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INDIAN RED CROSS SOCIETY ACT

Ministry of Law and Justice

Act nº 15 of 1920


  • Schedules
  • Act nº 15 of 1920

Preamble

INDIAN RED CROSS SOCIETY ACT, 1920

[Act, No. 15 Of 1920]

[20th March, 1920]

PREAMBLE

An Act to constitute an Indian Red Cross Society.

WHEREAS it is expedient to provide for the future administration of the various monies and gifts received from the public for the purpose of medical and other aid to the sick and wounded, and other purposes of a like nature during the late war, and more especially for the administration of the monies and property held by a Committee known as the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British Red Cross Society;

AND WHEREAS it is expedient to constitute an Indian Red Cross Society with a view to the continuation in peace time, on a wider basis and with a wider purpose, of the work curried on by the said Committee during the war, and to provide for the affiliation therewith of other societies and bodies having similar objects;

It is hereby enacted as follows :--

Section 1. Short title

(1) This Act may be called the Indian Red Cross Society Act, 1920.

1[* * * * *]

1. Sub-section (2) was omitted by the Red Cross Society (Amdt.) Act, 1956 (22 of 1956), section 2 (21-5-1956).


Section 2. Constitution of India Red Cross Society

Thereshall be constituted by this Act a Society to be known as the Indian Red CrossSociety (hereinafter called the Society). The first members of the Societyshall be nominated by persons who immediately before the commencement of thisAct were members of the Joint War Committee, Indian Branch, of the Order of St.John of Jerusalem in England and the British Red Cross Society (hereinaftercalled the Committee) at a meeting to be summoned and held for that purpose inaccordance with the usual practice of the Committee within three months from thecommencement of this Act. The number of members to be so nominated shall not beless than twenty-five or more than fifty.

Section 3. Appointment of Managing Body

The Committee shall also at the same meeting appoint from among the members nominated under section 2 the Managing Body of the society (hereinafter called the Managing Body), the members of which shall hold office as such until a new Managing Body is appointed as hereinafter provided. The number of members of the Managing Body shall not be less than ten or more than thirty.

Section 4. Incorporation

The first members of the Society and all persons who may hereafter become members thereof so long as they continue so to be, are hereby constituted a body corporate under the name of the Indian Red Cross Society, and the said body shall have perpetual succession and a common seal with power to hold and acquire property, moveable and immoveable, and shall sue and be used by the said name.

Section 4A. President of the Society

1[4A. President of the Society.--

The President of India shall be the President of the Society (hereinafter referred to as the President).

1. Sections. 4A to 4E inserted By Indian Red Cross Society (Amdt.) Act (14 of 1992), section 2 (w.r.e.f. 23-1-92).


Section 4B. Composition of Managing Body

(1) Notwithstanding anything contained in section 3, the Managing Body shall consist of the following members, namely :--

(a) a Chairman to be nominated by the President for such term as he may deem fit;

(b) six members to be nominated by the President for such term as he may deem fit;

(c) twelve members to be elected by the State Branch Committees for a term of two years in accordance with the rules made by the managing Body under section 5 :

Provided that not more than one member shall be elected by any State Branch Committee :

Provided further that no member, elected under this section, shall hold office continuously for more than two terms.

(2) The Managing Body existing immediately before the commencement of the Indian Red Cross Society (Amendment) Act, 1992 shall cease to exist and the Chairman and all the members of the said Body shall be deemed to have vacated their offices on such commencement and the Managing Body shall be reconstituted within a period of six months from such commencement in accordance with the provisions of sub-section (1) and until it is so reconstituted, the President may authorise any person or body of persons to exercise and discharge 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.

Section 4C. Secretary General and Treasurer of the Society

(1)The Managing Body shall, with the previous approval of the President, appoint a Secretary-General and a Treasurer of the Society.

(2) The term of office and the conditions of service of the Secretary-General and the Treasurer shall be such as the Managing Body may determine by rules made under section 5 :

Provided that the term of office and conditions of service of the Secretary-General and the Treasurer may be varied in like manner by the Managing Body.

(3) Notwithstanding anything contained in any contract or agreement and notwithstanding any judgment, decree or order of any court, tribunal or authority or anything contained in any other provision of this Act or the rules made thereunder, the term of office and conditions of service of any person appointed as the Secretary-General of the Society at any time before the commencement of the Indian Red Cross Society (Amendment) Act, 1992 may be varied by the Managing Body with the previous approval of the President.

Section 4D. Powers and functions of the Chairman and Vice-Chairman

(1) The powers and functions of the Chairman shall be--

(a) to preside over the meetings of the Managing Body and all other Committees set up by the Managing Body of which he is the Chairman;

(b) to re-appropriate, on the advice of the Treasurer of the Society, budgetary allocation from one major head of account to another major head of account;

(c) to authorise, on the advice of the Treasurer of the Society expenditure on items not contemplated in the annual Budget of the Society, subject to the availability of funds;

(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 case of the Secretary-General of the Society, with the previous approval of the President;

(ii) in other cases, with the previous approval of the managing Body.

(2) The powers and functions of the Vice-Chairman shall be,--

(a) to exercise the powers and perform the functions conferred on the Chairman under sub-section (1) 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;

(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 the powers exercisable by them under sub-sections (1) 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.

Section 4E. Powers of the President to supersede the Managing Body

(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 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:

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.

(2) Upon the issue of an order under sub-section (1) 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 Actor the rules made thereunder, he exercised or discharged by or on behalf of the Managing Body shall, until the Managing Body is reconstituted, be exercised and discharged by such person or body of persons as the President may appoint in this behalf.

(3) On the expiration of the period of supersession specified in the order issued under sub-section (1), the President may extend the period of supersession for a further period not exceeding six months as may be recommended by the person or body of persons appointed under clause (b) of sub-section (2):

Provided that the President may, at any lime 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 necessary to reconstitute the Managing Body in accordance with the provisions of section 4B.]

Section 5. Power to make rules

1 [(1)] The Managing Body 2 [may, 1 [with the approval of the President] make rules3 for the management, functions, control] and procedure of the Society. The rules may provide among other matters for the following, namely :--

(a) the conditions of membership of the Society;

(b) the appointment and term of office of members of the Managing Body;

(c) the choice of representatives on international and other Committees;

4 [(d) the procedure of election of members by State Branch Committees;]

(e) the constitution of Finance, Medical and other Committees and the delegation of powers to them; 5 [* * *].

6 [(f) the powers exercisable by the Managing Body in supervising the activities of Slate Branch Committees;

(g) delegation of financial and administrative powers to the Chairman and the Vice-Chairman;

(h) disqualifications for membership of the Managing Body;

(i) the term of office and conditions of service of the Secretary-General and the Treasurer and other officers of the Society;

(j) the regulation of the procedure generally of the Society and Managing Body.

(2) The Central Government shall cause every rule made under this section to be laid as soon as may be after the rule is made before each House of Parliament, 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 sessions, and if, before the expiry of the session immediately, following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, that rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule".

1. Section. 5 re-numbered and sub-section (1) and in sub-section (1) so renumbered words "subject to the condition of previous publication" substituted, by the Red Cross Society (Amdt.) Act, 1956 (21 of 1956) section 3(21-5-1956) (14 of 1992), section 3 (w.r.e.f. 23-1-92).

2. Substituted for the words "shall, within six months from the commencement of this Act and subject to the condi­tion of previous publication, make rules for the management, control", by the Red Cross Society (Amdt.) Act, 1956 (21 of 1956) section 3(21-5-1956).

3. Substituted for cl. (d), by the Red Cross Society (Amdt.) Act, 1956 (21 of 1956) section 3(21-5-1956) (14 of 1992), section 3 (w.r.e.f. 23-1-92).

4. Substituted for cls. (ee) and (f) by the Red Cross Society (Amdt.) Act, 1956 (21 of 1956) section 3(21-5-1956) (14 of 1992), section 3 (w.r.e.f. 23-1-92).

5. Word "and" omitted, by the Red Cross Society (Amdt.) Act, 1956 (21 of 1956) section 3(21-5-1956).

6. Inserted, by the Red Cross Society (Amdt.) Act, 1956 (21 of 1956) section 3(21-5-1956) (14 of 1992), section 3 (w.r.e.f. 23-1-92).


Section 6. Dissolution and transfer of property of Joint War Committee

Upon the nomination of the first members of the Society and the appointment of the Managing Body--

(a) the Committee shall be dissolved;

(b) all property, moveable or immovable, of or belonging to the Committee shall vest in the Society and shall be applied by the Managing Body to the objects and purposes hereinafter set out; and

(c) all the debts and liabilities of the Committee shall be trnasferred to the Society, and shall thereafter be discharged and satisfied by it out of the aforesaid property, and each and every member of the Committee shall be wholly discharged therefrom.

Section 7. Purposes to which funds of Society may be applied

Notwithstanding anything contained in any appeal for subscriptions of gifts to or for the purposes of the Committee, the Managing Body may in its discretion apply--

(a) either the corpus or the income or any part of such corpus or income of any property vested in it under clause (b) of section 6 for the relief of sickness, suffering or distress caused by the operation of war in India or in any other country in which Expeditionary Forces from India may, from time to time, be employed and for purposes cognate to that object and in maintaining Red Cross Depots for military purposes;

(b) in accordance with the provisions of section 8 the income only of any such property but not the corpus or any part thereof for the relief of sickness or suffering in India, whether due to the operation of war or not, or in pursuance of any of the objects set forth in the First Schedule.

Section 8. Constitution of Branch Committees

1[( 1) If Branch Committees consisting of members of the Society are constituted in2[any of the States in India3[* *]] specified in the Second Schedule, then, subject to the requirements of the Managing Body for the purposes of clause (a) of section 74[and section 13] and any provision for expenses of management, the income of the property which has been vested in the Society under clause (b) of section 6 shall be distributed annually among such Branch Committees in the proportion shown in the said Schedule, to be expended by them and at their discretion upon all or any of the objects referred to in clause (b) of section 7.

5[(2) The6[Central Government] may, by notification in the Gazette of India, direct that7[any part of India]8[* * *] specified in the first column of the Second Schedule shall be excluded therefrom or that g[any part of india]8[* * *] not specified therein shall be included therein and that the percentages specified in the9[second column] of the said Schedule shall be varied as required by any such exclusion or inclusion.

(3) On the issue of a notification under sub-section (2) the Second Schedule shall be deemed to be amended in accordance with such notification.

(4) No notification under sub-section (2) shall be made without the consent of every Branch Committee constituted in10[any State in India11[* * *] for the time being included ir the Second Schedule.]

1. The original Section 8 was renumbered as sub-section (1) of that section by the Red Cross Society (Amendment) Act, 1937 (17 of 1937), section 2.

2. Substituted for "any of the Provinces, States and other parts of India and Pakistan" by A.L.O., 1950, as amended by the Adaptation of Laws (Third Amdt.) Order, 1951 (with retrospective effect from 26-1-1950).

3. The words "or in any part of Pakistan" were omitted by the Red Cross Society (Amdt.) Act, 1956 (22 of 1956), section 4 (21-5-1956).

4. Inserted, by the Red Cross Society (Amdt.) Act, 1956 (22 of 1956), section 4 (21-5-1956).

5. Added by the Red Cross Society (Amdt.) Act, 1937 (22 of 1937), section 2.

6. Substituted for the words "Governor-in-Council", by A.C.A.O., 1948(23-3-1948).

7. Substituted for the words "any Province, State or other part of India", by A.O.L., 1950, as amended by the Adaptation of Laws (Third Amdt.) Order, 1951, (with retrospective effect from 26-1-1950).

8. The words "or Pakistan" inserted by A.C.A.O., 1948, was omitted by Act (22 of 1956), section 4 (21-5-1956).

9. Substituted for the words "third column", by Act (22 of 1956), section 4 (21-5-1956).

10. Substituted for the words "the Provinces, States and other parts of India and Pakistan" by A.L.O., 1950 (26-1-1950).

11. The words "or any part of Pakistan" were omitted by Act 22 of 1956, section 4.


Section 9. Affiliation of other Societies

The Managing Body may also affiliate to the Society any other society or body1[whether constituted in India or in any other country] having all or any of the objects and purposes referred to in section 7, and may provide for the allocation and distribution of funds, through such society or body, to or for any such objects or purposes.

1. Inserted by the Red Cross Society (Amdt.) Act, 1956 (22 of 1956), section 4 (21-5-1956).