The Auroville Foundation Act, 1988

This Act may be called the Auroville Foundation Act, 1988.

In this Act, unless the context otherwise requires,-- (a) "appointed day" means the date of commencement of this Act; (b) "Auroville" means so much of the undertakings as form part of, or are relatable to, the culturaltownship which is known as Auroville and the charter of which was proclaimed by the 'Mother' onthe 28th day of February, 1988; (c) "Council" means the Auroville International Advisory Council constituted undersub-section (1) of section 21; (d) "Custodian" means the person who is appointed as the Custodian under sub-section (2) ofsection 7 in respect of the undertakings; (e) "Foundation" means the Auroville Foundation established under sub-section (1) of section 10; (f) "Governing Board" means the Governing Board of the Foundation constituted undersub-section (1) of section 11; (g) "notification" means a notification published in the Official Gazette; (h) "prescribed" means prescribed by rules made under this Act; (i) "Residents Assembly" means the Residents' Assembly of the Foundation; (j) "Society" means Sri Aurobindo Society, being a Society as defined in the West BengalSocieties Registration Act, 1961 (West Bengal Act XXVI of 1961), and having its registered office atCalcutta in the State of West Bengal; (k) "specified date" means such date as the Central Government may, for the purpose of section 9,by notification, specify; (l) "trust" or "body" means a trust or body specified in the Schedule; (m) "undertakings" means the undertakings of the Society, trust or body which had vested in theCentral Government under section 3.

On the appointed day, so much of the undertakings of the Society, trust and body asform part of, or are relatable to Auroville, and the right, title and interest of the Society, trust and body, inrelation to such undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the CentralGovernment.

(1) The undertakings vested under section 3 shall be deemed toinclude all the assets, rights, leaseholds, powers, authorities and privileges, and all property (movable andimmovable), including lands, buildings, works, workshops, projects, stores, instruments, machinery,automobiles and other vehicles, cash balances, funds, including reserve funds, investments and bookdebts of the Society, trust or body as form part of, or are relatable to, Auroville and all other rights andinterests arising out of such properties as were immediately before the appointed day in the ownership,possession, power or control of the Society, trust or body, whether within or without India, and allbooks of account, registers, maps, plans and all other documents of whatever nature relating thereto. (2) All properties and assets as aforesaid which have vested in the Central Government undersection 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage,charge, lien and all other incumbrances affecting them or of any attachment, injunction, decree or order ofany court or other authority restricting the use of such properties or assets in any manner or appointingany receiver in respect of the whole or any part of such properties or assets shall be deemed to have beenwithdrawn. (3) Any licence or other instrument granted to the Society, trust or body in relation to any undertakingwhich has vested in the Central Government under section 3 at any time before the appointed day and inforce immediately before the appointed day, shall continue to be in force on and after such day inaccordance with its tenor in relation to and for the purposes of such undertaking or where the undertakingis directed under section 6 to vest in the Foundation, the Foundation shall be deemed to be substituted insuch licence or other instrument as if such licence or other instrument had been granted to the Foundationand the Foundation shall hold it for the remainder of the period for which the Society, trust or body wouldhave held it under the terms thereof. (4) If, on the appointed day, any suit, appeal or other proceeding, of whatever nature, in relation toany property or asset which has vested in the Central Government under section 3, instituted or preferredby or against the Society, trust or body is pending, the same shall not abate, be discontinued or be, in anyway, prejudicially affected by reason of the transfer of the undertakings of the Society, trust or body or ofanything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted orenforced by or against the Central Government, or where the undertakings of the Society, trust or bodyare directed under section 6 to vest in the Foundation, by or against the Foundation.

Every liability inrelation to any undertaking in respect of any period prior to the appointed day shall be enforceable againstthe Central Government and not against the Society, trust or body, or where the said undertakings aredirected, under section 6, to vest in the Foundation, against the Foundation.