Kalakshetra Foundation Act, 1993
No: 6 Dated: Jan, 04 1994
The Kalakshetra Foundation Act, 1993
NO. 6 OF 1994
An Act to declare Kalakshetra of Madras to be an institution of national importance to provide for the establishment and incorporation of a Foundation for its administration, to make provisions for further development of Kalakshetra in accordance with the aims and objects for which Kalakshetra was founded and for matters connected therewith or incide tal. thereto.
BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title and commencement.- (1) This Act may be called the Kalakshetra Foundation Act, 1993.
(2) It shall be deemed to have come into force on the 29th day of September, 1993. 2
2. Declaration of Kalakshetra as an institution of national importance.- Whereas the objects of the institution known as Kalakshetra at Adyar, Madras in the State of Tamil Nadu, founded by the late Thirumathi Rukmini Devi Atundale, are such as to make the Institution one of national importance, it is hereby declared that the institution known as Kalakshetra is an institution of national importance.
3. Definitions.- In this Act, unless the context otherwise requires,-
(a)"Academic Committee" means the Academic Committee constituted under section 15;
(b) "appointed day" means the date on which the Foundation is established under sub-section (1) of section 8;
(c) "Board of Trustees" means the Board of Trustees managing the affairs of Kalakshetra under the 'scheme writ' approved by the Madras High Court in petition No. 716 of 1985;
(d) "constituent units" means the units of Kalakshetra specified in the First Schedule;
(e) "Director" means the Director appointed under sub-section (1) less of section 19,
(f) "Finance Committee" means the Finance Committee constituted under sub-section (1) of section 17;
(g) "Foundation" means the Kalakshetra Foundation established under sub-section (1) of section 8;
(h) "Fund" means the Fund of the Foundation referred to in section 22;
(i) "Governing Board" means the Governing Board constituted under section ;
(j) "Kalakshetra", means the institution known as, Kalakshetra founded by the late Thirumathi Rukmini Devi Arundale, situated at Adyar, Madras, and includes its constituent units;
(k) "notification" means a notification published in the Official Gazette;
(l) "Member" means a Member of the Governing Board and includes the Chairperson thereof;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "regulations" means regulations made under section 32;
(o) "Schedule" means a Schedule annexed to this Act;
(p) "State Government" means the Government of Tamil Nadu.
CHAPTER II
Acquisition And Transfer Of The Assets And Properties Of Kalakshetra
4. Transfer to, and vesting in, the Central Government of the assets and properties of Kalakshetra.- On the commencement of this Act the right, title, and interest in relation to the assets and properties of Kalakshetra specified in the Second Schedule and vested in the Board of Trustees or any other body, in whatever capacity, shall Stand transferred to, and vest in, the Central Government.
5. General effect of vesting.- (1) The right, title and interest vested in the Central Government under section 4 shall be deemed to include all the assets, rights, leaseholds, powers, authorities, licences and privileges; all property (movable and immovable) including lands and buildings; musical instruments; equipments used in teaching, training and staging of performing arts; tools and facilities used in arts and crafts; costumes and decorative items; books; stationery, furniture and other equipments used in libraries and laboratories; works of art and artefacts; stores, automobiles and other vehicles; workshops; cash balances, funds including reserve funds, investments and all other rights and interests arising out of such assets and properties as were immediately before the commencement of this Act in the possession ownership, power or control of the Board of Trustees or any other body, in whatever capacity, and all books of account, registers, maps, plans and all other documents of whatever nature relating thereto.
(2) All assets and properties as aforesaid which have vested in the Central Government under section 4 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them or of any attachment, injunction, decree or order of any court or other authority restricting the use of such assets or properties in any manner, or appointing any receiver in respect of the whole or any part of such assets and properties shall be deemed to have been withdrawn.
(3) Any licence, permission, authority, concession, facility, privilege, affiliation or any other instrument of similar nature granted to the Board of Trustees or any other body, in whatever capacity, in relation to the assets and properties of Kalakshetra or any of its constituent units which has vested in the Central Government under section 4, at any time before the commencement of this Act and in force immediately before such commencement, shall continue to be in force on and after such commencement in accordance with its tenor in relation to, and for purposes of, such assets and properties, or where the direction under section 6 has been issued, the Foundation shall be deemed to be substituted in such licence, permission, authority, concession, facility, privilege affiliation or other instrument, as if it had been granted to the Foundation and the Foundation shall hold it for the remainder of the period for which the Board of Trustees or any other body, in whatever capacity, would have held it under the terms thereof.
(4) If, on the commencement of this Act, any suit, appeal or other proceeding of whatever nature in relation to any assets or properties which have vested in the Central Government under section 4, instituted or preferred by the Board of Trustees is, pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of such transfer and vesting, or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced, by the Central Government or where the right, title and interest in relation to such assets and properties are directed under section 6 to vest in the Foundation, by the Foundation.