Section 3 of The Lalit Kala Akadami (Taking Over of Management) Act, 1997
- (1)On and from the commencement of this Act, and for a period of three years thereafter, the management of the society shall vest in the Central Government: Provided that if the Central Government is of opinion that in order to secure the proper management of the society, it is expedient that such management should continue to vest in the Central Government after the expiry of the said period of three years, it may, from time to time, issue directions for the continuance of such management for such period, not exceeding one year at a time, as it may think fit; so, however, that the total period for which such management shall continue to vest in the Central Government shall not, in any case, exceed five years.
- (2)The management of the society shall be deemed to include management of all assets, rights, leaseholds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works of art, workshops, projects, stores, instruments, library, machinery automobile and other vehicles, cash balances, reserve funds, investments and book debts and all other rights and interests arising out of such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the society, and all such books of account, registers, maps, plans and all other documents of whatever nature relating thereto.
- (3)Any contracts, whether express or implied, or other arrangement, in so far as it relates to the management of the society and affairs of the society and in force immediately before the commencement of this Act shall be deemed to have terminated on such commencement.
- (4)All persons in charge of the management of the society, including persons holding offices as Chairman, Vice-Chairman, Secretary or Honorary Secretary, as the case may be, and members of the General Council, Executive Board, Finance Committee and all other committees of the society immediately before the commencement of this Act shall be deemed to have vacated their offices as such on such commencement.
Summary
- The Central Government takes over the management of the Lalit Kala Akadami for an initial period of three years starting from the commencement of the Act.
- The government can extend this control for up to one year at a time if needed for proper management, up to a maximum limit of five years in total.
- The management includes all properties, assets, lands, works of art, bank accounts, books, and documents that belonged to the society before the takeover.
- Any prior contracts or agreements relating to the management and affairs of the society are terminated immediately when the law starts.
- All previous managers, including the Chairman, Vice-Chairman, and committee members, must immediately leave their roles.
Practical examples
FAQ
1. For how long does the Central Government initially take over the management of the society?
It takes over for an initial period of three years from the commencement of the Act.
2. Can the three-year period of government control be extended, and if so, by how much?
Yes, the Central Government can extend it from time to time for up to one year at a time, but the total period cannot exceed five years.
3. What happens to existing contracts relating to the management and affairs of the society?
They are deemed to have terminated as soon as the Act commences.
4. What happens to the Chairman, Vice-Chairman, and committee members when the Act starts?
They are all deemed to have vacated their offices immediately upon the commencement of the Act.
5. What types of property are covered under the management of the society?
It includes all movable and immovable property, such as lands, buildings, works of art, workshops, library, vehicles, cash, investments, and records.
Test yourself
Q1.What is the initial period for which the management of the society vests in the Central Government?
Q2.What is the maximum total period for which the Central Government can retain management of the society?
Q3.When the Central Government extends the management beyond the initial period, what is the maximum duration for each extension?
Q4.What happens to existing contracts relating to the management of the society upon commencement of the Act?
Q5.Which of the following offices is NOT explicitly listed in Section 3(4) as being vacated?
Q6.Which of the following is explicitly included in the definition of "management of the society" under Section 3(2)?