Lalit Kala Akadami (Taking Over of Management) Act, 1997
No: 17 Dated: Mar, 25 1997
Lalit Kala Akadami (Taking Over of Management) Act, 1997
(Act No. 17 of 1997)
An Act to provide for the taking over of the management of the Lalit Kala Akadami for a limited period in the public interest and for matters connected therewith or incidental thereto.
WHEREAS the Lalit Kala Akadami was set up as a apex cultural body in the field of visual arts by the Government of India by the Parliament any Resolution passed on the 5th day of August, 1954 to encourage and promote visual arts such as painting, graphics, sculptures, etc.;
AND WHEREAS the Lalit Kala Akadami was registered as a society under the Societies Registration Act, 1860 on the 11th day of March, 1957;
AND WHEREAS the Akadami has full functional autonomy in the field of its activity, even though the Government of India is the sole-funding agency for the organisation;
AND WHEREAS pursuant to the complaints received with regard to the misuse of funds by the Lalit Kala Akadami from several quarters including from the Hon'ble Members of Parliament, a Committee was set up by the Government of India by resolution dated the 24th day of March, 1988 under the Chairmanship of Shri P.N. Haksar to go into the functioning of National Akadamies including the Lalit Kala Akadami and the said Committee, after a detailed scrutiny of the affairs in the management of the said Akadami, recommended the restructuring of their General Council Executive Board and the electoral roll, of the artists constituency;
AND WHEREAS, in view of the serious difficulties which have arisen with regard to the management of the Lalit Kala Akadami, it is necessary to take over, for a limited period, the management thereof and it is felt that any delay in taking over the management of the Lalit Kala Akadami would be highly detrimental to the interests and objective of Akadami;
BE it enacted by Parliament in the Forty-eighth year of Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Lalit Kala Akadami (Taking Over of Management) Act, 1997.
(2) It shall be deemed to have come into force on the 24th day of January, 1997.
2. Definitions. In this Act, unless the context otherwise requires,-
(a)"Administrator" means a person appointed as the Administrator under section 4;
(b) "prescribed" means prescribed by rules made under this Act;
(c) "Societies Registration Act" means the Societies Registration Act, 1860 (21 of 1860), as in force in the National Capital Territory of Delhi;
(d) "society" means the Lalit Kala Akadami being a society registered under the Societies Registration Act;
(e) words and expressions used herein and not defined, but defined in the Societies Registration Act shall have the meanings respectively assigned to them in that Act.
CHAPTER II
Taking Over Of The Management Of The Lalit Kala Akadami
3. Management of the society. (1) On and from the commencement of this Act, and for a period of three years thereafter, the management of the society shall vest in the Central Government:
Provided that if the Central Government is of opinion that in order to secure the proper management of the society, it is expedient that such management should continue to vest in the Central Government after the expiry of the said period of three years, it may, from time to time, issue directions for the continuance of such management for such period, not exceeding one year at a time, as it may think fit; so, however, that the total period for which such management shall continue to vest in the Central Government shall not, in any case, exceed five years.
(2) The management of the society shall be deemed to include management of all assets, rights, lease-holds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works of art, workshops, projects, stores, instruments, library, machinery automobile and other vehicles, cash balances, reserve funds, investments and book debts and all other rights and interests arising out of such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the society, and all such books of account, registers, maps, plans and all other documents of whatever nature relating thereto.
(3) Any contracts, whether express or implied, or other arrangement, in so far as it relates to the management of the society and affairs of the society and in force immediately before the commencement of this Act shall be deemed to have terminated on such commencement.
(4) All persons in charge of the management of the society, including persons holding offices as Chairman, Vice-Chairman, Secretary or Honorary Secretary, as the case may be, and members of the General Council, Executive Board, Finance Committee and all other committees of the society immediately before the commencement of this Act shall be deemed to have vacated their offices as such on such commencement.