual statement of accounts, including the income and

expenditure account and the balance-sheet in such form

as may be prescribed by the Central Government in

consultation with the Comptroller and Auditor General of

India.

(2) The accounts of the Foundation shall be audited by the

Comptroller and Auditor General of India at such intervals

as may be specified by him and any expenses incurred in

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connection with such audit shall be payable by the

Foundation to the Comptroller and Auditor General.

(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

and privileges and authority in connection with such audit

as the Comptroller and Auditor General of India has in

connection with the audit of 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.

(4) The accounts of the Foundation, 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.

Act to have

overriding effect

27. The provisions of this Act shall have effect

notwithstanding anything inconsistent therewith contained

in any other law for the time being in force or in any

instrument having effect by virtue of any law other than

this Act, or in any decree or order of any court, tribunal or

other authority.

Contracts to cease

to have effect

unless ratified by

the Foundation

28. Every contract entered into by the Society, trust or

body in relation to its undertakings for any service, sale or

supply, and in force immediately before the appointed day,

shall, on and from the expiry of one hundred and eighty

days from that day, cease to have effect unless such

contract is, before the expiry of the said period, ratified in

writing by the

Central Government or, as the case may be, the

Foundation, and in ratifying such contract, the Central

Government or, as the case may be, the Foundation may

make such alterations or modifications therein as it may

think fit:

Provided that the Central Government or, as the case may

be, the Foundation shall not omit to ratify a contract and

shall not make any alteration or modification therein,-

(a) unless it is satisfied that such contract is unduly

onerous or has been entered into in bad faith or is

detrimental to the interests of the Central Government or,

as the case may be, the Foundation; and

(b) except after giving the parties to the contract a

reasonable opportunity of being heard and except after

recording in writing its reasons for its refusal to ratify the

contract or for making any alteration or modification

therein.

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Penalties 29. A person who,-

(a) having in his possession, custody or control any

property forming part of the undertakings of the Society,

trust or body, wrongfully withholds such property from the

Central Government or, as the case may be, the

Foundation or any person or body of persons authorised

by that Government or the Foundation; or

(b) wrongfully obtains possession of, or retains, any

property forming part of any undertakings of the Society,

trust or body or willfully withholds or fails to furnish to the

Central Government or, as the case may be, the

Foundation or any person or body of persons authorised

by that Government or the Foundation, any documents

relating to such undertakings which may be in his

possession, custody or control, or fails to deliver to the

Central Government or, as the case may be, the

Foundation or any person or body of persons authorised

by that Government or the Foundation any assets, books

of account, registers or other documents in his

possession, custody or control relating to the undertakings

of the Society, trust or body; or

part of the undertakings of the Society, trust or body,

shall be punishable with imprisonment for a term which

may extend to two years, or with fine which may extend to

ten thousand rupees, or with both.

Protection of

action taken in

good faith

30. No suit, prosecution or other legal proceedings shall

lie against the Central Government or any officer of that

Government or the Custodian or any officer or other

person authorised by that Government or the Foundation

for anything which is in good faith done or intended to be

done under this Act.

Power to make

rules

31. (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 manner in which and the purpose for which any

person may be associated with the Governing Board

under sub-section (4) of section 11;

(b) the powers and duties which the Secretary to the

Governing Board may perform under sub-section (1) of

section 15;

the Governing Board may appoint officers and employees

under sub-section (3) of section 15;

(d) the manner in which the register of residents may be

maintained under sub-section (2) of section 18;

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(e) the time within which and the form and manner in

which the Governing Board may furnish returns and

reports under sub-section (1) of section 24;

(f) the form and the date before which the Governing

Board shall submit reports to the Central Government

under sub-section (2) of section 24;

(g) the rules subject to which the Governing Board shall

have the power to borrow under section 25;

(h) any other matter which is to be or may be prescribed.

Power to make

regulations

32. (1) The Governing Board may make regulations, not

inconsistent with 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 procedure to be followed at meetings of the

Governing Board or at the meetings of the committees

appointed by it and the number of members which shall

form a quorum at such meetings;

(b) the delegation to the Chairman, other members,

Secretary or other officers of the Governing Board, of any

of the powers, duties of the Governing Board under this

Act;

associated under sub-section (4) of section 11 or co-opted

under sub-section (2) of section 16;

(d) the pay and allowances and leave and other conditions

of service of officers (other than those appointed by the

Central Government) and other employees of the

Foundation;

(e) the maintenance of the accounts of the Foundation;

(f) the maintenance of the registers and other records of

the Foundation and its various committees;

(g) the appointment by the Governing Board of agents to

discharge on its behalf any of its functions;

(h) admission or termination of persons in the register of

residents.

(3) No regulation made by the Governing Board 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.

Rules and

regulations to be

33. Every rule or 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

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laid before

Parliament

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

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