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INDIAN COUNCIL OF WORLD AFFAIRS ACT

Ministry of Law and Justice

Act nº 29 of 2001


  • Act nº 29 of 2001

Preamble

THE INDIAN COUNCIL OF WORLD AFFAIRS ACT, 2001

[Act, No. 29 of 2001]

[3rd September, 2001]

PREAMBLE

An Act to declare the Indian Council of World Affairs to be an institution of national importance and to provide for its incorporation and matters connected therewith.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:--

Section 1. Short title and commencement

(1) This Act may be called the Indian Council of World Affairs Act, 2001.

(2) Save as otherwise provided in this Act, it shall be deemed to have come into force on the 1st day of September, 2000.

Section 2. Declaration of the Indian Council of World Affairs as institution of national importance

Whereas the objects of the Indian Council of World Affairs, a society registered under the Societies Registration Act, 1860 (21 of 1860) are such as to make the institution one of national importance, it is hereby declared that the institution, known as the Indian Council of World Affairs, is an institution of national importance.

Section 3. Definitions

In this Act, unless the context otherwise requires,--

(a) "appointed day" means the date of commencement of this Act;

(b) "Chairperson" means the Chairperson of the Governing Body;

(c) "Council" means the Indian Council of World Affairs incorporated under section 4;

(d) "Director-General" means the Director-General of the Council;

(e) "existing Council" means the Indian Council of World Affairs, a society registered under the Societies Registration Act, 1860 (21 of 1860) and functioning as such immediately before the appointed day;

(f) "Fund" means the Fund of the Council referred to in section 18;

(g) "Governing Body" means the Governing Body of the Council;

(h) "member" means a member of the Council and includes the President and Vice-President;

(i) "President" means the President of the Council;

(j) "regulations" means the regulations made under this Act;

(k) "rules" means the rules made under this Act;

(l) "Vice-Presidents" means the Vice-Presidents of the Council.

Section 4. Incorporation of the Council

(1) The Indian Council of World Affairs is hereby constituted as a body corporate by the name of the Indian Council of World Affairs and as such body corporate it shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by that name sue and be sued.

(2) The head office of the Council shall be at Delhi and the Council may, with the previous approval of the Central Government, establish branches at other places in India.

Section 5. Transfer of assets and liabilities of the existing Council to the Council

(1) On and from the appointed day,--

(a) all properties and other assets vested in the existing Council immediately before that day, shall vest in the Council;

(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing Council immediately before that day for or in connection with the purposes of the existing Council, shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Council;

(c) all sums of money due to the existing Council, immediately before that day, shall be deemed to be due to the Council;

(d) all suits and other legal proceedings instituted or which could have been instituted by or against the existing Council, immediately before that day, may be continued or instituted by or against the Council; and

(e) every employee holding any office under the existing Council immediately before that day, shall, on that day, hold his office or service under the Council with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting; and shall continue to do so unless and until his employment under the Council is duly terminated or until his remuneration and other conditions of service are duly altered by the Council.

(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the absorption of any employee by the Council in its regular service under this section shall not entitle such employee to any compensation under that Act or any other law and no such claim shall be entertained by any court, tribunal or other authority.

Section 6. Obligation to transfer property or assets

(1) Every person having possession, custody or control of property forming part of the properties and other assets referred to in clause (a) of sub-section (1) of section 5 shall deliver forthwith such property to the Director-General.

(2) Any person in charge of the property and other assets of the existing Council immediately before the commencement of this Act shall, within ten days from that day, furnish to the Director-General a complete inventory of all properties and assets (including particulars of book debts and investments and belongings) immediately before the commencement of this Act and also of all agreements entered into by the existing Council or any person on its behalf.

Section 7. Composition of the Council

(1) On and from the 1st day of September, 2001 and until the appointment of date under sub-section (2), the Council shall consist of the following members, namely:--

(a) the Vice-President of India, who shall be President, ex officio;

(b) the Prime Minister of India;

(c) the speaker of the Lok Sabha;

(d) the Leader of the House, Rajya Sabha;

(e) the Leader of the Opposition, Lok Sabha;

(f) the Leader of the Opposition, Rajya Sabha.

(2) On and from such date as may be appointed by the Central Government by notification in the Official Gazette1[***], the Council shall consist of the following members, namely:--

(a) the Vice-President of India, who shall be the President, ex officio;

(b) three Vice-Presidents as may2[to be nominated, in the first instance by the Council constituted under sub-section (1) and thereafter by the Council constituted under this sub-section;]

3["(c) Director-General, ex officio Member-Secretary;]

(d) five members of the Lok Sabha to be nominated by the Speaker of the Lok Sabha and three members of the Rajya Sabha to be nominated by the Chairman of the Rajya Sabha;

(e) seven members, who are distinguished in the field of diplomacy, international affairs, international law. Multilateral or United Nations affairs, security and disarmament2[to be nominated, in the first instance by the Council constituted under sub-section (1) and thereafter by the Council constituted under this sub-section;]

(f) seven members, who are representatives (of which at least two shall be the Vice-Chancellors) of Universities or research institutions of higher learning from amongst experts in the fields of history, economics and other social sciences2[to be nominated, in the first instance by the Council constituted under sub-section (1) and thereafter by the Council constituted under this sub-section;]

(g) seven members, who are2[either media personalities or persons from organisations] such as India International Centre, Centre for Policy Research, Indian Council of Social Science Research, Institute of Defence Studies and Analyses, Indian Council of Cultural Relations, and interested in the work and objectives of the Council to be2[nominated] by the Governing Body of the Council;

(h) five members2[from Business or] Chambers of Commerce, Federation of Indian Chambers of Commerce and Industry, Confederation of Indian Industry, Associated Chambers of Commerce and Industry of India, Federation of Indian Export Organisations to be nominated by the Governing Body of the Council;

(i) three members from the Ministry of External Affairs, ex officio [Foreign Secretary, Financial Advisor, and Dean (Foreign Service Institute)],1[***];

(j) five members to be nominated by the Central Government to represent respectively the Ministries of the Central Government dealing with Education, Culture, Urban Development, Science and Technology and Defence, ex officio.

(3) It is hereby declared that the office of the member of the Council shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament.

(4) A person shall be disqualified for being nominated or selected as a member if he--

(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a competent court.

1. Omitted by Indian Council Of World Affairs (Amendment) Act, 2003 (5 of 2004) w.e.f. 07.01.2004.

2. Words substituted by Indian Council Of World Affairs (Amendment) Act, 2003 (5 of 2004) w.e.f. 07.01.2004.

3. Substituted by Indian Council Of World Affairs (Amendment) Act, 2003 (5 of 2004) w.e.f. 07.01.2004. Prior to substitution it read as under:

"(c) a Director-General to be nominated by the Counci"


Section 8. Term of office and vacancies among members

(1) Save as otherwise provided in this section, the term of office of a member shall be three years from the date of his nomination.

(2) The term of office of the member nominated to fill a casual vacancy shall continue for remainder of the term of the member in whose place he is nominated.

(3) A member shall, unless the Central Government otherwise directs, continue in office until another person is nominated as a member in his place.

(4) The Central Government shall remove a member if he--

(a) becomes subject to any of the disqualifications mentioned in sub-section (4) of section 7; or

(b) refuses to act or becomes incapable of acting; or

(c) is, without obtaining leave of absence from the Council, absent from three consecutive meetings of the Council; or

(d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest:

Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

(5) A member shall, unless disqualified under sub-section (4) of section 7, be eligible for re-nomination.

(6) A member may resign from his office by writing under his hand addressed to the Central Government but shall continue in his office until his resignation is accepted by that Government.

(7) The manner of filling vacancies among members shall be such as may be prescribed by rules.

Section 9. Powers and functions of President

The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules.

Section 10. Powers and functions of Vice-Presidents

The Vice-Presidents shall exercise such of the powers and perform such of the functions of the President as may be prescribed by rules or as may be delegated to him by the President.

Section 11. Allowances of members

Members shall receive such allowances, if any, from the Council as may be prescribed by rules.

Section 12. Meetings of Council

The Council shall hold its first meeting at such time and place as may be appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that Government; and thereafter the Council shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations

Section 13. Objects of Council

The objects of the Council shall be--

(a) to promote the study of Indian and international affairs so as to develop a body of informed opinion on international matters;

(b) to promote India's relations with other countries through study, research, discussion, lectures, exchange of ideas and information with other organisations within and outside India engaged in similar activities;

(c) to serve as a clearing house of information and knowledge regarding world affairs;

(d) to publish books, periodicals, journals, reviews, papers, pamphlets and other literature on subjects covered under clauses (a) and (6);

(e) to establish contacts with organisations promoting objects mentioned in this section;

(f) to arrange conferences and seminars to discuss and study the Indian policy towards international affairs; and

(g) to undertake such other activities for the promotion of ideas and attainment of the above-mentioned objects.

Section 14. Governing Body and other committees of Council

(1) There shall be a Governing Body of the Council which shall be constituted by the Council from amongst its members in such manner as may be prescribed by regulations.

(2) The Governing Body shall be the executive committee of the Council and shall exercise such powers and discharge such functions as the Council may, by regulations made in this behalf, confer or impose upon it.

(3) On and from such date as may be appointed by the Central Government by notification in the Official Gazette, the Union Minister for External Affairs shall be the Chairperson of the Governing Body and shall exercise such powers and discharge such functions as may be prescribed by regulations.

(4) The procedure to be followed by the Governing Body in the exercise of its powers and discharge of its functions and the term of office of, and the manner of filling vacancies among the members of the Governing Body, shall be such as may be prescribed by regulations.

(5) Subject to such control and restrictions as may be prescribed by rules, the Council may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the Council or for inquiring into, or reporting or advising upon, any matter which the Council may refer to them.

(6) The Chairperson and members of the Governing Body or a standing committee or an ad hoc committee shall receive such allowances as may be prescribed by regulations.