An Act to provide for the transfer and vesting of the underta-
king of the Oil and Natural Gas Commission to and in the Oil and
Natu-
ral Gas Corporation Limited, a company incorporated under the
Companies
, Act, 1956, and for matters connected therewith or incidental thereto and also to repeal the Oil and Natural Gas Commission Act, 1959.BE it enacted by Parliament in the Forty-fourth Year of the
Republic of India as follows:-
1.Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Oil and Natural Gas Commission (Transfer of Undertaking and Repeal)
Act, 1993.(2) It shall be deemed to have come into force on the 2nd day of
July, 1993.2.Definitions.
2. Definitions. In this Act, unless the context otherwise requires,-
(a) “appointed day” means such date1* as the Central Govern-
ment may, by notification in the Official Gazette, appoint under section 3;
(b) “Corporation” means the Oil and Natural Gas Corporation
Limited, a company registered under the Companies Act, 1956.(1 of 1956)
(c) “Commission” means the Oil and Natural Gas Commission established under sub-section (1) of section 3 of the Oil and
Natural Gas Commission Act, 1959 (43 of 1959)
2.(d) “prescribed” means prescribed by rules made under this Act.
3.Undertaking of Commission to vest in Corporation.
3. Undertaking of Commission to vest in Corporation. On such date as the Central Government may, by notification in the Official
Gazette, appoint, the undertaking of the Commission shall stand transferred to, and vest in, the Corporation.
4.General effect of vesting of undertaking in Corporation.
4. General effect of vesting of undertaking in Corporation.
(1) On and from the appointed day, the entire capital of the
Commission shall, by virtue of this Act, stand vested in the
Corporation.
(2) The undertaking of the Commission which is transferred to, and which vests in, the Coporation under section 3 shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal or incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, works, workshops, vehicles, oil rigs, oil platforms, cash balances, deposits, foreign currencies, reserves, reserve funds or any other investments, securities, tenancies, leases and book debts and all other rights and interests arising out of such properties as were immediately before the appointed day in the ownership, possession or power of the Commission in relation to its undertaking, whether within or outside India, all books of account and registers, records and documents relating thereto and shall also be deemed to include all liabilities and obligations of whatever kind, within or outside India, of the Commission in relation to its undertaking subsisting immediately before the appointed day.
(3) All contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting immediately before the appointed day and affecting the Commission shall cease to have effect or to be enforceable against the Commission and shall be of as full force and effect against or in favour of the Corporation and enforceable as fully and effectually as if, instead of the
Commission the Corporation had been named therein or had been a party thereto.
(4) Any proceeding or cause of action pending or existing immediately before the appointed day by or against the Commission in relation to its undertaking may, as from the appointed day, be continued and enforced by, or against the Corporation as it might have been enforced by or against the Commission, if this Act had not been in force, and shall cease to be enforceable by or against the
Commission.
5.Licences, etc., to be deemed to have been granted to Corporation.
5. Licences, etc., to be deemed to have been granted to
Corporation. With effect from the appointed day, all licences, leases, concessions, permits, quotas, benefits, privileges and exemptions granted to the Commission in connection with the affairs of the
Commission under any law for the time being in force, shall be deemed to have been granted to the Corporation.
6.Tax exemption or benefit to continue to have effect.
6. Tax exemption or benefit to continue to have effect. (1)
Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the Com-
mission under the Income-tax Act, 1961 (43 of 1961), such exemption, assessment or benefit shall continue to have effect, in relation to the Corporation.
1. 1.2.1994: Vide Notification No. G.S.R. 44 (E), dt. 28.1.1994.3.(2) Where any payment made by the Commission is exempt from deduction of the tax at source under any provision of the Income-tax
Act, 1961 (43 of 1961), the exemption from tax will continue to be available as if the provisions of the said Act made applicable to the
Commission were operative in relation to the Corporation.
(3) The transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the Income-Lax Act, 1961 (43 of 1961), for the purpose of capital gains.
7.Guarantee to be operative.
7. Guarantee to be operative. Any guarantee given for or in favour of the Commission with respect to any loan or lease finance or other assistance shall continue to be operative in relation to the
Corporation.
8.Provisions in respect of officers and other employees of Commission.
8. Provisions in respect of officers and other employees of
Commission. (1) Every officer or other employee of the Commission
(except a member or the chairman) serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Corporation by virtue of this Act, become, as from the appointed day, an officer or, as the case may be, other employee of the Corporation and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under the Commission if its undertaking had not vested in the Corporation and shall continue to do so as an officer or other employee of the Corporation or until the expiry of a period of one year from the appointed day if such _officer or other employee opts not to be the officer or other, employee of the
Corporation within such period.
(2) Where an officer or other employee of the Commission opts under sub-section (1) not to be in the employment or service of the
Corporation such officer or other employee shall be deemed to have resigned.
(3) Notwithstanding anything contained in the Industrial
Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the transfer of the service of any officer or other employee of the Commission to the Corporation shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
(4) The officers and other employees who have retired before the appointed day from the service of the Commission and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the Corporation.
(5) The trusts of the provident fund, gratuity fund or the superannuation scheme of the Commission and any other bodies created for the welfare of officers or other employees shall continue to discharge their functions in the Corporation as was being done hitherto in the Commission and any tax exemptions granted to the provident fund, gratuity fund and the superannuation scheme or any other bodies created for the welfare of officers or other employees shall continue to be applied to the Corporation.
(6) Notwithstanding anything contained in this Act or in the
Companies Act, 1956 (1 of 1956) or in any other law for the time being in force or in the
4.regulations of the Commission, no member or chairman of the Commis-
sion shall be entitled to any compensation against the Commission or the Corporation for the loss of office or for the premature termination of any contract of management entered into by him with the
Commission.
9.Power of entry.
9. Power of entry. (1) For the purposes of ascertaining the availability of any oil or natural gas, the Central Government may, on the request being made by the Corporation, authorise any officer or employee of the Corporation, by general or special order,–
(a) to enter and inspect any land;
(b) to survey and take measurements of such land;
(c) to dig holes or perform any other functions for the purposes of measuring or prospecting for the availability of oil and natural gas; and
(d) to examine any document, book, register or record in the possession or power of any person having the control of or connected with any such land and place marks of identification thereon and take extracts from and make copies of any such document, book, register or record.
(2) Every person authorised by the Central Government under sub-
section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(3) The Corporation shall be liable to pay compensation for any loss or damage caused to the land caused by its officers or employees in performing the functions under sub-section (1) in such manner as may be prescribed to the occupier of the land.
(4) The amount of compensation payable under sub-section (3)
shall be determined by the competent authority appointed by the
Central Government in the manner prescribed.
10.Power to make rules.
10. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, 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 the amount, and the manner of paying compensation for any loss or damage caused to the land by the officers and employees of the Corporation under sub-
sections (3) and (4) of section 9.(3) Every rule 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 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 both Houses agree that the rule should not be made, the rule 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 previously done under that rule.
11.Repeal of Act 48 of 1959.11. Repeal of Act 48 of 1959. (1) On the appointed day, the Oil and Natural Gas Commission Act, 1959 shall stand repealed.
5.(2) Notwithstanding such repeal, the Corporation shall, so far as may be, comply with the provisions of sections 22 and 23 of the said Act so repealed for any of the purposes related to the annual accounts of the Commission.
12.Repeal and saving.
12. Repeal and saving. (1) The Oil and Natural Gas Commission
(Transfer of Undertaking and Repeal) Ordinance, 1993 (Ord. 28 of
1993) is hereby repealed.
(2) Notwithstanding the repeal of the Oil and Natural Gas
Commission (Transfer of Undertaking and Repeal) Ordinance, 1993 (Ord.
28 of 1993) anything done or any action taken under the said
Ordinance, shall be deemed to have been done or taken under the corresponding provision of this Act.
1.Short title and commencement.
1. Short title and commencement. (1) This Act may be called the Public Records Act, 1993.(2) It shall come into force on such date1* as the Central
Government may, by notification in the Official Gazette, appoint.
2.Definitions.
2. Definitions. In this Act, unless the context otherwise requires,-
(a) “Board” means the Archival Advisory Board constituted under sub-section (1) of section 13;
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* 1-3-1995 : Vide Notification No. S.O. 128 (E), dated 1-3-1995.———————————————————————
2.(b) “Director General” means the Director General of
Archives appointed by the Central Government and includes any officer authorised by that Government to perform the duties of the Director General;
(c) “head of the Archives” means a person holding the charge of the Archives of the Union territory Administration;
(d) “prescribed” means prescribed by rules made under this
Act;
(e) “public records” includes-
(i) any document, manuscript and file;
(ii) any microfilm, microfiche and facsimile copy of a document;
(iii) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
(iv) any other material produced by a computer or by any other device,
of any records creating agency;
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1. 1-3-1995, Vide Notifn. No. S.O. 128E, dated 1-3-1995.(f) records creating agency includes,-
(i) in relation to the Central Government, any ministry, department or office of that Government;
(ii) in relation to any statutory body or corporation wholly or substantially controlled or financed by the Central
Government, or commission or any committee constituted by that Government, the offices of the said body, corporation, commission or committee;
(iii) in relation to a Union territory Administration, any department or office of that Administration;
(iv) in relation to any statutory body or corporation wholly or substantially controlled or financed by Union territory
Administration or commission or any committee constituted by that Administration, the offices of the said body, corporation, commission or committee;
(g) “records officer” means the officer nominated by the records creating agency under sub-section (1) of section 5.3.Power of the Central Government to coordinate, regulate and superviseoperations connected with administration, management, etc., of publicrecords.
3. Power of the Central Government to coordinate, regulate and supervise operations connected with administration, management, etc., of public records. (1) The Central Government shall have the power to coordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of public records under this Act.
(2) The Central Government in relation to the public records of the records creating agencies specified in sub-clauses (i) and (ii) of clause (f) of section 2 and the Union territory Administration in relation to the public records of the records creating agencies specified in sub-clauses (iii) and (iv) of the said clause, may, by order, authorise the Director General or the head of the Archives, as the case may be, subject to such conditions as may be specified in the o[[rder, to carry out all or any of the following functions, namely:-
(a) supervision, management and control of the Archives;
(b) acceptance for deposit of public records of permanent nature after such period as may be prescribed;
3.(c) custody, use and withdrawal of public records:
(d) arrangement, preservation and exhibition of public records;
(e) preparation of inventories, indices, catalogues and other reference media of public records;
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(f) analysing, developing, promoting and coordinating the standards, procedures and the techniques for improvement of the records management system;
(g) ensuring the maintenance, arrangement and security of public records in the SArchives and in the offices of the records creating agency;
(h) promoting utilisation of available space and maintenance equipments for preserving public records;
(i) tendering advice to records creating agencies on the compilation, classification and disposal of records and application of standards, procedures and techniques of records management;
(j) survey and inspection of public records;
(k) organising training programmes in various disciplines of Archives administration and records management;
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(l) accepting records from any private source;
(m) regulating access to public records;
(n) receiving records from defunct bodies and making arrangement for securing public records in the event of national emergency;
(o) receiving reports on records management and disposal practices from the records officer;
(p) providing authenticated copies of, or extracts from, public records;
(q) destroying or disposal of public records;
(r) obtaining on lease or purchasing or accepting as gift any document of historical or national importance.
4.Prohibition against taking of public records out of India.
4. Prohibition against taking of public records out of India.
No person shall take or cause to be taken out of India any public re-
cords without the prior approval of the Central Government:
Provided that no such prior approval shall be required if any public records are taken or sent out of India for any official purpose.
5.Records officer.
5. Records officer. (1) Every records creating agency shall nominate one of its records officer to discharge the functions under this Act.
(2) Every records creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer.
6.Responsibilities of records officer.
6. Responsibilities of records officer. (1) The records officer shall be responsible for-
(a) proper arrangement, maintenance and preservation of public records under his charge;
4.(b) periodical review of all public records and weeding out public records of euphemeral value;
(c) appraisal of public records which are more than twenty-
five years old in consultation with the National Archives of
India or, as the case may be, the Archives of the Union territory with a view to retaining public records of permanent value;
(d) destruction of public records in such manner and subject to such conditions as may be prescribed under sub-
section (1) of section 8;
(e) compilation of a schedule of retention for public records in consultation with the National Archive of India or, as the case may be, the Archives of the Union territory;
(f) periodical review for downgrading of classified public records in such manner as may be prescribed;
(g) adoption of such standards, procedures and techniques as may be recommended from time to time by the National
Archives of India for improvement of record management system and maintenance of security of public records;
(h) compilation of annual indices of public records;
(i) compilation of organisational history and annual supplement thereto;
(j) assisting the National Archives of India or, as the case may be, the Archives of the Union territory for public records management;
(k) submission of annual report to the Director General or, as the case may be, head of the Archives in such manner as may be prescribed;
(l) transferring of records of any defunct body to the
National Archives of India or the Archives of the Union territory, as the case may be, for preservation.
(2) The records officer shall act under the direction of the
Director General or, as the case may be, head of the Archives while discharging the responsibilities specified in sub-section (1)
7.Records officer to take appropriate action in the event ofunauthorised removal, destruction, etc., of public records in hiscustody.
7. Records officer to take appropriate action in the event of unauthorised removal, destruction, etc., of public records in his custody. (1) The records officer shall, in the event of any unauthorised removal, destruction, defacement or alteration of any public records under his charge, forthwith take appropriate action for the recovery or restoration of such public records.
(2) The records officer shall submit a report in writing to the
Director General or as the case may be, the head of the Archives without any delay on any information about any unauthorised removal, destruction, defacement or alteration of any public records under his charge and about the action initiated by him and shall taken action as he may deem necessary subject to the directions, if any, given by the Director General or, as the case may be, head of the Archives.
(3) The records officer may seek assistance from any government officer or any other person for the purpose of recovery or restoration of public records and such officer or person shall render all assistance to the records officers.
5.8.Destruction or disposal of public records.
8. Destruction or disposal of public records. (1) Save as otherwise provided in any law for the time being in force no public record shall be destroyed or otherwise disposed of except in such manner and subject to such conditions as may be prescribed.
(2) No record created before the year 1892 shall be destroyed, except where, in the opinion of the Director General or, as the case may be, the head of the Archives, it is so defaced or is in such con-
dition that it cannot be put to any archival use.
9.Penalty for contraventions.
9. Penalty for contraventions. Whoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both.
10.Public records bearing security classification.
10. Public records bearing security classification. No public records bearing security classification shall be transferred to the
National Archives of India or the Archives of the Union territory.
11.Receipt of records from private sources.
11. Receipt of records from private sources. (1) The National
Archives of India or the Archives of the Union territory may accept any record of historical or national importance from any private source by way of gift, purchase or otherwise.
(2) The National Archives of India or, as the case may be, the
Archives of any Union territory may, in such manner and subject to such conditions as may be prescribed, make any record referred to in sub-section (1) available to any bona fide research scholar.
12.Access to public records.
12.Access to public records. (1) All unclassified public record, as are more than thirty years old and are transferred to the
National Archives of India or the Archives of the Union territory may be subject to such exceptions and restrictions as may be prescribed made available to any bona fide research scholar.
Explanation.– For the purposes of this such section, the period of thirty years shall be reckoned from the year of the opening of the public record.
(2) Any records creating agency may grant to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed.
13.Archival Advisory Board.
13. Archival Advisory Board. (1) The Central Government may, by notification in the Official Gazette, constitute an Archival Advisory
Board for the purposes of this Act.
(2) The Board shall consist of the following members, namely:-
(a) Secretary to the Government of India in the Ministry of
Central Government dealing with culture (Chairman, ex officio;)
(b) one officer not below the rank of Joint Secretary to the
Government of India each from the Cabinet Secretariat, Ministry of Home Affairs, Ministry of Defence, Ministry of
External Affairs, Ministry of Finance and Ministry of
Personnel, Public Grievances and Pension (Members, ex officio;)
(c) two representatives not below the rank of Joint
Secretary in the Union territory Administrations to be nominated by the Central Government (Members)
(d) three persons to be nominated by the Central
Government for a period not exceeding three years, one being an Archivist and two being Professors in the Post-graduate
Department of History in any recognised University. (Members)
(e) Director General (Member-Secretary, ex officio).
6.(3) The members nominated under clause (d) of sub-section (2)
shall be paid such allowances as may be prescribed.
14.Functions of the Board.
14. Functions of the Board. The Board shall perform the following functions, namely:-
(a) advise the Central Government and Union territory
Administrations on matters concerning the administration, management, conservation and use of public records;
(b) lay down guidelines for training of Archivists;
(c) give directions for acquisition of records from private custody;
(d) deal with such other matters as may be prescribed.
15.Power of the Director General to lay down norms and standards forcourses in archival science.
15. Power of the Director General to lay down norms and standards for courses in archival science. The Director General shall have the power to lay down norms and standards for courses curricula, assessment and examinations relating to the training in archival science and other ancillary subjects.
16.Protection of action taken in good faith.
16. Protection of action taken in good faith. No Suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
17.Power to make rules.
17. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules to carry 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 period after which public records of permanent nature may be accepted under clause (b) of sub-section (2) of section 3;
(b) the manner in which and the conditions subject to which public records can be destroyed under clause (d) of sub-
section (1) of section 6;
(c) the manner in which periodical review of classified public records for downgrading shall be undertaken under clause (f) of sub-section (1) of section 6;
(d) the manner in which the records officer will report to the Director General or the head of the Archives under clause
(k) of sub-section (1) of section 6;
(e) the manner in which and the conditions subject to which public records may be destroyed or disposed of under sub-
section (1) of section 8;
(f) the manner in which and the conditions subject to which records of historical or national importance may be made available to research scholar under sub-section (2) of section 11;
7.(g) exceptions and restrictions subject to which public records may be made available to a research scholar under sub-section (1) of section 12;
(h) the manner in which and the conditions subject to which any records creating agency may grant to any person access to public records in its custody under sub-section (2) of section 12;
(i) the allowances payable to members of the Board under sub-section (3) of section 13;
(j) the matters with respect to which the Board may perform its functions under clause (d) of section 14;
(k) any other matter which is required to be, or may be, prescribed.
18.Laying of rules before Parliament.
18. Laying of rules before Parliament. Every rule 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 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 both Houses agree that the rule should not be made, the rule 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 pre-
viously done under that rule.**********************************************************
THE NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993.NO. 73 OF 1993.[29th December
An Act to provide for the establishment of a National Council for
Teacher Education with a view to achieving planned and co-ordinated development of the teacher education system throughout the country, the regulation and proper maintenance of norms and standards in the teacher education system and for matters connected therewith.
Be it enacted by Parliament in the Forty-fourth Year of the
Republic of India as follows: –
.
CHAPTER IPRELIMINARY
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1.Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be called the National Council for Teacher Education Act, 1993.(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1* as the Central
Government may, by notification In the Official Gazette, appoint.
2.Definitions.
2. Definitions. In this Act, unless the context otherwise requires,-
(a) “appointed day” means the date of establishment of the
National Council for Teacher Education under sub-section (1)
of section 3;
(b) “Chairperson” means the Chairperson of the Council appointed under clause (a) of sub-section (4) of section
3;
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1. 1.7.1995: Vide Notifn. No. S.O. 620 (E), dated 1.7.1995.2.(c) “Council” means the National Council for Teacher Educa-
tion established under sub-section (1) of section 3;
(d) “examining body” means a University, agency or authority to which an institution is affiliated for conducting examinations in teacher education qualifications;
(e) “institution” means an institution which offers courses or training in teacher education;
(f) “Member” means a Member of the Council and includes the
Chairperson and Vice-Chairperson;
(g) “Member-Secretary” means the Member-Secretary of the
Council appointed under clause (c) of sub-section (4) of section 3;
(h) prescribed” means prescribed by rules made under section 31;
(i) “recognised institution” means an institution recognised by the Council under section 14;
(j) “Regional Committee” means a committee established under section 20;
(k) “regulations” means regulations made under section 32;
(l) “teacher education” means programmes of education, research or training of persons for equipping them to teach at pre-primary, primary, secondary and senior secondary stages in schools, and includes non-formal education, part-
time education, adult education and correspondence education;
(m) “teacher education qualification” means a degree, diploma or certificate in teacher education awarded by a
University or examining body in accordance with the provisions of this Act;
(n) “University” means a University defined under clause (f)
of section 2 of the University Grants Commission Act, 1956.(3 of 1956), and includes an institution deemed to be a
University under section 3 of that Act;
(o) “Vice-Chairperson” means the Vice-Chairperson of the
Council appointed under clause (b) of sub-section (4) of section 3
CHAPTER IIACQUISITION AND TRANSFER OF THE ASSETS AND PROPERTIES OF KALAKSHETRA
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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.
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.(4) If, on the commencement of this Act, any suit, appeal or other proceeding of whatever nature in relation to any assets or pro-
perties 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.
6.Central Government to direct vesting of assets and properties in theFoundation.
6. Central Government to direct vesting of assets and properties in the Foundation.- (1) Notwithstanding anything contained in sections 4 and 5, the Central Government shall direct, by notification, that the right, title and interest in relation to the assets and properties of Kalakshetra, which had vested in it under section 4, shall vest in the Foundation on such date, not being a date earlier than the date of commencement of this Act, as may be specified in the notification.
(2) On and from the date of vesting of the right, title and interest in relation to the assets, and properties of Kalakshetra in the Foundation under sub-section (1)
(a) the Foundation shall be deemed to have become the owner of the assets and properties; and
(b) the rights and liabilities of the Central Government, in relation to such assets and properties shall be deemed to have become the rights and liabilities respectively of the
Foundation.
7.Duty of persons to deliver and to account for assets, properties, etc.
7. Duty of persons to deliver and to account for assets, properties, etc.- (1) On the vesting in the Central Government of the assets and properties of Kalakshetra, all persons in charge of the management of the said assets and properties immediately before the date of such vesting, shall be bound to deliver to the Central
Government or to the Foundation or to such person or body of persons as the Central Government or the Foundation may specify in this behalf, all assets, properties, books of account, registers or other, documents in their custody relating to the assets and properties of
Kalakshetra.
(2) Every person who has, in his possession or control any assets, properties, books, documents or other papers relating to
Kalakshetra which have vested in the Central Government or the
Foundation under this Act, and which belong to, Kalakshetra or would have so belonged if Kalakshetra had not vested in the Central
Government or the Foundation, shall be liable to account for the said assets, properties, books, documents and 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.
(3) The Central Government shall take or cause to be taken all necessary steps for securing possession of assets and properties of
Kalakshetra which have vested in it under section 4.
CHAPTER IIESTABLISHMENT OF THE COUNCIL
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3. Establishment of the Council. (1) With effect from such date as the Central Government may, by notification in the Official
Gazette, appoint, there shall be established a Council to be called the National Council for Teacher Education.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to contract and shall, by the said name, sue and be sued.
(3) The head office of the Council shall be at Delhi and the
Council may, with the previous approval of the Central Government, establish regional office at other places in India.
3.(4) The Council shall consist of the following Members, namely:-
(a) a Chairperson to be appointed by the Central
Government;
(b) a Vice-Chairperson to be appointed by the Central
Government;
(c) a Member-Secretary to be appointed by the Central
Government;
(d) the Secretary to the Government of India in the Depart-
ment dealing with Education, ex officio;
(e) the Chairman, University Grants Commission established under section 4 of the University Grants Commission Act, 1956.(3 of 1956), or a member thereof nominated by him, ex officio;
(f) the Director, National Council of Educational Research and Training, ex officio;
(g) the Director, National Institute of Educational
Planning and Administration, ex officio;
(h) the Adviser (Education), Planning Commission, ex officio;
(i) the Chairman, Central Boards of Secondary Education, ex officio;
(j) the Financial Adviser to the Government of India in the
Department dealing with Education, ex officio;
(k) the Member-Secretary, All-India Council for Technical
Education, ex officio;
(l) the Chairpersons of all Regional Committees, ex officio;
(m) thirteen persons possessing experience and knowledge in the field of education or teaching to be appointed by the
Central Government as under, from amongst the-
(i) Deans of Faculties of Education and Professors of
Education in Universities–Four;
(ii) experts in secondary teacher education–One;
(iii) experts in pre-primary and primary teacher education–Theree;
(iv) experts in non-formal education and adult education-Two;
(v) experts in the field of natural sciences, social sciences, linguistics, vocational education, work experience, educational technology and special education, by rotation, in the manner prescribed -Three;
(n) nine Members to be appointed by the Central Government to represent the States and the Union territory
Administrations in the manner prescribed;
(o) three Members of Parliament of whom one shall be nominated by the Chairman of the Council of States and two by the Speaker of the House of the People;
4.(p) three Members to be appointed by the Central Government from amongst teachers of primary and secondary education and teachers of recognised institutions.
(5) It is hereby declared that the office of the Member of the
Council shall not disqualify its holder for being chosen as or for being a member of either House of Parliament.
4.Term of office and conditions of service of Members.
4. Term of office and conditions of service of Members. (1) The
Chairperson, Vice-Chairperson and the Member-Secretary shall hold office on a full-time basis.
(2) The term of office of the Chairperson, the Vice-Chairperson and the Member-Secretary shall be four years, or till they complete the age of sixty years, whichever is earlier.
(3) The conditions of service of the Chairperson, the Vice-
Chairperson and the Member-Secretary shall be such as may be prescribed.
(4) The term of office of Members [other than the Members specified in clauses (a) to (l) and clauses (n) and (o) of sub-section
(4) of section 3] shall be two years or till fresh appointments are made, whichever is later, and other conditions of service of such members shall be such as may be prescribed.
(5) If a casual vacancy occurs in the office of Chairperson, whether by reason of death,resignation or inability to discharge the functions of a Chairperson owing to illness or other incapacity, the
Vice-Chairperson holding office as such for the time being, shall act as the Chairperson and shall, unless any other person is appointed earlier as Chairperson, hold office of the Chairperson for the remainder of the term of office of the person in whose place the said person is to so act.
(6) If a casual vacancy occurs in the office of the Vice-
Chairperson or any other Member, whether by reason of death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by making fresh appointment and the person so appointed shall hold office for the remainder of the term of the office of the person in whose place such person is so appointed.
(7) The Chairperson shall, in addition to presiding over the meetings of the Council, exercise and discharge such powers and duties of the Council as may be delegated to him by the Council and such other powers and duties as may be prescribed.
(8) The Vice-Chairperson shall perform such functions as may be assigned to him by the Chairperson from time to time.
5.Disqualification for office of Member.
5. Disqualification for office of Member. A person shall be disqualified for being appointed as a Member if he–
(a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central
Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
5.(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the
Government or a body corporate owned or controlled by the
Government; or
(e) has in the opinion of the Central Government such financial or other interest in the Council as is likely to affect prejudicially the discharge by him of his functions as a Member.
6.Vacation of office of Member.
6.Vacation of office of Member. The Central Government shall remove a Member if he-
(a) becomes subject to any of the disqualifications mentioned in section 5:
Provided that no Member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or
(b) refuses to act or becomes incapable of acting; or
(c) is, without obtaining leave of absence from the
Council, absent from three consecutive meetings of the
Council; or
(d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest:
Provided that no Member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.
7.Meetings of the Council.
7. Meetings of the Council. (1) The Council shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations:
Provided that the Council shall meet at least once every year.
(2) The Chairperson, and in the absence of the Chairperson, the
Vice-Chairperson shall preside at the meetings of the Council.
(3) If for any reason the Chairperson and the Vice-Chairperson, both are unable to attend any meeting of the Council, any other Member chosen by the Members present at the meeting shall preside at that meeting.
(4) All questions which come up before any meeting of the Council shall be decided by a majority of votes of the Members present and voting and in the event of any equality of votes, the Chairperson, or in the absence of the Chairperson the person presiding, shall have and exercise a second or casting vote.
6.8.Vacancies, etc., not to invalidate proceedings of the Council.
8. Vacancies, etc., not to invalidate proceedings of the Council.
No act or proceeding of the Council shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the Council; or
(b) any defect in the appointment of a person acting as a
Member of the Council; or
(c) any irregularity in the procedure of the Council not affecting the merits of the case.
9.Power to co-opt.
9. Power to co-opt. (1) The Council may co-opt, in such manner and for such purposes as may be determined by regulations, not more than three persons, whose assistance or advice it may desire in carrying out any of the provisions of this Act.
(2) The person co-opted by the Council under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Council, and shall not be a Member for any other purpose.
10.Appointment of officers and other employees of the Council.
10. Appointment of officers and other employees of the Council.
(1) For the purpose of enabling the Council to discharge its functions efficiently under this Act, the Council shall, subject to such regula-
tions as may be made in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary:
Provided that the category of posts equivalent to Group `A posts in the Central Government shall be subject to the approval of the
Central Government.
(2) Every officer or other employee appointed by the Council shall be subject to such conditions of service as may be determined by regulations.
11.Authentication of the orders and other instruments of the Council.
11. Authentication of the orders and other instruments of the Council. All orders and decisions of the Council shall be authenticated by the signature of the Chairperson or any other Member authorised by the Council in this behalf, and all other instruments issued by the Council shall be authenticated by the signature of the
Member-Secretary or any other officer of the Council authorised in like manner in this behalf by the Chairperson
CHAPTER IIIKALAKSHETRA FOUNDATION
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8. Establishment and incorporation of foundation.- (1) With effect from such date as the Central Government may, by notification, appoint in this behalf there shall be established a Foundation to be called the Kalakshetra Foundation.
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(2) The Foundation shall be a body corporate by the name afore-
said, having perpetual succession and a common seal, with power to ac-
quire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
(3) The office of the Foundation shall be located at
Thiruvanmiyur, Madras.
9.The object of foundation.
9. The object of foundation.- The objects of the Foundation shall be,-
(i) to emphasise the essential unity of all true arts;
(ii) to work for the recognition of the arts as vital to the individual, national and international growth;
(iii) to maintain the highest traditions of art and culture in their pristine purity and in conformity with traditions;
(iv) to arrange for the training, research, study, teaching and development of art and science, music, dance-drama, fine arts, and Bharat-Natyam; and
(v) to ensure that the principles of “education without fear” and “art without vulgarity” are adhered to in the activities of the Foundation and not to permit any deviation from these high ideals.
10.Authorities of the Foundation.
10. Authorities of the Foundation.- (1) The Foundation shall consist of the following, authorities, namely:-
(a) the Governing Board;
(b) the Academic Committee; and
(c) the Finance Committee.
(2) In the discharge of functions and exercise of powers under this Act, the authorities referred to in sub-section (1) shall be guided by the objects specified in section 9.11.The Governing Board.
11. The Governing Board.- The Governing Board shall consist of-
(a) a Chairperson, who shall be a person of high eminence in public life, to be appointed by the Central Government;
(b) not more than twelve Members to be nominated by the
Central Government from amongst persons who-
(i) have rendered valuable service to Kalakshetra;
(ii) have been connected with, or have knowledge of art, culture, folk arts and crafts;
(iii) are eminent artistes; and
(iv) are patrons of art and culture ;
6.(c) two persons, possessing one or more of the qualifications referred to in sub-clauses (i) to (ii) of clause (b), to be nominated by the State Government;
(d) two officers of the Central Government, not below the rank of a Deputy Secretary, to be nominated by that
Government, to represent the Ministry of the Central
Government dealing with culture, ex officio;
(e) one officer of the State Government, not below the rank of Joint Secretary, to be nominated by that Government, to represent the Department of Education of that Government, ex-
officio; and
(f) the Director, ex officio.
12.Terms of office of Members.
12. Terms of office of Members.- (1). The term of office of the
Members shall be five years from the date of constitution of the
Governing Board.
(2) If a casual Vacancy occurs in the office of a Member nominated under clause (b) or clause (c) of section 11, whether by reason of his death, resignation or inability to discharge his func-
tions owing to illness or other incapacity, such vacancy shall be filled by making fresh nomination and the Member so nominated shall hold office for the remainder of the term of office of the Member in whose place he is so nominated.
(3) An outgoing, Member shall be eligible for renomination,
(4) A Member may resign his office by writing under his hand addressed to the Central Government but shall continue in office until his resignation is accepted by that Government.
(5) The Members nominated under clauses (b) and (c) of section
11, shall be entitled to such allowances as may be prescribed.
13.Meetings of Governing Board.
13. Meetings of Governing Board.- (1) The Governing Board shall meet, at least twice in a year at Madras at such time as may be fixed by the Chairperson of the Governing Board.
(2) All decisions at the meeting of the Governing Board shall be taken by majority of the Members present and voting:
Provided that in the case of equality of votes the Chairperson of the Governing Board shall have a casting vote.
(3) The Governing Board shall observe such procedure in regard to the transaction of its business at its meetings (including the quorum at its meetings) as may be specified by regulations.
(4) No act or proceeding of the Governing Board shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the
Governing Board; or
(b) any defect in the nomination of a person acting as a
Member of the Governing Board; or
(c) any irregularity in the procedure of the Governing
Board not affecting the merits of the case.
7.14.Governing Board to be the supreme authority of Foundation.
14. Governing Board to be the supreme authority of Foundation.
– (1) The Governing Board shall be the supreme authority of the
Foundation and the general superintendence, direction and management of the affairs of the Foundation shall vest in the Governing Board.
(2) The Governing Board shall exercise such powers and discharge such functions as may be prescribed.
15.Academic Committee.
15. Academic Committee.- (1) The Academic Committee shall consist of-
(a) the Director;
(b) the Heads of the constituent units;
(c) three distinguished persons in the field of art and culture including dance,music, folk arts and crafts, to be culture including dance, music, folk arts and crafts, to be
(d) one person to be nominated by the State Government, re-
presenting the Department of Education of that Government.
(2) The tenure of office and other terms and conditions of the members of the Academic Committee shall be such as may be specified by regulations.
(3) The Academic Committee shall observe such procedure in regard to the transaction of its business at its meetings (including the quorum at the meetings) as may be specified by regulations.
16.Powers and functions of Academic Committee.
16. Powers and functions of Academic Committee.- The Academic
Committee shall be responsible for the maintenance of standards of education, training and examination conducted by the constituent units and shall exercise such other powers and perform such other functions as may be assigned to it, from time to time, by the Governing Board.
17.Finance Committee.
17. Finance Committee.- (1) The Finance committee shall consist of-
(a) the Financial Adviser to the Government of India or his nominee in the Ministry of the Central Government dealing with culture;
(b) an officer of the Central Government, not below the rank of a Deputy Secretary, to be nominated by that
Government;
(c) an officer of the State Government not below the rank of a Deputy Secretary, to be nominated by that Government, representing the Department of Finance of that Government;
and
(d) the Director.
(2) The Finance committee shall observe such procedure in regard to the transaction of the business at its meetings as may be specified by regulations.
18.Powers and functions of Finance Committee.
18. Powers and functions of Finance Committee.- The Finance
Committee shall-
(i) scrutinise the annual statement of accounts and budget estimates of the Foundation prepared by the Director and make recommendations to the Governing Board;
(ii) prescribe the limits of the recurring and non-recurring expenditure of the Foundation for each financial year;
8.(iii) review the financial position of the Foundation from time to time and have an internal audit conducted; and
(iv) perform such other functions as may be prescribed.
19.Appointment and duties of Director.
19. Appointment and duties of Director.- (1) The Central
Government shall, by notification, appoint a Direct-or who shall be the principal executive officer of the Foundation and who shall be responsible for the proper administration of the affairs of the
Foundation and its day-to-day management and shall exercise such other powers and perform such other duties as may be assigned to him by the
Governing Board.
(2). The Director shall prepare the annual statement of accounts and budget estimates of the Foundation for scrutiny by the Finance
Committee.
(3). The Director shall be a whole time employee of the
Foundation and shall be entitled to such salary and allowances out of the Fund and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters, as may be prescribed.
20.Transfer of service of existing employees.
20. Transfer of service of existing employees.- On and from the appointed day, every officer or other employee, employed immediately before the appointed day in connection with the affairs of
Kalakshetra shall become an officer or other employee of the
Foundation and shall hold office by the same tenure and remuneration and on the same terms and conditions as to pension, gratuity and other matters as he would have held under the Board of Trustees or any other body, in whatever, capacity, if this Act had not been passed and shall continue to do so, unless and until his employment in the
Foundation is terminated or until his tenure, remuneration and other terms and conditions are duly altered by the Foundation:
Provided that the tenure, remuneration and other terms and condi-
tions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of Central
Government.
CHAPTER IVFINANCE, ACCOUNTS AND AUDIT
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21.Grants by Central Government to the Foundation.
21. Grants by Central Government to the Foundation.- For the purpose of enabling the Foundation to discharge its functions efficiently 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, on such terms and conditions as that Government may determine, by way of grant, loan or otherwise.
22.Fund of the Foundation.
22. Fund of the Foundation.- (1) The Foundation shall have its own Fund; and all sums which may, from time to time, be paid to it by the Central Government and all receipts of the Foundation (including any sum to which the State Government or any other authority or person may pay to the Foundation) shall be credited to the Fund and all payments by the Foundation shall be made therefrom.
(2) All moneys belonging to the Fund shall be deposited in, such banks or invested in such manner as may, subject to the approval of the Central Government, be decided by the Governing Board.
9.(3) The Foundation may spend such sums as it may think fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the Fund of the Foundation.
23.Budget.
23. Budget.- The Foundation shall prepare, in such form and at such time each year, as may be prescribed, the budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central
Government.
24.Accounts and audit of the Foundation.
24. Accounts and audit of the Foundation.- (1) The Foundation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be approved by the Comptroller and Auditor-General of
India.
(2) The accounts of the Foundation shall be audited by the Comp-
troller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Foundation to the Comptroller and Auditor-General of India.
(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, privileges and authority in connection with such audit as the Comptroller and Auditor-General of
India has in connection with the audit of the 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 India or any 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.
25.Duty of furnish returns, annual reports, etc.
25. Duty to furnish returns, annual reports, etc.- (1) The
Foundation shall furnish to the Central Government at such time and in such form and in such manner, as may be prescribed, or as the Central
Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the objects of the Foundation, as the
Central Government may, from time to time, direct.
(2) Without prejudice to the provisions of sub-section (1), the
Foundation shall, as soon as possible after the end of each financial year, submit to the Central Government an annual report in such form and before such date as may be prescribed, giving a true and full account of its activities 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.
