Hindi Sahitya Sammelan Act, 1962
No: 13 Dated: Mar, 30 1962
THE HINDI SAHITYA SAMMELAN ACT, 1962
ACT NO. 13 OF 1962
An Act to declare the institution known as the Hindi Sahitya Sammelan having its head office at Allahabad to be an institution of national importance and to provide for its incorporation and matters connected therewith.
BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called The Hindi Sahitya Sammelan Act, 1962.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
2. Declaration of the Hindi Sahitya Sammelan as an institution of national importance.—Whereas the objects of the institution known as the Hindi Sahitya Sammelan which has its head office at Allahabad are such as to make the institution one of national importance, it is hereby declared that the institution known as the Hindi Sahitya Sammelan, is an institution of national importance.
3. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date on which this Act comes into force;
(b) “prescribed” means prescribed by rules made under this Act;
(c) “Sammelan” means the institution known as the Hindi Sahitya Sammelan, incorporated under this Act;
(d) “Society” means the Hindi Sahitya Sammelan which has its head office at Allahabad and is registered under the Societies Registration Act, 1860 (21 of 1960).
4. Incorporation.—(1) The first members of the Sammelan and all persons who may hereafter become members thereof in accordance with the rules made in this behalf, so long as they continue to hold membership thereof, are hereby constituted a body corporate by the name of the Hindi Sahitya Sammelan.
(2) The Sammelan shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may by that name sue and be sued
(3) The head office of the Sammelan shall be at Allahabad.
(4) The first members of the Sammelan shall be—
(a) all persons who, immediately before the appointed day, were members of the Society;
(b) all persons who, before that day, have been Presidents of the Society; and
(c) all persons who, before that day, were awarded the Mangla Parshad Paritoshik by the Society.
5. Effect of incorporation of Sammelan.—On and from the appointed day,
(a) any reference to the Society in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the Sammelan;
(b) all property, movable or immovable, of the Society shall be the property of the Sammelan;
(c) all rights and liabilities of the Society shall be the rights and liabilities of the Sammelan; and
(d) every person employed for the Society immediately before the appointed day shall hold his office or service in the Sammelan by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been passed, and shall continue to do so unless and until his appointment is terminated or until his tenure or terms and conditions are duly altered by the rules made in this behalf:
Provided that if the alteration so made is not acceptable to any such employee, his employment may be terminated by the Sammelan in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Sammelan of compensation equivalent to three month’s remuneration in the case of permanent employees and one month’s remuneration in the case of permanent employees.