THE
AUROVILLE FOUNDATION
ACT, 1988
(N° 54 of 1988)
TABLE OF CONTENTS
CHAPTER I
PRELIMINARY
1) Short title.
- Definitions.
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.
- General effect of vesting.
- Central Government or Foundation to be liable for certain prior liabilities.
- Power of Central Government to direct vesting of the undertakings in the Foundation.
- Management, etc., of the undertakings.
- Duties of persons in charge of management by undertakings to deliver all assets.
- Certain powers of the Central Government or the Foundation.
CHAPTER III
THE AUROVILLE FOUNDATION
- Establishment and incorporation of the Foundation.
- Governing Board.
- Term of office of members.
- Salary and allowances and other conditions of service of Chairman.
14) Meetings of the Governing Board.
- Secretary and other officers of the Foundation.
- Committees of the Governing Board.
- Powers and functions of the Governing Board.
- Residents' Assembly.
- Functions of Residents' Assembly.
20) Working Committee of Residents' Assembly.
- International Advisory Council.
- Dissolution of the Foundation.
- Grant by Central Government to the Foundation.
CHAPTER IV
MISCELLANEOUS
- Duty to furnish returns, etc.
25) Borrowing powers of the Governing Board.
26) Accounts and audit.
- Act to have overriding effect.
- Contracts to cease to have effect unless ratified by the Foundation.
- Penalties.
- Protection of action taken in good faith.
- Power to make rules.
- Power to make regulations.
- Rules and regulations to be laid before Parliament.
- Power to remove difficulties.
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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 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;
(c) "Council" means the Auroville International Advisory Council constituted under sub-section (1) of section 21;
(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, 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.
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.
(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 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;
(c) the Auroville International Advisory Council.
Governing Board
(11). (1) The Governing Board shall consist of the following members, namely:-
(i) not more than seven members to be nominated by the Central Government from amongst persons, who have-
(a) rendered valuable service to Auroville;
(b) dedicated themselves to the ideals of life-long
education synthesis of material and spiritual researches or human
unity;
(c) contributed significantly in activities that
are being persued or are envisaged to be promoted in Auroville,
including activities relating to environment, afforestation, arts and
crafts, industry, agriculture, humanities, sciences and integral yoga;
(ii) two representatives of the Central Government to be nominated by
it.
(2) The Central Government shall nominate a Chairman of the
Governing Board from amongst the members nominated by it under clause
(i) of sub-section (1).
(3) The general superintendence, direction and management of the
affairs of the Foundation shall vest in the Governing Board which may
exercise all the powers and discharge all the functions which may be
exercised or discharged by the Foundation.
(4) The Governing Board may associate with itself in such manner and
for such purposes as may be prescribed, any persons whose assistance or
advice it may desire in complying with any of the provisions of this
Act and a person so associated shall have the right to take part in the
discussions of the Governing Board relevant to the purposes for which
he has been associated, but shall not have the right to vote.
(5) No act or proceeding of the Governing Board or any committee
appointed by it under section 16 shall be invalidated merely by reason
of,-
(
a) any vacancy in, or any defect in the constitution of, the Governing Board or such committee; or
(b) any defect in the nomination of a person acting as a member of the Governing Board or such committee; or
(c) any irregularity in the procedure of the
Governing Board or such committee not affecting the merits of the case.
Term of office of members
(12). (1) Subject to the provisions of this section, the term of
office of the members of the Governing Board including the Chairman
shall be four years from the date of their nomination.
(2) An outgoing member of the Governing Board shall be eligible for re-nomination.
(3) The term of office of a member nominated to fill a casual
vacancy in the Governing Board shall continue for the remainder of the
term of the member in whose place he is nominated.
(4) A member may resign his office by writing under his
hand addressed to the Central Government but he shall continue in
office until his resignation is accepted by that Government.
Salary and allowances and other conditions of service of Chairman
(13). The Chairman of the Governing Board shall be entitled to
such salary and allowances and such conditions of service in respect of
leave, pension, provident fund and other matters as may, from time to
time, be fixed by the Central Government.
Meetings of the Governing Board
(14.) (1) The Governing Board shall meet at least once a year at
Auroville at such time as may be fixed by the Chairman of the Governing
Board.
(2) All the decisions at any meeting of the Governing Board
shall be taken by a majority of the members present and voting:
Provided that in the case of equality of votes, the Chairman of the
Governing Board shall have a casting vote.
Secretary and other officers of the Foundation
(15.) (1) The Central Government shall appoint a Secretary to
the Foundation to exercise such powers and perform such duties under
the Chairman of the Governing Board as may be prescribed or as may be
delegated to him by the Chairman.
(2) The Secretary shall be entitled to such salary and
allowances and such conditions of service in respect of leave, pension,
provident fund and other matters as may, from time to time, be fixed by
the Central Government.
(3) Subject to such control, restrictions and conditions as
may be prescribed, the Governing Board may appoint such other officers
and employees as may be necessary for the efficient performance of its
functions.
(4) The Chairman, Secretary and other officers and employees of the
Foundation shall not undertake any work unconnected with their duties
under this Act except with the permission of the Central Government.
Committees of the Governing Board
(16.) (1) The Governing Board may appoint such committees as may
be necessary for the efficient discharge of its duties and performance
of its functions under this Act.
(2) The Governing Board shall have the power to co-opt as members of any committee appointed under sub-section
(1), such number of persons who are not members of the
Governing Board as it may think fit, and the persons so co-opted shall
have the right to attend the meetings of the committee, and take part
in the proceedings of the committee, but shall not have the right to
vote.
Powers and functions of the Governing Board
(17.) The powers and functions of the Governing Board shall be-
(a) to promote the ideals of Auroville and to coordinate
activities and services of Auroville in consultation with the
Residents' Assembly for the purposes of cohesion and integration of
Auroville;
(b) to review the basic policies and the programmes of Auroville
and give necessary directions for the future development of Auroville;
(c) to accord approval to the programmes of Auroville drawn up by the Residents' Assembly;
(d) to monitor and review the activities of Auroville and to
secure proper management of the properties vested in the Foundation
under section 6 and other properties relatable to Auroville;
(e) to prepare a master-plan of Auroville in consultation
with the Residents' Assembly and to ensure development of Auroville as
so planned;
(f) to authorise and coordinate fund-raising for
Auroville and to secure proper arrangements for receipts and
disbursement of funds for Auroville.
Residents' Assembly
(18.) (1) The Residents' Assembly shall consist of all the
residents of Auroville who are for the time being entered in the
register of residents maintained under this section.
(2) The Secretary to the Government Board shall maintain the
register of residents in such manner as may be prescribed and all the
persons who are residents of Auroville and who are of the age of
eighteen years and above are entitled to have their names entered in
the register on an application made to the Secretary in such form as
may be prescribed.
59 of 1989
(3) All the names of residents, which have been included in the
register maintained by the Administrator appointed under section 5 of
the Auroville (Emergency Provisions) Act, 1980 immediately before the
appointed day, shall be deemed to have been included in the register
maintained under this section.
Functions of Residents' Assembly
(19.) (1) The Residents' Assembly shall perform such
functions as are required by this Act and shall advise the Governing
Board in respect of all activities relating to the residents of
Auroville;
(2) In particular, and without prejudice to the foregoing powers, the Residents' Assembly may-
(a) allow the admission or cause the termination of persons
in the register of residents in accordance with the regulations made
under section
32;
(b) organise various activities relating to Auroville;
(c) formulate the master plan of Auroville and make
necessary recommendations for the recognition of organisations engaged
in activities relatable to Auroville for the approval of the Governing
Board;
(d) recommend proposals for raising funds for Auroville for the approval of the Governing Board.
(3) For the purpose of carrying on its functions, the
Residents' Assembly may establish such committees as it may consider
necessary which shall represent it in relation to the functions to be
performed by the Governing Board.
Working Committee of Residents' Assembly
(20.) (1) There shall be a Working Committee of the Residents'
Assembly which shall assist the Residents' Assembly or, as the case may
be, the Governing Board, in discharging its duties under this Act.
(2) The Working Committee shall consist of not more than
seven members to be chosen by the Residents' Assembly from among
themselves.
(3) The manner of choosing the members of the Working
Committee and their term of office shall be such as may be decided by
the Residents' Assembly.
(4) The Working Committee may, with the approval of the
Governing Board, create or constitute other organisations, trusts,
societies or associations relatable to Auroville if the Working
Committee is satisfied that such organisations, trusts, societies or
associations have-
(a) their headquarters at Auroville;
(b) declared that in all matters relating to Auroville they
shall act in conformity with the decisions of the Governing Board and
that their main object is to promote the ideals laid down in the
Charter of Auroville proclaimed by the 'Mother' on the 28th day of
February, 1968.
Advisory Council
(21). (1) The Auroville International Advisory Council shall
consist of not more than five members nominated by the Central
Government.
(2) The Central Government may nominate the members of the Council from
amongst persons who in its opinion are devoted to the ideals of human
unity, peace and progress.
(3) The Council may, on its own motion or on a
reference made to it by the Governing Board, advise the Governing Board
on any matter relating to the development and management of Auroville.
(4) In tendering any advice to the Governing Board, the Council shall endeavour to secure that-
(a) the ideals for which Auroville has been established are encouraged, and
(b) the residents of Auroville are allowed freedom to grow
and develop activities and institutions for the fulfillment of the
aspirations and programmes envisaged in the said Charter of Auroville.
(5) There shall be a Chairman of the Council who shall be
elected by the members of the Council from among themselves.
(6) The term of office of, the method of filling casual
vacancies among, and the allowances and other remuneration, if any,
payable to, the members of the Council, shall be such as may be
determined by the Central Government.
(7) The Council shall have power to regulate its own procedure.
Dissolution of the Foundation
(22.) (1) The Central Government may, by notification and
for reasons to be specified therein, direct that the Foundation shall
be dissolved from such date and for such period as may be specified in
the notification:
Provided that before issuing any such notification, the Central
Government shall give a reasonable opportunity to the Foundation to
make representation against the proposed dissolution and shall consider
the representation, if any, of the Foundation.
(2) When the Foundation is dissolved under the provisions of sub-section
(1),-
(a) all members of the Governing Board, notwithstanding that the terms
of their office had not expired, shall, from the date of dissolution,
vacate their offices as such members;
(b) all powers and duties of the Foundation shall, during the
period of dissolution, be exercised and performed by such person or
persons as the Central Government may appoint in this behalf;
(c) all properties vested in the Foundation shall, during the period of dissolution, vest in the Central Government; and
(d) as soon as the period of dissolution expires, the Foundation
shall be reconstituted in accordance with the provisions of this Act.
Grant by Central Government to the Foundation
(23.) For the purpose of enabling the Foundation to discharge
its functions 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 as that
Government considers necessary by way of grant, loan or otherwise.
CHAPTER IV
MISCELLANEOUS
Duty to furnish returns, etc.
(24.) (1) The Governing Board shall furnish to the Central
Government at such time and in such form and manner as may be
prescribed, or as the Central Government may direct, such returns and
statements and such particulars as the Central Government may, from
time to time, require.
(2) Without prejudice to the provisions of sub-section
(1), the Governing Board shall, as soon as possible after the end of
each financial year, submit to the Central Government a report in such
form and before such date as may be prescribed giving a true and full
account of its activities, policy 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.
Borrowing powers of the Governing Board
(25.) Subject to such rules as may be made in this behalf,
the Governing Board shall have the power to borrow on the security of
the properties of Auroville or any other asset for carrying out the
purposes of this Act.
Accounts and audit
(26.) (1) The Governing Board shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts,
including the income and expenditure account and the balance-sheet in
such form as may be prescribed by the Central Government in
consultation with the Comptroller and Auditor General of India.
(2) The accounts of the Foundation shall be audited by the
Comptroller and Auditor General of India at such intervals as may be
specified by him and any expenses incurred in connection with such
audit shall be payable by the Foundation to the Comptroller and Auditor
General.
(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 and privileges and authority in
connection with such audit as the Comptroller and Auditor General of
India has in connection with the audit of 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 of India or any other 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.
Act to have overriding effec
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