The Lalit Kala Akadami (Taking Over of Management) Act, 1997

(1) This Act may be called the Lalit Kala Akadami (Taking Overof Management) Act, 1997. (2) It shall be deemed to have come into force on the 24th day of January, 1997.

In this Act, unless the context otherwise requires,-- (a) "Administrator" means a person appointed as the Administrator under section 4; (b) "prescribed" means prescribed by rules made under this Act; (c) "Societies Registration Act" means the Societies Registration Act, 1860 (21 of 1860), as inforce in the National Capital Territory of Delhi; (d) "society" means the Lalit Kala Akadami being a society registered under the SocietiesRegistration Act. (e) words and expressions used herein and not defined, but defined in the Societies RegistrationAct shall have the meanings respectively assigned to them in that Act.

(1) On and from the commencement of this Act, and for a period ofthree years thereafter, the management of the society shall vest in the Central Government: Provided that if the Central Government is of opinion that in order to secure the proper managementof the society, it is expedient that such management should continue to vest in the Central Governmentafter the expiry of the said period of three years, it may, from time to time, issue directions for thecontinuance of such management for such period, not exceeding one year at a time, as it may think fit; so,however, that the total period for which such management shall continue to vest in the CentralGovernment shall not, in any case, exceed five years. (2) The management of the society shall be deemed to include management of all assets, rights, leaseholds,powers, authorities and privileges and all property, movable and immovable, including lands,buildings, works of art, workshops, projects, stores, instruments, library, machinery automobile and othervehicles, cash balances, reserve funds, investments and book debts and all other rights and interestsarising out of such property as were immediately before the commencement of this Act in the ownership,possession, power or control of the society, and all such books of account, registers, maps, plans and allother documents of whatever nature relating thereto. (3) Any contracts, whether express or implied, or other arrangement, in so far as it relates to themanagement of the society and affairs of the society and in force immediately before the commencementof this Act shall be deemed to have terminated on such commencement. (4) All persons in charge of the management of the society, including persons holding offices asChairman, Vice-Chairman, Secretary or Honorary Secretary, as the case may be, and members of theGeneral Council, Executive Board, Finance Committee and all other committees of the societyimmediately before the commencement of this Act shall be deemed to have vacated their offices as suchon such commencement.

(1) The Central Government shall, as from the commencement of thisAct, appoint a person as the Administrator of the society for the purpose of taking over the administrationthereof and the Administrator shall carry on the management of the society for and on behalf of theCentral Government. (2) Subject to the supervision, control and directions of the Administrator, the functions of the financeCommittee of the Society, before the commencement of this Act, shall be exercised by an officer of theCentral Government, to be appointed by that Government. (3) The Central Government may issue such directions (including directions as to initiating,defending or continuing any legal proceedings before any court, tribunal or other authority) to theAdministrator as to his powers and duties as that Government may deem desirable and the Administratormay apply to the Central Government at any time for instructions as to the manner in which he shallconduct the management of the society or in relation to any matter arising in the course of suchmanagement. (4) Subject to the other provisions of this Act and the rules made thereunder and to the control of theCentral Government, the Administrator shall be entitled, notwithstanding anything contained in theSocieties Registration Act or any other law for the time being in force, to exercise, in relation to themanagement of the society, the powers of the General Council, or, as the case may be, the ExecutiveBoard, including the powers to dispose of any property or assets of such society, whether such powers arederived under any law for the time being in force or from the memorandum and rules and regulations ofthe society or from any other source. (5) Every person having possession, custody or control of any property forming part of the societyshall deliver forthwith such property to the Administrator. (6) Any person who, on the commencement of this Act has in his possession or under his control anybooks, papers, works of art or other documents relating to management of the society, including theminutes books containing the resolutions of the persons in charge of the management of the society beforethe commencement of this Act, the current cheque books relating to the management of the society, anyletters, memoranda, notes or other communications between him and the society shall, notwithstandinganything contained in any other law for the time being in force, be liable to account for the books, papers,works of art and other documents (including such minutes books, cheque books, letters, memoranda,notes or other communications) to the Administrator. (7) Any person in charge of the administration of the society immediately before the commencementof this Act shall, within ten days from that day or within such further period as the Central Governmentmay allow in this behalf, furnish to the Administrator a complete inventory of all the properties and assets(including particulars of book debts and investments and belongings) forming part of the societyimmediately before the commencement of this Act, and of all the liabilities and obligations of the society,in relation to its administration, subsisting immediately before such commencement, and also of allagreements entered into by the society in relation to its administration and in force immediately beforesuch commencement. (8) The Administrator shall receive from the funds of the society such remuneration as the CentralGovernment may fix.

Notwithstanding anythingcontained in any law for the time being in force, no person in respect of whom any contract ofmanagement or other arrangement is terminated by reason of the provisions contained in sub-section (3)of section 3 or who ceases to hold any office by reason of the provisions contained in sub-section (4) ofthat section, shall be entitled to claim any compensation for the premature termination of the contract ofadministration or other arrangement or for the loss of his office.