 corrigenda to| 'yde auroville      | (emergency        | provision   | s)   ||----------------------|-------------------|-------------|------|| 1980                 |                   |             |      || (to be/as introduced | in lok sabha)     |             |      || 1                   |                   |             |      || page                 |                   |             |      || 4,-                  |                   |             |      || for                  | line              |             |      || 14                   |                   |             |      || fea9-               |                   |             |      || h(                   |                   |             |      || 2) subject           | to the provisions | contained   |      || in                   | sub-section       |             |      || 0)                   |                   |             |      || and -'to             |                   |             |      || the"                 |                   |             |      || 2                   | page 11, line     | 1,-         |      || 3                   |                   |             |      || page 11, line        | 16,-              |             |      || for                  | rlsocity"         | read        | "soc || ie                  |                   |             |      || ty "                 |                   |             |      || new                  |                   |             |      || deihl;               |                   |             |      || november             | 20,               | 1980        |      || kartika              | 29,               | 1902 (saka) |      | bill no 188 of tho the auroville (emergency provisions) bill, 1980 bill 0)to provide for the taking over, in the public interest, of the managertu!'at of auroville for a limited period and for matters connected therewith or incidental thereto wheriias sri aurobindo society, a non-governmental organisation had been a channel of funds for the setting up of a cultural township known as auroville, where people of different countries are expected to live together in harmony in one community and are expected to engage in j cultural, educational, scientific and other pursuits aimlng at human unity; and whereas the united nations educational, scientific and cultural organisation (hereinafter referred to as 'unesco'), being of the opinion that the project aforesaid would contribute to international understand-10 ing and promotion of peace, by a resolution passed ih 1966, commended auroville to those interested in unesco's ideals; i and whereas by a further resolution passed in 1968, the unesco had invited its member-states and international non-governmental organisations to participate in the development of auroville as an i"1ternational cultural township designed to bring together the values of different cultures and civilisations in a harmonious environment with integrated liv- 5 ing standards which correspond to man's physical and spiritual needs; and whereas by a further resolution passed at its sitting held from the 12th october to 14th november, 1970, the unesco had directed its director-general to take such steps as may be feasible, within the budgetary provisions, to promote the development of auroville as an important in- 10 ternational cultural progra~me; and whereas auroville was developed as a cultural township with the aid of funds received from difl'prent organisations in and outside india as also from the substantial grants received from the central and state governments; 15 and whereas pursuant to the complaints received with regard to the misuse of funds by sri aurobindo society, a committee was set up under the chairmanship of the lieutenant-governor of pondicherry with representatives of the government of tamil nadu and of the ministry at home affairs in the central government, and the said committee had, qo after a detailed scrutiny of the 3ccounts of sri aurobindo society, found instances of serious irregularities in the management of the said society, misutili5ation of its funds and their diversion to other purposes; and whereas in view of the serious difficulties which have arisen with regard to the management of auroville, it is necessary to take over, 25 fi:>r a lin)ited p~iod, the management thereof and any delay in taking oller the management of aurovil1e wo'uld be highly detrimental to the interests apd objectives of auroville; be it enacted by parliament in the thirty-first year of the republic of india as follows: -30  chapter i preliminary1 (1) this act may be called the auroville (emergency pl:oviaions) act, 1980 (2) it shall be deemed to have come into force on the ~ot,b ,"'~f s5 shllt title and commence_ rnent ~p~~mber, 1980 2 in this act, unless the context otherwise requires,-deftnitioaa (a) "administrator" means the administrator appoiatedunder seotidn 5; i(ob) "appointed day" means the 10th ,day of~,!1i8p; (cr "atirovi1te" mean's go much of the undertakings as form pe't' 161:' or are relatabh!cto, the cultural townsmp which is ldtcswd as a\ifo'ffli~ami'the chatter of which was proclai~ed by die 'mother' on the 28th day of february, 1968; 5 (d) "coul'lctl" means the 'auroville international advisory council' 'con'st'it'll~d u'l"fdier sub;section (1) of section 6; (e) "prescribed" means prescribed by rules made under this a:et; west 10 <f) "society" means sri aurobindo society being a society as defined in the west bengal societies registration act, 1961, and having its registered office at calc'utta; ben,a} actxxvi of 1981 21 of 1880 (g) words and expressiors used hereln and not defln-ed, but defined in the societies registration act, 1860, shall have the meanings, respectively, assigned to them in that act  chapter ii 15 taking over of tile management of auroville, 3 (1) on and from the appointed day and for a period of two years manage_ :th~aftei", the management of aurovil1e shan vest in the central govmeatrdt"· i en'lment: aulo-" ville te'· ~o provided that where the centr~~l government is of opinion that in! ~-6 order to secure the proper manugt'ment of aurovihe, it is expedient tr':; enthat such management should con~;j1ue to vest in that government after governthe exptryof the said perioci of twg years, it may, from time to time,' ment i~ ~ons for the continuance of such management for such period, 1 f~ra 25 not 'e~~diil'g 01'r~ year at a time 3s it m~y 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 ~years'rl j£ lk ""  ~  (2) aurovthe shall be deemed to include all the assets, rights, lealle--\ holds, powers, authorities and privileges, and all property (movable \ 30 and immovable), including lands, buildings, works, workshops, projects, stm'es, fusftuments, machinery, ~n~omobiles and other vehicles, cash \ ' balahees, funds, including reservf' funds, investments and book debts of the sodely as form part of or are relatablj to, aurovill~ and all other i rijf1fsan'd interests arrsmg out of such pro~rties as were immediately 3~ beft):m' t'heappointed  day in the (lwnership, possession, power or control oltne society, whether within 0" without india, and all books of account, i , \ i' ~ - ii i ~st~s, ma'~, plans and all other documents of whatevernatul'e relating thereto ---4 (1)' notwithstanding anyth;n~ contained in any other law for the "0 tiwie beffiig iri fotce or in the mlo'!norandum or the rules and regulations , of lhesoefety' - , application of weat bengal act xxvi of 1981 (4) on and from the ap,ointed day, every member of the govetnlng bobyofthe society, by whatever name called, shall, cease to exercise any powers of management in relation to aurovllie; (b) it shall not be lawful for the members of the society or any other person to nominate or appoint any person as manager or director of so much of the assets of the society as form part of, or are relatable to, auroville; (0) no resolution in relation to auroville passed at any meet-5 ing of the members of the society or of the members of auroville shall be given effect to unless it is approved by the central government; (d) no proceeding for the dissolution of the socfety or merger of the society with any other society or for the appointment of a receiver in respect of any asset forming part of, or relatable to, auro- 10 ville, the management of which has vested in the central government under section 3, shall lie in any court except with the consent of the central government (d) no proceeding for th~ dissolution of the society or merger of other provisions contained in this act and subject to such other excep- 15 tions, restrictions and limitations, if any, as the gentral government may, by notification in the official gazette, specify in this behalf for the purpose6 of this act, the provisions of the west bengal societies registration act, 1961, shall continue to apply to the society in the same manner west bengal act xxvi as they applied thereto before the appointed day 20 of 1961 ad, tra_ ef auroviue 5 (1) the central government shall, as from the appointed day, awoint a person or a body of persons as the administrator for the purpose of taking over the management of auroville and the administrator shall carry on the management of auroville for and on behalf of the central government 25 (2) the administrator may authorise such person as he thinks fit also to exercise all or any of the powers exercisable by him under this act and difterent persons may be authorised to exercise different powers, and subject to the general or special directions given or imposed by the administrator, the person so authorised to exercise any powers of the administrator may exercise those powers in the same manner and 30 with the same effect as if they had been conferred on that person directly by this act and not by way of authorisation   (3) if, on the ~pointed day, any suit, appeal or other proceeding, c1f whatever nature, in relation to any property which has vested in the central government under section 3, instituted or preferred by or 35 against the society is pendh" the same shall not abate, be discontinued or be, in any way, prejudicially affected bv reason of the ,taking over of the management of auroville or of anything contained in this act but the suit, appeal or other proc~ding may be pursued, prosecuted or enforced by or against the central government 40 (4) the central government may issue such directions (includina directions 8s to initia~nr, defendin~ or continuing rnv legal 'droceedin~ before any court tribunal or other authority) to the administrator, as to his powers and duties as that government may deem desirable rnd the administrator may apply to the central government at anvtime for 45 instructions as to the manner in which he shall i'!onrll\l~t the mana~ement of auroville or in relat10n to any matter arising in the course ot such ma'lagement , (s) subject to the other provisions of this act and to the control of the central government, the administrator shall be entitled, notwithstanding anything conta:ned in the west bengal societies registration act, 1961, or in any other law for the time being in force, to exercise, :in 5 relation to auroville, the !:lowers of the governing body or executive committee or, as the case may be, of the board of trustees of the society, including the powers to dispose of any property or assets of the society, whether such powers are derived from the west bengal societies registration act, 1961, or from the memorandum and rules and 10 regulations of the society or from any other source (6) the administrator and thr:c other persons authorised by him under sub-section (2) shall receive from the funds of the society relatable to auroville such remuneration a~ the central government may fix 6 (1) as 80011 as may be after the commencement of this ad and in advilor7 15 any case within one month from such commencement, the central gov-council ernment shall constitute, by notifi~ation in the offici,,1 gazette, a council to bf" ('ailed the (auroville international advisory council' (2) the council may on its own motion or on a reference made to it by the central government advise the central government on any matter 20 concerning the management of auroville, (3) in tendering any advice to the central government, the council shall endeavour to secure that-(a) the ideals for which auroville has been established are encouraged, and 25 (b) the members of auroville are allowed freedom to grow and develop activities and institutions for the fulfilment of the aspirations and programmes envisaged in the charter of auroville (4) the council shan consist of such number of members not exceeding five as may be appointerl by the central government from amongst 30 persons, who in its opinion are devoted to the ideal~ of human unity, peace and progress (5) there shall be a chairman of the council who shan be elected by the members of the council from among themselves (6) the term of office of, the method of filling casual vacancies among, 35 and the allowrnces and other remuneration, if any, payable to, the members of the council shall be such as mayf1e prescribed (7) the council shall, subj~t to any rules that may be made in this behalf under section 17, have power to regulate its own procedure 7 (1) every person having, on the ap?ointed day, in his possession, 40 custody or control any pro';'lerty forming part of, or relatable to, auroville, shall deliver forthwith such property to the administrator or to  any officer or other employee of the central government as may be authorised by the central government in this behal! deliver, of poi8ei-sion of propertiei of aurovllle • (2) any person who has, on the appointed day, in lu"s possession er 45 under his control any books, papers or other documents relating to auroviue (including' the minutes books containing resolutions in r@itthm t~'aurovil1e addpted by-persons in 'charge of theme~edt at th'~fs6efetybefore the 'appointed day), the current cheque bdob retat; !iii 'to' 'a\il'drille, any letters, memoranda, notes and other ~ltrml l:hftiftwa biin', and the society, shall, notwithstanding anythitig cont~ iii atiyottter la~j for the time being in force, be liable to aceouit't; far tile 5 ~, papim's and other documents (including such minutes books, -cheque d'dm; letters, ~oranda, notes and other commu:rneations) to' die a:!iiiirilstr~to'r or to such per~on (being an officer or other eriiploy'ee of the'ceiitial qovernmemt) as may be authorised by the central government ill this behalf 10 (9) e-very person in charge o'f the management of autdviue i1rir:i\iediately bftfore the appointed day shah, within ten days frotn that day or within such further period as the central government may allow in this' behalf, futnish to the administrator a complete inventory 'of au the p1'operties and assets (including particulars of donations received, book is debts,' investments and belongings) fonning part of, or relatable to, auroville immediately before the appointed' day and all liabilities and obligations of the society in relation to auroville subsisting immediately ~ore that day and also of all agteements entered into by tne so"clety in relation to auroville and in force immediately before theappoin~ed day 20 reunquiah mentof manageldent before tbe specified period 8 (1) if at any time it appears to the central government that the purposes for which the management of auroville had been taken over have been fulfilled or that for any other reason it is not necessary that the managetrient of auroville should remain vested in that government, it may, notwithstanding anything contained in sub-section (1) of section 25 3, by order published in the officinl gazette, relinquish the management of aurovnie with effect from such date as may be specified in the order (2) on and from the date specified in the order made under subsection (i), the management of the property of the society forming part of, or relatable to, aurovil1e, shall vest in the governing body (by what- 30 ever name called) of the society and such management shall be carried on in accordance with the provisions of the west bengal societies registration act, 1961, so, however, that the steps, if any, in relation to the west management of the property of the 'society forming part of, or relatable bengal to, auroville, may be taken after the publication of the order made under 35 act xxvi sub-section (1) of 1961 tribunal 9 (1) if any cfispnte or d1ht arises as to whether any asset, right, lease-hotd, power, authority, rivilege, property (whether movable or immovable) including any land, buiklidg, wol"ks, workajrop, ~t, stores, instruments, machbrery, automobile or other ve'h~es, cabir 40 balances, funds (including reserve funds), investments and book debts fcmdl'oi' farm ,ran of, or h 'ot are ~irtjtbte to aur~;fors p1iipdses of ~"3, sudnt_te or doubtshliu, at the tequ~ of 1jae ~'or' tlle 'atlntfdattal· or lay other ~il tntel'istedorat 'til~ tfts~ 'of "tile demn1 !~riififtt be' reterret to';a mdtuii ;eow81fj~, of'~e, ft!'emw "45 (being a perion who i or h8llbeell'a ~ 'of a '1bih coui't) 't& be appointed by the central government (2~ the:tribun8'lshall, for thepu!'f)dse8 ofey referelleeuncter~' section (1), have all the powers of 0 civil court while trying a suit 'under  ~ c~e ofciyil ~()qep~j:e, 1908, in r~t qf the, ~wffii matters, ~ly;,:"""" (a) summoning and enforcing the attendance of any person and examining him on oath; '  5 (b) requiring the discovery and production of documents producible as evidence; (c) recording evidence on oath; (d) requisitiq~i~g any public record fromapy cqurt qr q1!lce; (e) istiuing commissions for the e](amin,atton of wii~es  or ~ 0 dpclijpents; <f) such other matters as may be prescribed (3) the tribunal shall have power to regulate us own pj"oqed~·in all matters arising out of the discharge of its functions (including the place or places at which it shall hold its sittings) 15 (4) all expenses incurred in connection with the tribunal shall be defrayed out of the consolidated fund of india 10, any person aggrieved by the decision of the tribwlal wlder tee-app"1; tion 9 may, within thirty days from the date of such decision, prefer an appeal to the high court at madras and such appeal shall be heard and 20 disposed of by not less lhan two judges of that high court: provided that the high court may entertain the appeal after th,e expiry of the said period of thirty days if it is satisfied that e ap'p'~i­l~nt had sufficient cause for not preferring the appeal within the p~d aforesaid  chapter iii25 11 the provisions of this act or any notification, order or rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this act or in any instrument ~-30 ing effect by virtue of any law other than this act or in any decree or order of any court, a, (1) every contract (ipcluding any co~apt of ~yment or o~ an;ansezp~nt) entered into by the society in r~~~n to 4~ville, t~e ;qla~ement of which has vested in the central govej;djn8dt under 35 section 3, and in force immediately before the ~ppoijl~d y,~, on and from the date of expiry of ninety days from the appointed day, cease to have effect unless such contract or other arrangement has been, before the expiry of that period, ratified, in writing, by the central govem-contra etc, ceue to have etrectunleu ratified by the central government jil~t; and in ratifying such contract or other arrangement, t~e central , government may make such alterations or modi6cations thereip as it ~  may think fit: 45 provided that the central government shall not omit t~ rat~y any contract or othe,r arrangement and shall not make any alteration or modification therein-(a) unless it is satisfied that such contract or other arrangement is unduly onerous or has been entered idto in bad fai;th or is detrimtmttl tpthe inweats of auroville; add (b) except after giving the parties to the contract or other arrangement a reasonable opportunity of being heard and except after recording, in writing, its reasons for refusal to ratify the contract or other arrangement or for making any alteration or modification therein (2) notwithstanding anything contained in any law for ,the time being in force, no person in respect of whom any contract or other arrangement is terminated, altered or modified under sub-section (1), or who ceases to exercise any powers or hold any -office by reason of any provision contained in sub-section (1) of section 4, shall be entitled to 10 claim any compensation for the premature termination of the contract or other arrangement or for any alteration or modification therein or for the loss of his powers or office exclusion of perioa of operation of act 13 in computing the period of limitation prescribed by any law for the time being in force for any suit or application against any person by is the society in respect of any matter arising out of any transaction relating to auroville, the time during which this act is in force shall be excluded protection of action taken in good faith 14 (1) no suit, prosecution or other legal proceeding shali lie against the central government or any officer or other employee of that govern- 2c ment or the administrator or any person authorised under sub-section (2) of section 5 by the administrator for anything which is in good faith done or intended to be done under this act (2) no suit or other legal proceeding shall lie against the central government or any oflicer or other employ~c of that government or the 2s administrator or any perron authorised under sub-section (2) of section 5 by the administrator for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act 15 any person who-penaltle8 (a) having in his possession or custody or control any asset or property forming part of or relatable to, auroville, wrongfully withholds such property from the administrator or any person authorised under this act, or (b) wrongfully obtains possession of any such asset or property 3s forming part of, or relatable to, auroville, or (c) wilfully retains any asset or property forming part of, or relatable to auroville, or removes or destroys it, or (d) wilfully withholds or fails to deliver any books, papers or other documents relatable to auroville which may be ~ bis po&seb- 40 sian or custody or under his control to the adm\nistrator or any person authorised under this act, or (e) fails, without any reasonable cause, to furnish any inventory of properties and assets as pl'ovided in sub-section (3) of section 7, shall be punishable with impr:isonment for a term which may extenci to two years, or with fine which may extend to ten thousand rupees, or with both oftence by cold-paniu 16 (1) where an offence under this act has been committed by s a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, 8s well as the company, shall be deemed w be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 10 provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offen~ was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where any 15 offence under this act has been committed by a company and it is proved that the offence has been committed with the consent ot" connivance of, or i'3 attributable to any neglect on the part of, any director, manager secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that 20 offence and shall be liable to be proceeded against and punished accordingly erplanation-for the purposes of this section,-(a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 17 (1) the central government may, by notification in the oftlclal gazette, make rules to carry out the provisions of this act power to make rules (2) in particular and without prej'udice to the generality of the foregoing power, such rules may provide for all or any of the following 30 matters, namely:-(a) the term of office of, the method of filling casual vacancies among, and the allowances and other remuneration, if any, payable to, the members of the council under sub-section (6) of section 6; (b) the additional matters in respect of which the tribunal shall have the powers of a civil court under clause (f) of sub-section (2) of section 9; and (c) any other matter which is required to be, or may be, prescribed, or in respect of which rules may be made, under this act (3) every rule made by the central government under this act 40 shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be co~prised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session 01' the 8~ccessive sessions aforesaid, both houses agree in making any ·madiftcation'in the rule or both houses agree that the rule should not be made, the rule shall thereafter"have effect ol'lly iyl such modified formi'or be of no effect, as the case may be; so, however, that any surh modification or annulment shall be without prejudice to the validity of anything previously done under that rule 5 it (1) the auroville (emergency provisions) ordinance, 1980 is hereby repealed repeal and saving (2) notwithstanding such repeal, anything done or any acuon taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act 10  statement of objecrs·tnd reasons in lqti8~jl internatiqoa,l qultlu'al township know{l ~ 'aqroville' ~ set up for people of di'1fer~nt cqwltries· to live together in haf~ony~d in one community, who were expected to engage ill cultufal, educatio~ aod scientific and qther pufl'!uit& aiming at human unity in ·l966 the unesco passed a resolutioo commendine aurovule to thl)ie interested in unesco's ideals again in 1968, the unesco invited its member-states iuld internatimtu gove~ntal org~isationi ~ participate in ~he development of aufoville lui an interlljtional cultural townabjp ~ bring together the values of different cultur£!13 and civilisations in a harmonious environment with integrated living staddardswhich correspond to man's physical and spfritual needs funds for the development of auroville were provided by different organisations in and outside india substantial grants were also made for the purpose by the cf'ntral and state governments the funds were channe}led through sri aurobindo sodty, a non-governmental organisation-\,\{ '\ ' \  \ i i· " • , ,   '  ~" v~"  l' : i "' ~  ~ ,  i  "," 2 \ complaint> were received with regard to misuse of funds by sri aurobindo society and a committee was set up under the chairmanship of lt-governor of pondicherry with representatives of the government of tamil nadu and of the ministry of home affairs in the central government, to enquire into the same after a detailed scrutiny of the accounts of sri aurobindo soci'ety, as also a report of the audit team, the coinmittee found instances of serious irregularities in the management of the said society, misutilisation of its funds and their diversion to other purposes ') 3'-ias serious difficulties had arisen with regard to the management of auroville and as any delay in taking the necessary remedial action would have been highly detrimental to the interests and objectives of auroville, t:1e president promulgated on the 10th november, 1980 the auroville (emergency provisions) ordinance, 1980 the ordinance provided for the vesting, for a limited period, of the management of auroville in the central government and made the nec£!l3sary ancillary and incidental provisions ~ 4 the bill seeks to replace the aforesaid ordinance new delhi; s b chavan the 15th november, 1980  financial memorandumclause 6 of the bill provides for the constitution of an advisory council and payment of allowances and other remuneration to the members thereof in accordance with the rules made thereunder clause 9 of the bill provides for the appointment of a tribunal to adjudicate upon certain disputes and for defraying of expenses incurred in conneetfon therewith, out of the consolidated fund of india 2 according to a rough estimate, the total expenditure involved on these accounts is likely to be of the order of rs 320 laths per annum 3 no other recurrfng or non-recurring expenditure is likely to be involved  memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules to carry out the provisions of the bill the matters in respect of which rules may be made relate, inter alia, to the term of office of, the method of filling casual vacancies among, and allowances and other remuneration, if any, payable to, the members of the auroville international advisory council and the additional matters in respect of which the tribunal under section 9 shall have the powers of a civil court 2 the matters in respect of which rules may be made pertaitl to details and procedure the delegation of legislative power is, therefore, of a normal character a bill to provide for the taking over, in the public interest, of the management of auroville for a limited period and for matters connected therewith or incidental thereto (shri s b chavan, minister of education and social welfare) 