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;