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The Kalakshetra Foundation Act, 1993

Year of Passage: 1994 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Kalakshetra FoundationAct, 1993. (2) It shall be deemed to have come into force on the 29th day of September, 1993.

Section 2 Declaration of Kalakshetra as an institution of national importance.

Whereas the objects ofthe institution known as Kalakshetra at Adyar, Madras in the State of Tamil Nadu, founded by the lateThirumathi Rukmini Devi Arundale, are such as to make the institution one of national importance, it ishereby declared that the institution known as Kalakshetra is an institution of national importance.

Section 3 Definitions.

In this Act, 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 (1)of section 8; (c) "Board of Trustees" means the Board of Trustees managing the affairs of Kalakshetra underthe "scheme writ" approved by the Madras High Court in petition No. 716 of 1985; (d) "constituent units means the units of Kalakshetra specified in the First Schedule; (e) "Director" means the Director appointed under sub-section (1) of section 19; (f) "Finance Committee" means the Finance Committee constituted under sub-section (1) ofsection 17; (g) "Foundation" means the Kalakshetra Foundation established under sub-section (1) ofsection 8; (h) "Fund" means the Fund of the Foundation referred to in section 22; (i) "Governing Board" means the Governing Board constituted under section 11; (j) "Kalakshetra" means the institution known as Kalakshetra founded by the late ThirumathiRukmini Devi Arundale, situated at Adyar, Madras, and includes its constituent units; (k) "notification" means a notification published in the Official Gazette; (l) "Member" means a Member of the Governing Board and includes the Chairperson thereof; (m) "prescribed" means prescribed by rules made under this Act; (n) "regulations" means regulations made under section 32; (o) "Schedule" means a Schedule annexed to this Act; (p) "State Government" means the Government of Tamil Nadu.

Section 4 Transfer to, and vesting in, the Central Government of the assets and properties of Kalakshetra.

On the commencement of this Act, the right, title and interest in relation to the assets andproperties of Kalakshetra specified in the Second Schedule and vested in the Board of Trustees or anyother body, in whatever capacity, shall Stand transferred to, and vest in, the Central Government.

Section 5 General effect of vesting.

(1) The right, title and interest vested in the Central Government undersection 4 shall be deemed to include all the assets, rights, leaseholds, powers, authorities, licences andprivileges; 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 andcrafts; costumes and decorative items; books; stationery, furniture and other equipments used in librariesand 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 ofsuch assets and properties as were immediately before the commencement of this Act in the possessionownership, power or control of the Board of Trustees or any other body, in whatever capacity, and allbooks of account, registers, 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 4shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lienand all other encumbrances affecting them or of any attachment, injunction, decree or order of any court orother authority restricting the use of such assets or properties in any manner, or appointing any receiver inrespect 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 or any otherinstrument of similar nature granted to the Board of Trustees or any other body, in whatever capacity, inrelation to the assets and properties of Kalakshetra or any of its constituent units which has vested in theCentral Government under section 4, at any time before the commencement of this Act and in forceimmediately before such commencement, shall continue to be in force on and after such commencement inaccordance with its tenor in relation to, and for purposes of, such assets and properties, or where thedirection under section 6 has been issued, the Foundation shall be deemed to be substituted in suchlicence, permission, authority, concession, facility, privilege affiliation or other instrument, as if it hadbeen granted to the Foundation and the Foundation shall hold it for the remainder of the period for whichthe Board of Trustees or any other body, in whatever capacity, would have held it under the terms thereof. (4) If, on the commencement of this Act, any suit, appeal or other proceeding of whatever nature inrelation 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 orbe, in any way, prejudicially affected by reason of such transfer and vesting, or of anything contained inthis Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced, by the CentralGovernment or where the right, title and interest in relation to such assets and properties are directedunder section 6 to vest in the Foundation, by the Foundation.
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