 am no 55 of 1177 the yoga undertakings (taking over of management) bill,1977 a billto ptovide lot the taking over of the management of the undertaki'lg'  oj the two yoga societies for a limited period in the public interest and in ~tder to secure the ptoper management thet'eof and fat matters connected therewith or incident,d thereto be it enacted by parliament in the twenty-eighth year of the republic 01 india as foljows:-chapter i '   p'rilxminarys i," (1) this act may be called the yoga undertakings (taking over ~:;rt title o~ mknagemen;t) act, 1977 com- (2) it hall, be deemed to have come into force on the 24th day of may mence!_ ! 1977 ment 2 in this act, unless the context otherwise requires,-' deftnltion  10 (a) "administrator" means the person or body of persons " appointed as the administrator under section 4; ib) "aopointeq daly" me~ the 24th day of mav 1977; (c) "prescribed" means prescribed by rules made under this act; 21 of 1880 (d) "societies registration act" means the societies registration act 1860 as in force in the union territory of delhi; , , (e) "two yoga societies" means the---(i) vishwayatan yogashram a society registered under the s societies registration act and having its registered oftlce at b-35, defence colony, new delhi, and (ii) central research institute for yoga, a society registered under the societies r~gistration act, and having its registered office at yogashram, ashok road, new delhi, jo and the expression "yoga society" shall be construed as referring to one of the two yoga societies; (t) words and expressions used herein and not defined, but defined in the societies registration act shall have the meanings, respectively, assigned to them in that act  chapi'er ii taking over of the management of the undertakings 01' the two yoga societies3 u) on and from the appointed day, and for a period of two years thereafter, the management of the undertakings of the two yoga socie- 20 ties ahlill'vest in the central government: manalement of the undertakings of the two yoga f'o~ie­ties provided that if the central government is of opinion that in order to secure the proper management of the undertakings of either, or both, of the yoga societies, it is expedient that such management should continue to vest in the central govenament after the expiry of the said 2$ period of two years, it may, frolllt time to time, issue directions for the continuance of such manag~nt for such period, not exceedihg one year at a time, as it may thinkftt; so, however, that the'wtil period'idr which suchmanagemettt shall continue to vest in the central'gov~rnrtlent shall not, in any case, exceed ftve years (2) the undertaking of each of the two yoga 'sbcleties sj;lall be deemed to include all assets, rights, lease-holds, powers, authorities and prtvileges and  all property, movable and immovble, including lands, buildjngs, works, workshops, project,  stoi"es, instruments, machinery, aircraft, automobiles and other vehicles,cash balances, reserve fund, investments and book debts and all other rights and interests arisina 3$ out of such, property as were irnmediatelybefore the appointed day in the ownership, possession, power or control of each of the two yep seci·eties, whether within or without india, and all books of account, registers, maps, plans· and· all otaer ,documents· of wbateyer 'lulure ril1at- 40 ing thereto (3) any contract, whether expn8s or implied, or other arranganmt, 4$ in so far as it relates to the man~ement of the businesj; and affairs of the undertakings of either, or both, of the yoga societies, and in force immediately before the appninted day, shall be deemed to have te'rtqbult· cd on the appointed day   ' , ' (4) all, persona in charge of the llulnagement of eiuler of the two yo societies including persons holding offices as dil::ooturll managers, mem:ben of the governing body or hoard 01 tcu5teas ol' any other manaprialpersonnel af either or both, of the yoga socie'ies wunediately s bmfwe: tlw appointed day shall be deemed to have vacated their ofilcei u 5uch on the appeinted day 4 (1), rbe ~1 gu"ellllueut bball, ~ frwu the 8jjiwwted daf, appquat a pei'ii!&d or a bod)' of pel"&oos as the adminiltrator ottbe 1mqel--tqidp of the two yop societies for the puqose ot takio, over the admlnia trator of the two yoga societies 10  acemeat thereof and the admiaistrator »ball carry oil the man, •• meat of the uadertakings of the two yop societiet fw and loll bebalf of tbe ceatl'al government (02) the central goverwilent may illsue such uirections (including, directions as to initiating, defending or continuing any legal proceedings is before any court tribunal or other authority) to the ada\idlitrator· as to bis powers and dutles as that government may deem desirabl{ and tne administrator may apply to the central government at any time for instructio1li as to the manner in which he shall conduct the manaje-m@t of the undertaktngs of the two yoga societies or in re18tion to any ao matter arising in the course of such management (3) subject to t~le other provisions of this act and the rules mage thereunder and to the control of the central government the administrator shall be entitled notwithstanding anything contaided in ~he,socie­ties registration act or in any other law for the time beil:lg in force, to 25 exercise m relation to the undertakings of the two yog~ societies, the powers of the governing body, or, a the case may be, tbe board of 'l'rustees, of the respective yoga society including the powers to cuspo&e of any property or assets of such society, whether such powers are derived under any law for the time being in iorce or from the memoradum and 3p ~u:::~~~nd regulatloni of the concerned yoga society or irom any otner  , - --(4) every person having postession, custody or control of any property forming part of any undertaking of either of the two yo,a societies shalj deliver torthwith such property to the administrator or to li!'y officer 35 oj:!od:ler employee of the central government, as may be authorised by tile' central government in this behalf , ti) any person who on the appointed day, has in his possession or undel' hi&oontrol any books, papers or other documents relating to any udditr1aking of either of the two yoga societies including tne minutea books containing the re,solutions of the persons in charge of the manage, 40 ment of the concerned yoga society before the appointed day the current cheque books relating to the undertakings of the concerned yoga society, aq¥' leuera, memoranda, notes or other communications between him biui ei~er of the two yoga societies shall, notwithstanding anything coatainec;tin an)" other law for the time being ill force, be liable to account 45 for the books, papers and other documents (including such minutes books cheque boo~, letters, memoranda, notes or other communications) tu /the adminiatrator or to any such person (being an officer or other employee of the central government) as may be authorised by the central $0 government in this behalf (6) every person in charge of the management of the undertakings of either of the two yoga societies immediately before the appointed day shall, within ten days from that d~ 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 (in- s cluding particulars of book debts and investments and belongings) forming part of the undertakings of the concerned yoga society im~ediately before the appointed day and of all the liabilities and obligatfons of thto concemed yoga society, in relation to its undertakings, subsisting immediately before that day, and also of au agreements entered into by either, or both, of the yoga societies in relation to its or their undertakings 10 and in force immediately before that day (7) the administratol' shall receive from the funds of the two yoga societi~ sueh j'eiiluneration as the cenfa"al govemment may fix 5 notwithstanding anything contained in any law for the time being is in force no person in respect of whom any con trod of management or other arrangement is terminated by reason ·of the provisions contained in sub-eection (3) of section 3 or who ceases to hold any office by reason of the provisions contained in sub-section (4)1 of that section, shall be entitled to claim any compensation for the premature termination of 20 the contt'act of management or other arrangement or for the loss of his office no right to compens8-tion for premature terminatiod of a contract • (1) n~twithstanding anything contained in suh-section (1) of section 3, if, at any time before the expiry of the period referred to in that sub-section, it appears to the central government that the purposes ~t 2s the vesting of the management of the undertakings of either, or both, of the yoga societies in that government have been fulfilled or that for any other reason it is not necessary that the management of the undertakings relinquishm'ent of management of the two yoga societies o~ either, or both, of the yoga societies should remain vested in that government, it may, by order published in the official gazette, reun- 30 quish the management of the undertakings of either, or both, of the yoga societies with effect from such date as may be specified in the order (2) on and from the date specified under sub-section (1), the management of the undertakings of the con<:erned yoga society shall vest in the governing body (by whatever name called) of the concern- 3s cd yoga society and such management shall be carried on in &ccordance with the provisions of the societies registration act, so, however, ~t the steps, if any, in relation to the managament of the undertakings of, the concerned yoga society may be taken after the publication of the order under suh-section (1)  40 application of act 21 of 1880 7 (1) notwithstanding anything contained in the societies registration act or in the memorandum and rules and regulations of either of the two yoga societies, but subject to the provisions of 'sub-section (2) of sec-' tiol'j 6, so long as the management of the undertakings of the two yoga societies remains vested in the central govemment,-45 (0) it shall not be lawful for the members of either of the two yoga societies or any other person to nominate or appoint any person to be a member of the governing body (hy whatever name caued) of either of the two yoga societies;  (b) no resolution passed at any meeting of the members ot either of the two yoga societies or at any meeting of the governing body (by whatever name' called) of either of the two yoga societies, oft or after the appointed day, shall be given effect to unless approved by the central ,government; (c) no proceeding for the dissolution of either of the two yoga societies or for their merger with any other society or for the ap-~oi~tment of a receiver in respect of any undertaking thereof shall be ld any court except with the consent of the central government 10 (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 concerned yoga society in the same m~,nner as it applied thereto before the appointed day  is chapter iii miscellanbous8 any person who,-penaltia (a) having in his possession or custody or under his control bny property forming part of any undertaking of either of the two yoga societies, wrongfully withholds such property from the administrator or any person authorised under this act, or (b) wrongfully obtains possession of any such property, or (c) wiuully retains, or fails to deliver, any property forming part of any of the undertakings of either of the two yoga societies or ~ 25 moves or detroys it, or - (d) wilfully withholds or fails to account for any books, papers or other documents which may be in his possession or custody or under in!! control to the administrator or any person authotised under thil act, or 30 (e)' faiis, withoitt any reasonable cause, to furnish information or particulars as provided in sub-section (6) of sectiod 4, shall be punishable wlth imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both 35 t (1) where an offence under this act has been committed by a otrenca company, every person who at the time the offence was committed was by comin charge of, and was responsible to, the company lor the conduct of the paniel business of the company as well as the company, shan be deemed to be guilty of the oftence and shall be liable to be pr~ded against and 40 punished accordingly: provided that nothing contained in this sub-tiection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had ext-,rcised all due dij ' gence to prevent the commission of such offence corrigendathe yoga undertakingsc taking over of manj bill,1977lto beintroducedinpage3, line 29,-1•2page 5, line 25,-3page6, line36,-forl1intere st114'new delhi;june20 , 1977jyaistha30,1899(saka)to(2) notwithstanding anything coqtained in i\lb·sectioa (1) where ally offence under this act bill been cojwnitted by a coldjlljjf and it 1  proved that the offence bas been conumtted with the ~ or ccmulivance of, or is attributable to, ally neglect on the part of all)' d'jreqtor, manager, secretary or other officer of the codlpaljyj iucb direetor, mana-! ger, secretary or other officer shall be deemed to be guilty of that offence add shall be liable to be proceeded against and' punided accordingly e;qilanation-for the purposes of this section,-(a) "company" means any body corporaie and includes a firm or other association o! individuals; and 10 (b) "director", in relation to a firiq, means a paruler ip the,finn, exclusion of period of operation of act j8 in computing the period of limitation prescribftd by, iuj)'  law fw the time being in force for any suit or application againt an~ pe&'aon by either of the two yoga societies in respect of any matter arising t:ut 01 any transaction in relation to their undertakings, the tune during which 15 this ad is in force shall be e"cluded act to have overriding 'effect 11 the provisions o! this act or any notification, order or rule inade 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 20 or order of any court 12 (1) np suit, prosecution or other le,glll proc~dma shall lie ag~st the administrator or any officer or other employee of the central governmeot for anything whi~h i8 in good faith dolle or intended to be done under this act 25 protection of action taken in ,odd faith (2) no suit or other legal proceeding shall lie a~inst tlle central government or the administrator or any of the officers or other employees of the central government for any damage caused or likely to be, caused by anytbing whi~h i in good 1aitb done or intende to be done undlu' this act 30 13 (1) if the central government is satisfied, after such inq~ as jt may think fit, that any contract or agreement entered into at any time: within one year immediately _preceding the appointed day,' between either of the two yoga societies, and any other person in so far a such contracts in bad faith ma,y be - cancelled or varied cont~ct or agreement relates to any undtu:takidg of suqb yoga, society, 35 has,been en~red into in had faith, or is detrimantalto the interest oftbe concerned yoga society, it may make an order cancelling orvll'1'iq (either unconditionally or subject to such condi~ions as it may think fit to impose) such contract· or agreemen~ and thereafter the contract or agreement shall have effect accordingly: 40 provided that no contract or agreement shall be cancelled or varwq exllept after giving to the parties to the contract '()1'>'agreement a reasod" able opportunity of being heard (a) any pen;on aggrieved by an orda" under sulhection (n may malic! an application to the high court at delhi for the variation or 45 reversal of such order add thereupon such court may conftrm, modify or reverse such order power to telminate contract of employment, it if the administrator is of opinion that any contract of employment entered into by either of the two yoga societies in relation to their undertakings, at any time before the appointed day, i~ unduly onerous, he may, by giving to the employee one month's notice in writing or the 5 salary or wqes for one month in lieu thereof, terminate such contract of employment' 11 (1) the central' government may, by notification in the 0ftiei1l1 'gszette, 'make'ru:es for carrying'out the provisions of this act power to make rules (2) every rule made by the central government under this act 10 iihau be laid, as soon as may be after it is made, bt-fore each howle fparliamen·t while it is in  session for a total period of thirty days which ·may be comprised in one session or in two or more successive session'i, and it, before the expiry of the session immediately following the liesaion  or the successive sessions aforesaid, both houses agree in making any is medifteationin the rule or both houses agree that the rule should ,not·be made, the rule shall thereafter h!lveeffect onfy in such :modifted form·or be of no effect, as the case may be; 10, iaowevcr, that any st· modiftcation or annulment shall he without prejudice to the validity of anything ,previously done under that rule ao 18 (1) the yoga undertakings (taking over of management) 'ordinance, 1977, is hereby repealed | b of    | 1977    ||---------|----------|| repeal  |          || and     |          || savin   | •       |(2) notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have 1aeen done or taken under the corresponding provision of this art  statement of objects and reasonsthe government of india in the ministry of health and family welfare (department of health) have given a total grant of ri 16,oi~~1,fj5 to the vishwayatan yogashram, new delhi, from the year 1969 to 31-12-1975 through the central council for research in indian medicine and homoeopathy f~r running a clinical research unit (yoga) subsequently, a central research institute (yoga) was established as a registered society in the yogashram with effect from the 1st january, 1976 to study the effects of yoga in various diseases like d'iabetes, asthma, etc and to study the effects of yogic kri?,"as on various organs of healthy persons a sum of rs 10,40,000 was given as grant-tn-aid to the central research institute during the period from 1-1-1976 to 31-3-1977 shri dhirendra brahamachari was managing trustee of the vishwayatan yogashram and director of the central research institute for yoga consequent on an inquiry into the utilisation of the funds sanctioned to the clinical research unit (yoga) at the vishwayatan yogashrarr and later to the central research institute (yoga), new delhi, it has been found that the money given as grant-in-aid has been systematically siphoned 'away by falsification of accounts by the managing trustee of the yogashram and director of the central research institute (yoga) by adopting the following methods:-(i) non-maintenance of full particulars and accounts of costly scientific instruments, apparatus, and equipments said to have been purchased from time to time and declaring the assets under arbitrary classification at a value not verifiable by the auditors; (il) charging depreciation on assets at undisclosed rates and not enabling the auditors to verify the correctness of the deopreciation charged on any item; (iii) not carrying out physical verification of the assets in any year to ensure that the assets were physically present and were approximately of the declared value; and (iv) creation of buildings and assets of doubtful value by fictitious transfers even in relation to the grants given by the ministry of education and social welfare to the yogashram, there have been adverse audit comments further, the land given to the vishwayatan yogashram near ~ew delhi gpo, new d~:hi, by the ministry of works and housing has not been put to proper use in these circumstances, it has been considered necessary both in the public interest as well as to aecurp proper management that the manggement of the vishwayatan yogashram as well as the management of the central research institute (yoga) be trken over by the central government initially for a period' of two years with powers to extend the period up to an aggregate period of five years as parliament was not in session, it was considered expedient in the public interest to promulgate an ordinance viz "the yoga undertakings (taking over of management) ordinance, 1977-no 8 of 1977" for taking over of the management of the vishwayatan yogashram and ita centre at katra vaishnodevi and central research institute (yoga) and appointment of an adinidiltratot th6teof the government of india ate now tak1jig steps to aeeel~rate the research prograinme in the yoga syste~ in the abtlri:-mentioned institutes on sound footings and to f2rovid~ eftlcient iri~el ~d to the public in the yoga system the aill is intended to achieve these objectives and to replace the ordinance nsw dahl; raj naraln the ifth june, urn  financial i4emorandui4,, the bill provides for the taking over of the management of two re-,gistered, societies'nbmely vishwayatan yogashram (near'gole dak khana, new delhi and its centre at katra vaishnodevi) and the central research institute for yoga 'which is also functioning in the yogashram at new delhi" ,-'" ' , '2 clause 4 of the bill provides for the appointment of a c»erson or a body of persons as the administrator of the undertakings of the two yoga societies and further provides that the administratotlha~ ,receiv fro,m the funds of the two yoga societies such remuneration as the central government may fix 3 the management of the two yoga societies will involve a recurring annual expenditure of ri lo33lakhs to meet the on-going activities the bill, if enacted is not likely to involve any non-recurring expenditure during the current flnancial year in case there arises any need to incur any non-recurring expenditure, it would be incurred from the budget grant of the ministry of health and family welfare  memorandum regarding delegated legislationclause 15 of the 'bill empowers the central government to make rules to carry out the purposes of this act these rules mainly relate to the efticient management and working of the vishwayatan yogashram at new delhi and its centre at katra vaishnodevi and central research institute for yoga, new delhi 2 the matters in respect of which rules can be made are generally matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legisla~ve power is thereflore of a normal character  besides d~ drafting and consequential cws;es, in sub-clauiie (1) of clause 13, the words "one year" have beejlsubstituted for the wordi "three years" this has been done as one 01 the two yoga societies wu regjltered as a lociety with dect flom l  llr1o  a bnlto provide for the taking over of the management of the undertakings of the two yoga societies for a limited period in the public interest and in order to secure the proper management thereof and for matters connected therewith or incidental thereto (shri r4; narain, minilter fot health and family wei/are) 