(1) This Ordinance may be called the Kalakshetra Foundation Ordinance, 1993.
(2) It shall come into force at once, Short title and commencement.
2 , THE GAZETTE OF INDIA EXTRAORDINARY CPART II— Declaration of Kalakshe tea as an institution »f national importance.
Definitions.
2. Whereas the objects of tfse institution known as Kalakshetra at Adyar, Madras in the State of Tamil Nadu, founded by the late Thirumathi Rukmini Devi Amndale, are such as to make the institution on&Gt national importance, it is hereby declared that the institution known as Kalakshetra is an institution of national importance..
3. In this Ordinance, unless the context otherwise requires,—
(a) "Academic Committee" means the Academic Committee constituted under section 15;
(b) "appointed day" means the date on which the Foundation is established under sub-section (2) of section 8;
(c) "Beard of Trustees" means the Board of Trustees managing the affairs of Kalakshetra under the 'scheme writ' approved by the Madras High Court in petition. No, 71& of 1985; .
(d) "constituent units" means the units of Kalakshetra specified in the First Schedule; • ! j . ?
(e) "Director" means the Director appointed under sub-section
(2) of section 19;
(f) "Finance Committee" means the Finance Committee constituted under sub-section (1) of section 17;
(g) "Foundation" means the Kalakshetra Foundation established under sub-section (I) of section 8; >;
(h) "Fund" means the Fund of the Foundation referred to i n section 22;
(i) "Governing Board" means the Governing Board constituted under section li; . '"''
(j) "Kalakshetra" means the institution known as Kalakshetra.
founded by late Thirumathi Rukmini Devi Arundale, situated at Myar, Madras, and includes its constituent units;
(k) "notification" means a notification published itt the Official Cfazette;
(I) "Member" means a Member of the Governing Board and includes the Chairperson thereof;
(m) "prescribed" means prescribed by rules made under this Ordinance;
(n) "regulations" means regulations made under section 32;
(o) "Schedule" means a Schedule annexed to this Ordinance^
(p) "State Government" means, the Government of Tamil Nadu.
SEC. 1} THE GAZETTE OF INDIA EXTRAORDINARY ' ' * 3
CHAPTER II ACQUISITION AND TRANSFEB OF THE ASSETS AND PROPERTIES OF KAiAs&iffl&A i. On the commencement of this Ordinance, the right, title and in* ter-est in relation to the assets and properties of Kalakshetra specified in tb© 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. I
5. (!) The right, title and interest vested in the Central Government lender 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 Ordinance in the possession, ownership, power or control of the Board of TJrustees ©r any other body, in whatever capacity, and aU books of account, regist«£s, 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 incumberances 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 er any other instrument of similar nature granted to the Board of Trustees, xx 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 Ordinance 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 proper-ties, 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 Ek>a*d oi Trustees or any other body, in whatever capacity, would have held it under the terms Uiereof.
Transfer to and vesting in Central Government of assets and properties of Kalak- «hptc» i|j| General , effect of vesting. '• 4 THE GAZETTE OF INDIA EXTRAORDINARY [EA*T & - Central Governmoot to direct vesting of assets and properties fb the Foundation.
Duty of persons to deliver andf to account for assets, properties, etc.
(4) If on the commencement of this Ordinance, any suit, appeal or other proceeding of whatever nature in relation to any assets or properties which have vested in the Central Government under section 4, instituted or preferred by the Board of Trustees is pending, the.same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of such transfer and vesting, or of anything contained.in this Ordinance, 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. (/) Notwithstanding anything contained in section 4 and 5, the Central Government shall direct, by notification, that the right, title and interest in relation t0 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 Ordinance, 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. (I) On the vesting in the Central Government of the asset* and properties of Kalakshetra, all persons inchargg of the management of the saidi 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 jjnay specify in this beHalf, all assets, properties, 'books of account, registers or other documents in thein custody relating fo tne 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 tinder this Ordinance, and which belong to Kalakshgtrja or would have st> 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 tq the Central Government or the Foundation or to such person or body of persons as the Central Government or the Foundation may specify1 In Jhis behalf. . . , ' v * ^
(3) The Central Government sBall take or catise to be taken i l l necessary steps for securing possession of assets and properties of Kalakshetra which have vested in it under section 4. • -.: ' • "> SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
CHAPTER III KALAKSHETRA FOUNDATION '