Section 7 of The Lalit Kala Akadami (Taking Over of Management) Act, 1997
- (1)Notwithstanding anything contained in the Societies Registration Act or in the memorandum and rules and regulations of the society, but subject to the provisions of sub-section (2) of section 6, so long as the management of the society remains vested in the Central Government.--
- (a)it shall not be lawful for the members of the society or any other person to nominate or appoint any person to be a member of the General Council of the society;
- (b)no resolution passed at any meeting of the members of the society or at any meeting of the General Council of the society, on or after the commencement of this Act, shall be given effect to unless approved by the Central Government;
- (c)no proceeding for the dissolution of the society or for the merger with any other society or for the appointment of a Receiver in respect of its administration shall lie in any court except with the consent of the Central Government.
- (2)Subject to the provisions contained in sub-section (1) and subject to such other exceptions, restrictions and limitations, if any, as may be prescribed, the Societies Registration Act shall continue to apply to the society in the same manner as it applied thereto before the commencement of this Act.
Summary
- Society members and all other persons are completely banned from nominating or appointing anyone to the General Council of the society.
- No resolution passed at any meeting of the members or the General Council after this Act started can be carried out unless the Central Government approves it.
- No legal proceedings can be filed in court to dissolve the society, merge it with another, or appoint an outside administrator (Receiver) without the Central Government's consent.
- These temporary restrictions do not apply once the management is handed back to the General Council under subsection 2 of Section 6.
Practical examples
FAQ
1. Can society members elect new members to the General Council while the government is in charge?
No, it is not legal for members or anyone else to nominate or appoint anyone to the General Council during this time.
2. What happens to resolutions passed by the members or the council after the Act started?
They cannot be put into action unless the Central Government formally approves them.
3. Can a court appoint a Receiver (an outside administrator) to manage the society?
No court case for appointing a Receiver can be filed unless the Central Government gives its consent.
4. What section allows these rules to be lifted when management is handed back?
Subsection 2 of Section 6 allows the administration to vest back in the General Council, ending these temporary restrictions.
Test yourself
Q1.Under Section 7, what is required for a resolution passed by the General Council to be put into effect?
Q2.Which of the following court proceedings is banned under Section 7 unless the Central Government consents?
Q3.While the government manages the society, who can members nominate or appoint to the General Council?
Q4.Under what condition does the Societies Registration Act, 1860 continue to apply to the society?
Q5.Which specific section is referenced in Section 7 as an exception once government management ends?