Section 27 of The Kalakshetra Foundation Act, 1993
- (1)The Central Government may, if it is satisfied that it is necessary so to do in the public interest, issue, for reasons to be recorded and communicated to the Foundation, such directions as it thinks fit.
- (2)Without prejudice to the generality of the foregoing powers, such directions may include directions requiring the Foundation--
- (a)to make or amend any regulation within such period as may be specified in the direction; and
- (b)to give priority to the work undertaken or to be undertaken by the Foundation in such manner as the Central Government may think fit to specify in this behalf.
- (3)Any direction issued under this section shall have effect notwithstanding anything contained in any law for the time being in force or in the memorandum or regulations of the Kalakshetra Society.
Summary
- The Central Government has the power to issue directions to the Foundation if it believes it is necessary for the public interest.
- The Government must record its reasons for these directions and communicate them to the Foundation.
- These directions can force the Foundation to make or change regulations within a specific time limit.
- The directions can also tell the Foundation to prioritize certain types of work.
- Any direction given by the Central Government overrides any existing laws or internal rules of the Kalakshetra Society.
Practical examples
FAQ
1. Can the Central Government tell the Foundation what rules to make?
Yes, it can direct the Foundation to make or amend any regulation within a specified period.
2. Does the Government have to explain why it is giving an order?
Yes, the reasons must be recorded and communicated to the Foundation.
3. What happens if a government direction conflicts with an older Kalakshetra regulation?
The government direction wins and has effect notwithstanding anything contained in the older regulations.
Test yourself
Q1.Under Section 27 of The Kalakshetra Foundation Act, 1993, what condition justifies the Central Government issuing directions to the Foundation?
Q2.Under Section 27 of The Kalakshetra Foundation Act, 1993, how must the Central Government handle its reasoning for issuing a direction?
Q3.Which of the following is a specific power mentioned in Section 27 of The Kalakshetra Foundation Act, 1993 regarding the directions given?
Q4.What happens if a direction issued under Section 27 of The Kalakshetra Foundation Act, 1993 conflicts with the memorandum of the Kalakshetra Society?
Q5.Based on both Section 27 and Section 26 of The Kalakshetra Foundation Act, 1993, if the Central Government directs the Foundation to sell a specific property in the public interest, what is the legal position?