MISCELLANEOUSCentral

Section 11 of The Lalit Kala Akadami (Taking Over of Management) Act, 1997

The provisions of this Act or any notification, order or rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court.

Summary

The override applies to the provisions of this Act as well as any notification, order, or rule made under it.
This Act will prevail even if it is inconsistent with any other law currently in force.
It also overrides any legal documents (instruments) that get their power from other laws.
It even overrides any conflicting court decrees (formal court judgments) or court orders.

Practical examples

1In 1998, a local labor court issues a decree ordering the Lalit Kala Akadami to reinstate a dismissed manager. However, under Section 14 of this Act, the Administrator has the power to terminate employment contracts. Under Section 11, the provisions of this Act override the court's decree, so the Administrator does not have to reinstate the manager.

2Suppose there is an old Delhi municipal regulation from 1960 that says only local members can control the physical buildings of registered societies. Under Section 11, this Act overrides that municipal regulation, allowing the Central Government's appointed Administrator to take full control of the buildings.

FAQ

1. What does "overriding effect" mean?

It means that if there is a conflict between this Act and any other law or court order, this Act takes priority and must be followed.

2. What parts of this Act have this overriding power?

The provisions of the Act itself, as well as any notification, order, or rule made under it.

3. What happens if a court decree or order conflicts with this Act?

This Act has effect "notwithstanding" any court decree or order, meaning the Act overrides the court's decision.

4. Does this override apply to other legal documents or instruments?

Yes, it overrides anything inconsistent in any other law or in "any instrument having effect by virtue of any law".

Test yourself

Q1.What happens if another law conflicts with a rule made under this Act?

Q2.Besides other laws, what else does Section 11 override if there is an inconsistency?

Q3.What does the term "instrument" mean in the phrase "instrument having effect by virtue of any law"?

Q4.Which of the following is NOT mentioned in Section 11 as having overriding effect?

Q5.If an order made under this Act is inconsistent with a prior contract that has the force of law, which prevails?

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