(1) Hie Central Government shall, by notification, appoint a Director who shall be the principal executive officer of the Foundation and 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 Government Board.
(2), The Director shall prepare the annual statement of accounts.and budget estiraatejL-ot the Foundation for scrutiny by the Finance Ccmmittee. j j
(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. On and from the appointed day, every officer or other employee, employed &nine<jiateiy bejjore 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 initters m he would have held under the Board of Trustees or any other body, in whatever capacity, -if this Ordinance had not been promulgated and shall continue to-do so, unless and until his employment in the Jft&andation is terminated or until his tenure, remuneration and other terms and conditions are duly altered1 by the Foundation:
Provided that the tenure, remuneration and other terms and conditions of service of any such officer or employee shall not be altered! to his disadvantage without the previous approval of Ihe Central Government. - i Grants by Central Government to the Foundation.
Fund of the Foundation.
CHAPTER IV " ' " FINANCE, ACCOUNTS AND AUDIT ~ '
21. For the purpose of enabling the Foundation to discharge its functions efficiently under this Ordinance, 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. (2) 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 the receipts of the Foundation (including any sum 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 F»ad 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.
WC* *] THE ©AZETTE OF INDIA EXTRAORDINARY 9
(3) The Foundation may spfcnd. tftfflh sums as it may think fit for performing its functions under this Ordinance, and such sums shall be treated as expenditure payable out of the Fund of the Foundation.
23. 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. (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 fce approved by the Comptroller and Auditor-General of India.
(2) The accounts of the Foundation 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 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 aHidit o'i the accounts of the Foundation, shall have the sixiie 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. I
(4) The accounts d£ the FouftSAtfon as cettJfted by the Comptroller and AuditorHGetoeral of India or any person appointed by him in this behalf .together with the audit report thereon shall be forwardrd annually to the Cental Government and that Government shall eaiise the same to be laid before eariW House of Parliament.
25. (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, sluch retains 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 tirtle, direct.
(2) Without .prejudice to the provisions df siuto-section (1), the Foundation shall, as soon as possible after tfiie end 6Y e'atfH financial year, submit to the Central Government an annual report in such form arid Before such date as may be prescribed, giving a true and Ml account of ite activities and programmes during the previoife year.
(3) A copy of the report received under sub»Bect«jii (2) shall be laid, as soon as may be, after it is received, before each House of Parliament Budget.
Account* and Audit of the Foundation.
Duty to furnish 'returns, annual reports, etc.
10 THE OAZETTE OF INDIA EXTRAORDINARY [P^r H— Prior approval •f til» Centra] Governmeal for alienation of property.
Power of CentnOr , Government to give direction* to the Foundation Dissolution of the fundation.
Protection of action taken «n good faith.
CHAPTER V MISCELLANEOUS 26- The Foundation shall not, except with the previous approval of the Central Government, shaft or otherwise dispose of any property vajto^in the Foundation- XI, (1) U» Central Government may, if it is satisfied that it is peoesjlsaty m to do in i&e ptifbbc interest, asm, tor reasons to be- recorded and communicated to die Foundafcen, jucfa directions as it thinks fit <2) Without prejudice to the generality of the foregoing powers, sucfc directions may include directions requiring tfre Foundation—
(a) to mate or amend any regulation within such period as may be - "specified In the directions; and
(b) to give priority to the. work undertaken or to be undertaken by the Foundation in such manner as the Central Government may flunk fit to specify In this bebatt , . .
,,- M) Any direction,issued under this section shall have effect notwithsjisnding, atnytfimg «w»taincd in any J«w for tye time being in force.
I 2%. (1) The Central Government may, by; notification and for reasons "to he sppcined therein, dissorve. &e F<mmdftipo ^ran such date and, for $iga period aa may be specified in the .notiffcafiiQn:
(Provided that before issuing any such notification, the Central Oovernmeat shall give a reasonable opportunity to the Foundation to make repre- - sentetion against fceprqposed 4is8Ohition, " (2) When fee Foundation is dissolved under "stth-secfdon (/),—-
(a) aU numbers of the Governing Board, Academic Commit$ee and the Finance Committee, notwithstanding-that the terms of their office had not expired, shall, from the date of d ssolutian, vacate their offices as such Menders;
(fc) AB powers and duties of Jibe Governing Board, Academic Committee and' lite Finance Committee shall, during .the period of dissolution, be exercised and performed by such .person or persons as the Central Government_may appohtt yi this behalf;
(c) ail properties and assets vested in <iie Foanrfajtion "shaH, during the period of dissolution vest in the Central Government; and - - (d) as soon as after Uft perfod df dissolution expires, the" Foundation sjhaM be ree«w®ate4 fc secordaace with the provisions dt this Ordinance- - -
29. No wit* prosecution or other S^al proceedings shall He against the Centra] Government or any officer of that Government or fine Foundation or Member or Director or any officer of flue Foundation for anything which is- in food faith, dan© or inteOfed to be <fc»e under this Ordinance.
me 1] THE OAJBTTE OF INDIA EXTRAORDINARY U
30. Every Member of the. Governing Board, Academic Committee and the Finance Committee and the Director of the Foundation shall be indemnitted by the l-oundation against all losses and expenses .incurred fey them in relation to the discharge erf their duties, except, such as are caused by their wilful act or default,
31. (I) The Central Government may, by notification, make rule* f»T •carrying out the provisions of this Ordinance-
(2) In particular, and without prejudice to tin generality of the for»- going power, such rules may provide for all or any of the following matters, naotdy:— . .
(a) the attawamces to the Members under siub-section (5) of se»- tiofl 12;
(6) the powers which the • Governing Board shall exercise and •the functions which, itt shall discharge under -sub-section' (2) of- seetioji
(c) functions to be performed by fiheFinance Committee, urid&r dause (iv) c* section 18; . .
(d) tfaet salary and allowances and other terms and conditions of service of Q» Director under sub-Siecjtton (3) of section 19;
(e) Hie form and the manner in which the budget j& to be.appro- •ved by flic Governing Board under section 23r "V , " , ' . . .
(/) tfw form and the manner in which, and the time at which, the returns, statements and the annual report shall bo prepared under section 23;
(g) any other matter which, lias to be, or may be, prescribed