(d) to institute, if necessary, disciplinary proceedings against _ officers of and above the rank of deputy secretary of the society: provided that the final decision on the basis of the disciplinary proceedings so instituted shall be taken— (i) in the case of the secretary-general of the society, with the previous approval of the president; (wi) in other cases, with the previous approval of the managing body, (2) the powers and functions of the vice-chairman shall be,— 10 (a) to exercise the powers and perform the functions conferred on the chairman under sub-section (/) or delegated to him under sub-section (3), in the absence of the chairman on leave or on tour abroad or for any other similar reasons; 15 (b) to act as ex officio member in all the committees or sub-committees appointed by the managing body (3) the chairman and the vice-chairman shall, in addition to 20 the powers exercisable by them under sub-sections (/) and (2), exercise such other financial and administrative powers as may be delegated to them by the managing body in accordance with rules made by it under section 5 4k (1) if, at any time, the president is of opinion— (a) that there has been gross failure in the management of the affairs of the society by the managing body; or (b) that the managing body is acting in a manner which 2d is prejudicial to carrying out the objectives of the society, the president may, by order in writing, supersede the managing body for such period, not exceeding six months, as may be specified in the order: 30 provided that before issuing an order under this sub-section, the president shall give a reasonable opportunity to the managing body to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the managing body 35 (2) upon the issue of an order under sub-section (/) superseding the managing body,— (a) all the members of the managing body shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, under the provisions of this act or the rules made thereunder, be exercised or discharged by or on behalf of the managing body, shall, until the managing body is re-constituted, be exercised and discharged by such person or body of persons as the president may appoint in this behalf, powers of the president to supersede the managing bodyprovided that the president may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or extended under this sub-section, take such steps as are hecessary to re-constitute the managing body in accordance with the provisions of section 4b", (1) thereof and— 3 section ® of the principal act shall be re-numbered as sub-section amendment of section 5, (a) in sub-section (/) as so re-numbered,— (1) in the opening portion, for the words "subject to the condition of previous publication", the words "with the previous approval of the president" shall be substituted; (i) for clause (d), the following clause shall be substituted, namely: - lr tpr fore "(@) the procedure of election of members by state branch committees;"; (iti) for clauses (ee) and (f), the following clauses shall be substituted, namely: - "(f) the powers exercisable by the managing body in supervising the activities of state branch committees; (g) delegation of financial and administrative powers to the chairman ang the vice-chairman, jody; (h) disqualifications for membership of the managing (7) the term of office and conditions of service of the secretary-general and the treasurep and other officers of the society; (j) the tegulation of the procedure generally of the society and managing body"; p (b) after sub-section (1) as so rée-numbered, the following subsection shall be inserted, ramely;— 10 15 20 25 304 in section 12 of the principal act, the words "to regulate its own amendprocedure and constitution," shall be omitted ment of 5 (1) the indian red cross society gece ordinance, 1992 ds hereby zepealed ose @) 'noewithstaniting such tepeal, anything done or any action taken and under the principal act, as 'by the said ordinance, shall be 'v8 pra n dene ok seken eatar sy wpaaibal et as amended section 12,  statement of objects and reasonsthe indian red cross society act, 1920 governs the functioning of red cross society all over the country the working of the act during the past 70 years has shown many loopholes the aét does not contain sufficient provisions relating to appoiniment of president of the society, composition of the managing body, appointment of secretary-general and treasurer 'the entire management structure _ has been left to be decided by the managing body by rules made by it as a result, even the president and chairman of the society are unable to exercise proper supervision and control, on account of internal wranglings, the society has not been able to discharge the statutory tesponsibilities like holding the annual general meeting, passing of annual accounts and approval of the budget, it has also not been possible to appoint a regular secretary-general in view of several litigations, 2 the indian req cross society (amendment) ordinance, 1992 was, accordingly, promulgated by the president on 23rd day of january, 1992 to correct the above-mentioned distortions and to amend the act surtably to plug loopholes therein, so that the affairs of the society are managed and regulated properly to achieve the objectives for which the society was established, the ordinance made provasions relating to com- position of the managing body and provided that the managing body existing immediately before the promulgation of the ordinance shall cease to exist and a new managing body be re-constituted within a period of six months from the date of the ordinance provisions were also made tor empowering the managing body to appoint a secretary-general and @ 'ireasurer of the society and laid-down their conditions of service in the rules to be made by it it also provided for delegation of financial and administrative powers to the chairman and vice-chairman, laying down the qualifications ang disqualifications of the members of the managing body it also empowered the president of the society to supersede the managing body if there is gross failure in the management of the affairs of the society or in other cases where the managing body acts in a manner which is prejudicial to carrying out the objectives of the society 3 the bill seeks to replace the said ordinance new dewuy; m l, fotedar, the 19th february, 1992, memorandum regarding delegated legislationclause 2 of the bill seeks to insery new sections 4a to 4e in the indian red cross society act, 1920 section 4b provides that twelve members to be elected by the state branch committees of the society for a term of two years shall be elected in accordance with the rules to be made by the managing body of the society under section 5 of the act section 4c provides that the term of office and the conditions of service of the secretary-general and the treasurer of the society © shall be regulated by the managing body in accordance with the rules made under section 5 the said conditions of service can also be varied by rules made by the managing body section 4d provides that the chairman and vice-chairman shall exercise certain financial and ad- 'ministrative powers which may be delegated to them by the managing body in accordance with rules made by it under section 5 section 4e empowers the president of the society to supersede the managing body for such period, not exceeding six months, as he may specify by order 2 the aforesaid matters are matters of detail and it is not possible to make provision in that behalf in the bill the rules to be made by the managing body are required to be laid before parliament the delegation of legislative powers is, therefore, of a normal character annexure extracts: from: the inpran, rep cross, sociery ac, 1920 (15 or 1920)  ae   power to 5, the managing' body may, subject to: the condition' of previous: make publication, make' rules for' the' management, functions, contror and' pro: tules cedure of the society, the rules' may provide: among' other mattets for the' following, namely: - eo   cd & (d) representationon the managing body of state branch conimittees» and affiliated societies and_ bodies:  a ae  % (ee) the powers exercisable by the managing body in supervis+ ing the activities of branch committees; (f): the-regulation of? the: precedure: generally of the: society and managitig body:      powereot 12, subject to the provisions of rules made under section 5 and the branch powers of supervision exercisable by the managing body thereunder, comeach branch comimittee shall have all power to regulate its own promittees cedure and constitution, to receive gifts and expend all monies received by it for its purposes, either directly or through other societies or bodies  oe  2 +