TAKING OVER OF THE MANAGEMENT OF THE LALIT KALA AKADAMICentral
Section 4 of The Lalit Kala Akadami (Taking Over of Management) Act, 1997
- (1)The Central Government shall, as from the commencement of this Act, appoint a person as the Administrator of the society for the purpose of taking over the administration thereof and the Administrator shall carry on the management of the society for and on behalf of the Central Government.
- (2)Subject to the supervision, control and directions of the Administrator, the functions of the finance Committee of the Society, before the commencement of this Act, shall be exercised by an officer of the Central Government, to be appointed by that Government.
- (3)The Central Government may issue such directions (including directions as to initiating, defending or continuing any legal proceedings before any court, tribunal or other authority) to the Administrator as to his powers and duties as that Government may deem desirable and the Administrator may apply to the Central Government at any time for instructions as to the manner in which he shall conduct the management of the society or in relation to any matter arising in the course of such management.
- (4)Subject to the other provisions of this Act and the rules made thereunder and to the control of the Central Government, the Administrator shall be entitled, notwithstanding anything contained in the Societies Registration Act or any other law for the time being in force, to exercise, in relation to the management of the society, the powers of the General Council, or, as the case may be, the Executive Board, including the powers to dispose of any property or assets of such society, whether such powers are derived under any law for the time being in force or from the memorandum and rules and regulations of the society or from any other source.
- (5)Every person having possession, custody or control of any property forming part of the society shall deliver forthwith such property to the Administrator.
- (6)Any person who, on the commencement of this Act has in his possession or under his control any books, papers, works of art or other documents relating to management of the society, including the minutes books containing the resolutions of the persons in charge of the management of the society before the commencement of this Act, the current cheque books relating to the management of the society, any letters, memoranda, notes or other communications between him and the society shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers, works of art and other documents (including such minutes books, cheque books, letters, memoranda, notes or other communications) to the Administrator.
- (7)Any person in charge of the administration of the society immediately before the commencement of this Act shall, within ten days from that day or within such further period as the Central Government may allow in this behalf, furnish to the Administrator a complete inventory of all the properties and assets (including particulars of book debts and investments and belongings) forming part of the society immediately before the commencement of this Act, and of all the liabilities and obligations of the society, in relation to its administration, subsisting immediately before such commencement, and also of all agreements entered into by the society in relation to its administration and in force immediately before such commencement.
- (8)The Administrator shall receive from the funds of the society such remuneration as the Central Government may fix.
Summary
- The Central Government must appoint an Administrator to run the society, and a government officer will handle the finance committee duties under the Administrator's control.
- The Central Government can give directions to the Administrator, who can also ask the government for instructions at any time.
- The Administrator has the full powers of the General Council and Executive Board, including the power to dispose of the society's property.
- Anyone holding society property, books, art, minutes, or cheque books must deliver them to the Administrator immediately.
- Former administrators must submit a complete inventory of properties, liabilities, and agreements within ten days or an approved extension.
- The Administrator's salary is fixed by the Central Government and paid directly from the society's funds.
Practical examples
1An administrator named Mr. Sen is appointed by the government on January 24, 1997. He writes to a bank manager to take control of the society's bank accounts, and he receives his monthly salary of 50,000 rupees directly from the academy's funds.
2An employee named Shreya, who held the keys to the society's storage room containing paint brushes and canvases, must hand over those keys to the newly appointed Administrator immediately.
3A former executive named Dev was given 10 days until February 3, 1997, to write down a complete list of every chair, table, and pending bill of the academy and hand it over to Mr. Sen.
FAQ
1. Who does the Administrator manage the society for?
The Administrator carries on the management for and on behalf of the Central Government.
2. Who takes over the functions of the old Finance Committee?
An officer of the Central Government, appointed by that Government, will perform these functions under the supervision of the Administrator.
3. Does the Administrator have the power to sell or dispose of the society's property?
Yes, the Administrator can exercise the powers of the General Council or Executive Board, which includes the power to dispose of property or assets.
4. What is the deadline for former administrators to supply a complete inventory of properties and debts?
They must provide the inventory within ten days from the commencement of the Act, unless the Central Government allows a longer period.
5. Where does the money for the Administrator's salary come from?
The Administrator's remuneration is paid out of the funds of the society itself.
Test yourself
Q1.Who appoints the Administrator of the society?
Q2.Who performs the functions of the society's old Finance Committee?
Q3.Within how many days must a former administrator submit a complete inventory of the society's assets and liabilities?
Q4.From what source does the Administrator receive their remuneration?
Q5.Which body's powers can the Administrator exercise under Section 4(4)?
Q6.What items must a person in possession of relate and account for to the Administrator under Section 4(6)?