(i) The Council shall maintain a Fund to which shall be credited—
(a) all moneys received from the Central Government;
(b) all moneys received by the Council by way of grants, gifts, donations, benefications, bequests or transfers; and
(c) all moneys received by the Council in any other manner or from any other source.
(2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Council may, subject to the approval of the Central Government, decide.
0) The Fund shall be applied towards meeting the administrative and other expenses of the Council, including expenses incurred in the exercise of its powers and discharge of its functions under section 16 or in relation to any of the activities referred to therein or for anything relatable thereto.
Budget of Council,
19. The Council shall prepare, in such form and at such time every year, as may be prescribed by rules, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the Council and shall forward to the Central Government such number of copies thereof as may be prescribed by rules.
Accounts and audit.
20. (/) The Council shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as the Central Government may, by rules, prescribe and in accordance with such general direction as may be issued by that Government, in consultation with the Comptroller and Auditor- General of India.
(2) The accounts of the Council shall be audited by the Comptroller and Auditor- General of India and any expenditure incurred by him in connection with such audit shall be payable by the Council 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 Council 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 or offices of the Council.
(4) The accounts of the Council 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.
Annual repor 21. The Council shall prepare every year, in such form and at such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
22. All orders and decisions of the Council shall be authenticated by the signature of the President or the Vice-President and all other instruments issued by the Council shall be authenticated by the signature of the Director-General or any other officer of the Council authorised by the Council in this behalf.
Authentication of orders and instruments of Council.
23. No act of proceeding of the Council, Governing Body or any standing or ad hoc committee under this Ordinance shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Council; or (*) 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.
Vacancy, etc, not to invalidate proceedings of the Council, etc.
24. The Council shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.
25. (/) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Ordinance.
(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 :— Reports, returns and information.
Power to make rules.
(a) the manner of filling vacanices among members under sub-section (7) of section 8;
(b) the powers and functions to be exercised and discharged by the President and the Vice-President under sections 9 and 10, as the case may be;
(c) the allowances to be paid to the members under section 11;
W) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 14;
(e) the number of other offices and employees that may be appointed by the Council and the manner of such appointment under sub-section (5) of section 15;
if) the salaries and allowances payable to the Director-General and other officers and employees of the Council under sub-section (6) of section 15;
(g) such other functions to be performed by the Council under section 16;
(A) the form in which and the time at which the budget shall be prepared by the Council and the number of copies thereof to be forwarded to the Central Government under section 19;
(i) the form in which an annual statement of accounts including the balancesheet shall be prepared by the Council under sub-section (1) of section 20;
(/) the form in which and the time at which the annual report of the activities of the Council shall be submitted to the Central Government under section 21;
(k) any other matter which has to be or may be prescribed by rules.
26. (/) The Council may, with the previous approval of the Central Government, make regulations consistent with the provisions of this Ordinance and the rules to carry out the provisions of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely :—
(a) the summoning and holding of meetings, other than the first meeting of the Council, the time and place where such meetings are to be held and the transaction of business at such meetings under section 12;
(Z>) the manner in which the Governing Body shall be constituted under subsection (7) of section 14;
(c) the powers and functions to be exercised and discharged by the Governing Body and the Chairperson under sub-sections (2) and (J) of section 14;
Power to make regulations.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
(d) the procedure to be followed by the Governing Body in exercise of its powers and discharge of its functions and the term of office of, and the manner of filling vacancies among, the members of the Governing Body under sub-section (4) of section 14;
(e) the allowances to be paid to the Chairperson and members of the Governing Body, standing and ad hoc committees under sub-section (6) of section 14;
{/) the powers and functions to be exercised and discharged by the Director- General under sub-section I?) of section 15;
(g) the conditions of service of the Director-General and other officers and employees of the Council under sub-section (6) of section 15;
(h) any other matter which has to be or may be prescribed by regulations.
C?) Notwithstanding anything contained in sub-section (/), the first regulations under this Ordinance shall be made by the Central Government and any regulations so made may be altered or rescinded by the Council in exercise of its powers under sub-section (7).
Rules and regulations to lie laid before Parliament.
27. Every rule and every regulation made under this Ordinance 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, Rnd if, before the ̂ j<jiiry of in*1 se^ion irmntidiH'f'ly following the s^sstiui or the successive sessions aforesaid, hnfh Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.
Power to remove difficulties
28. 0) If any difficulty arises in giving effect to the provisions of this Ordinance, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Ordinance as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the promulgation of this Ordinance.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Validation and lavings.
29. Notwithstanding the fact that the Indian Council of World Affairs Ordinance, 2001 has ceased to operate, it shall not affect—-
(a) the previous operation of, or anything duly done or suffered under the provisions of the Indian Council of World Affairs Ordinance, 2001;
OrJ.
1 of 2001.
(b) any right, privilege, obligation ui liability acquire], accrued i >r incurred under the said Ordinance;
(c) any investigation, legal proceeding or remedy in respect of any right, privilege, obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if the provisions of the Indian Council of World Affairs (Second) Ordinance, 2001 had been in force at all material times.
Ord.
1 of 2001.
K. R.NARAYANAN, President.
SUBHASH C. JAIN, Secy, to the Govt, of India.
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