Section 6 of The Kalakshetra Foundation Act, 1993
- (1)Notwithstanding anything contained in sections 4 and 5, the Central Government shall direct, by notification, that the right, title and interest in relation to the assets and properties of Kalakshetra, which had vested in it under section 4, shall vest in the Foundation on such date, not being a date earlier than the date of commencement of this Act, as may be specified in the notification.
- (2)On and from the date of vesting of the right, title and interest in relation to the assets, and properties of Kalakshetra in the Foundation under sub-section (1),--
- (a)the Foundation shall be deemed to have become the owner of the assets and properties; and
- (b)the rights and liabilities of the Central Government, in relation to such assets and properties shall be deemed to have become the rights and liabilities respectively of the Foundation.
Summary
- The Central Government is required to transfer the assets and properties it acquired over to the Kalakshetra Foundation.
- The government does this by issuing a notification that specifies the exact date this transfer will happen.
- The date of this transfer cannot be set to a time before the Act itself started.
- Once this transfer occurs, the Foundation officially becomes the owner of the properties, and it takes on all the rights and liabilities that the government had regarding those properties.
Practical examples
FAQ
1. How does the Foundation actually get the property from the government?
The Central Government issues a formal notification directing that the right, title, and interest in the properties vest in the Foundation on a specified date.
2. Can the government transfer the properties retroactively to a date before the Act existed?
No, the Act strictly prohibits the specified date from being earlier than the date of commencement of the Act.
3. Does the Foundation only get the benefits of the property?
No, the Foundation also takes over the rights and liabilities of the Central Government in relation to those assets and properties.
Test yourself
Q1.Under Section 6 of The Kalakshetra Foundation Act, 1993, how is the transfer of assets from the Central Government to the Foundation legally directed?
Q2.Under Section 6 of The Kalakshetra Foundation Act, 1993, what restriction is placed on the date the assets vest in the Foundation?
Q3.Under Section 6 of The Kalakshetra Foundation Act, 1993, what happens to the rights and liabilities the Central Government held in relation to the properties after the vesting date?
Q4.Under Section 4 of The Kalakshetra Foundation Act, 1993, assets vest in the Central Government, and under Section 6, the Government directs them to the Foundation. If an asset transfers this way, who becomes the ultimate owner of the asset?