REGISTERED No. DL-33004/2001

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 4]

NEW DELHI, FRIDAY, JANUARY 5, 2001/ PAUSA 15, 1922

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 5th January,2001/Pausa 15,1922 (Saka)

THE INDIAN COUNCIL OF WORLD AFFAIRS ORDINANCE, 2001

No. 1 OF 2001

Promulgated by the President in the Fifty-first Year of the Republic of India.

An Ordinance 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.

WHEREAS the Indian Council of World Affairs Ordinance, 2000, to provide for the

aforesaid matters was promulgated by the President on the 1st day of September, 2000;

AND WHEREAS the Indian Council of World Affairs Bill, 2000, to replace the said

Ordinance has been passed by the House of the People and is pending in the Council of

States;

AND WHEREAS the Indian Council of World Affairs Ordinance, 2000 ceased to operate

on the 1st day of January ,2001;

AND WHEREAS it is considered necessary to give continued effect to the provisions of

the Indian Council of World Affairs Ordinance, 2000 and to validate the actions taken under

the said Ordinance;

AND WHEREAS Parliament is not in session and the President is satisfied that

circumstances exist which render it necessary for him to lake immediate action.

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[PART II—

Now THEREFORE, in exercise of the powers conferred by clause (/) of article 123 of the

Constitution, the President is pleased to promulgate the following Ordinance:—

Short, title and

commencement

1. CO This Ordinance may be called the Indian Council of World Affairs Ordinance,

2001.

C?) It shall be deemed to have come into force on the 1st day of September, 2000.

Declaration of

the Indian

Council of

World Affairs

as institution

of national

importance.

2. Whereas the objects of the Indian Council of World Affairs, a society registered

under the Societies Registration Act, 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.

21 of 1860.

Definitions,

3. In this Ordinance, unless the context otherwise requires,—

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

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

section 4;

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

(e) "existing Council" means the Indian Council of World Affairs, a society

registered under the Societies Registration Act, 1860 and functioning as such

immediately before the appointed day;

21 of I860.

if) "Fund" means the Fund of the Council referred to in section ] 8;

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

(A) "member" means a member of the Council and includes the President and

Vice-President;

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

if) "regulations" means the regulations made under this Ordinance;

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

(/) "Vice-President" means the Vice-President of the Council.

Incorporation

of the Council.

4. (V) The Indian Council of World Affairs is hereby constituted 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

Ordinance, 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.

Transfer of

assets and

liabilities of

the existing

Council to the

Council.

5. (7) On and from the appointed day,—

(a) all properties and other assets vested in the existing Council immediately

before Uiat 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 imme-

diately 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;

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

SEC. 1]

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(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.

14 of 1947.

(2) Notwithstanding anything contained in the Industrial Disputes Act, 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.

6. (7) 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 (7) of section 5 shall

deliver forthwith such property to the Director-General.

Obligation to

transfer

property or

assets.

(2) Any person incharge of the property and other assets of the existing Council

immediately before the commencement of this Ordinance shall, within ten days from that

fitiy, furnish lu Ihe Direcloi-Gciiwal a complete inventory of all properties and assets (in-

cluding particulars of book debts and investments and belongings) immediately before the

commencement of this Ordinance and also of all agreements entered into by the existing

Council or any person on its behalf.

7. (7) The Council shall consist of the following members, namely:—

(a) the Union Minister for External Affairs who shall be the President, ex officio;

(b) a Vice-President, who shall be elected by the Council from amongst its

members;

(d) three members to be nominated by the Central Government who are distin-

guished in the field of diplomacy, international affairs and law;

(e) four members to be nominated by the Centra] Government from amongst

experts in the fields of history, economics, security studies and social sciences;

(/) two members to be nominated by the Central Government from amongst the

Vice-Chancellors of Universities; and

(g) four members to be nominated hy the Council.

Composition

of the Council.

(2) It is hereby declared that the office of the member of the Council shall not dis-

qualify its holder for being chosen as, or for being, a Member of cither House of Parliament.

(3) A person shall be disqualified for being nominated 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.

8. (7) 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 terms 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.

Term of

office and

vacancies

among

members.

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[P/VRTII—

(4) The Central Government snail remove a member if he—

(a) becomes subject to any of the disqualifications mentioned hi sub-section

(3) of section 7; or

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

consecutive meetings of the Council; or

(d) in the opinion of the Centra! 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 caluse unless he has been

given a'reasonable opportunity of being heard in the matter.

(5) A member shall, unless disqualified under sub-section (3) of section 7, be eligible

for re-nomination.

(6) A member may resign 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,

Powers and

functions of

President.

9. The President shall exercise such powers and discharge such functions as are laid

down in this Ordinance or as may be prescribed by rules.

Powers anc]

functions of

Vicc^

President.

10. The Vice-President 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.

Allowances

of members.

11. Members shall receive such allowances, if any, from the Council as may be

prescribed by rules.

Meetings ot

Council.

12. The Council shall hold its first meeting at such lime 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.

Objects of

Council.

13. 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;

affairs;

(d) to publish books, periodicals, journals, reviews, papers, pamphlets and

other literature on subjects covered under clauses (a) and (/;);

(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

SEC. 1]

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'(g) to undertake such olheractivilies for the promotion of ideas and attainment

of the above-mentioned objects.

14. (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.

Governing

Body und

other

committees of

Council.

(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.

(i) The President shall be the Chairperson of the Governing Body and as Chairperson

thereof shall exercise such powers and discharge such functions as ma> 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 regula-

tions.

(5) Subject to such control and restrictions as may be prescribed by! ules, the Council

may constitute as muny standing committees am) as many ad hoc eominittE.es as it thinks lit

for exercising any power or discharging any function of the Council or foi 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.

15. (/) There shall be a chief executive officer of the Council who shall be designated

as the Director-General and shall be appointed by the Ministry of External Affairs.

(2) The Director-General shall act as the Secretary to the Council as well as to the

Governing Body.

(3) The Director-General shall exercise such powers and discharge such functions as

may be prescribed by regulations or as may be delegated to him by the Council or the

President or the Governing Body or the Chairperson.

(4) The Financial Advisor of the Ministry of External Affairs shall be the Financial

Advisor of the Council.

(5) Subject to such rules as may be made in this behalf, the Council may appoint such

number of other officers and employees as may be necessary for the exercise of its powers

and efficient discharge of its functions and may determine the designations and grades of

such other officers and employees.

(6) Subject to such rules as may be made in this behalf, the Director-General and other

officers and employees of the Council shall be entitled to such salary and allowances and

shall be governed by such conditions of service in respect of leave, pension, gratuity,

provident fund and other matters, as may be prescribed by regulations made in this behalf.

Staff of

Council.

16. The Council shall undertake various plans to promote, organise and implement

various programmes for efficiently achieving the objects of the Council specified in section

13 and shall also perform such other functions as the Central Government may, by rules,

prescribe.

Functions of

Council.

17. The Central Government may, after due appropriation made by Parliament by law

in this behalf, pay to the Council in each financial year such sums as may be considered

necessary for the exercise of powers and efficient discharge of functions of the Council

under this Ordinance.

Payment to

Council.

18. (/) The Council shall maintain a Fund to which shall be credited—

(a) all moneys received from the Central Government;

Fund of

Council.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) all moneys received by the Council by way of grants, gifts, donations,

benefications, bequests or transfers; and

source.

(2) All moneys credited to the Fund shall be deposited in such banks or invested in

such manner as the Council may, subject to the approval of the Central Government,

decide,

(3) The Fund shall be applied towards meeting the administrative and other expenses

of the Council, including expenses incurred in the exercise of its powers and discharge of

its functions under section 16 or in relation to any of the activities referred to therein or for

anything relatable thereto.

Budget of

Council.

19. The Council shall prepare, in such form and at such time every year, as may be

prescribed by rules, a budget in respect of the financial year next ensuing, showing the

estimated receipts and expenditure of the Council and shall forward to the Central Govern-

ment such number of copies thereof as may be prescribed by rules.

Accounts and

audit.

20. (7) The Council shall maintain proper accounts and other relevant records and

prepare an annual statement of accounts including the balance-sheet in such form as the

Central Government may, by rules, prescribe and in accordance with such general direction

as may be issued by that Government, in consultation with the Comptroller and Auditor-

General of India.

(2) The accounts of the Council shall be audited by the Comptroller and Auditor-

General of India and any expenditure incurred by him in connection with such audit shall

be payable by the Council to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by

him in connection with the audit of the accounts of the Council shall have the same

rights, privileges and authority in connection with such audit as the Comptroller and

Auditor-General of India has in connection with the audit of the Government accounts

and, in particular, shall have the right to demand the production of books, accounts,

connected vouchers and other documents and papers and to inspect the office or offices of

the Council.

(4) The accounts of the Council as certified by the Comptroller and Auditor-General

of India or any other person appointed by him in this behalf, together-with the audit report

thereon, shall be forwarded annually to the Central Government and that Government shall

cause the same to be laid before each House of Parliament.

Annual

report.

21. The Council shall prepare every year, in such form and at such time as may be

prescribed by rules, an annual report giving a true and full account of its activities during

the previous year and copies thereof shall be fowarded to the Central Government and that

Government shall cause the same to be laid before each House of Parliament.

Authenticauon

of orders and

instruments of

Council

22. All orders and decisions of the Council shall be authenticated by the signature, of

the President or the Vice-President and all other instruments issued by the Council shall be

authenticated by the signature of the Director-General or any other officer of the Council

authorised by the Council in this behalf.

Vacancy,

etc., not to

invalidate

proceedings

of the

Council, etc.

23. No act or proceeding of the Council, Governing Body or any standing or ad hoc

committee under this Ordinance shall be invalid merely by reason of—

(a) any vacancy in, or any defect in the constitution of, the Council; or

(b) any defect in the appointment of a person acting as a member of the Counci I;

the case.

SEC. 1]

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24. The Council shall furnish to the Central Government such reports, returns and

other information as that Government may require from time to time.

Reports,

returns und

information.

25. (7) The Central Government may, by notification in the Official Gazette, make

rules to carry out the provisions of this Ordinance.

(2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:—

Power to

make rules.

(a) the manner of filling vacancies among members under sub-section (7) of

section 8;

(b) the powers and functions to be exercised and discharged by the President

and the Vice-President under sections 9 and 10, as the case may be;

(t) the allowances to be paid to the members under section 11;

(d) the control and restrictions in relation to the constitution of standing and

aA hoc committees under sub-section (5) of section 14;

(e) the number of other officers and employees thai may be appointed by Lhe

Council and the manner of such appointment under sub-section (5) of section 15;

(J) the salaries and allowances payable to the Director-General and other officers

and employees of the Council under sub-section (6) of section 15;

(g) such other functions to be performed by the Council under section 16;

(h) the form in which and the time at which the budget shall be prepared by the

Council and the number of copies thereof to be forwarded to the Central Government

under section 19;

(0 the form in which an annual statement of accounts including the balance-

sheet shall be prepared by the Council under sub-section (/) of section 20;

(/) the form in which and the lime at which the annual report of the activities of

the Council shall be submitted to the Central Government under section 21;

(k) any other matter which has to be or may be prescribed by rules.

26. (1) The Council may, with the previous approval of the Central Government,

make regulations consistent with the provisions of this Ordinance and the rules to carry out

the provisions of this Ordinance.

Power to

make

regulations.

(2) In particular, and without prejudice to the generality of the foregoing power, such

regulations may provide for all or any of the following matters, namely:

(a) the summoning and holding of meetings, other than the first meeting of the

Council, the time and place where such meetings are to be held and the transaction of

business at such meetings under section 12;

(b) the manner in which the Governing Body shall be constituted under sub-

section (7) of section 14;

Body and the Chairperson under sub-sections (2) and (3) of section 14;

(d) the procedure to be followed by the Governing Body in 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 under sub-section (4)

of section 14;

(e) the allowances to be paid to the members of the standing and ad hoc com-

mittees under sub-section (6) of section 14;

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[PART II—SEC. I]

(/) the powers and functions to be exercised and discharged by the Director-

General under sub-section (3) of section 15;

(g) the conditions of service of the Director-General and other officers and

employees of the Council under sub-section (6) of section 15;

(h) any other matter which has to be or may be prescribed by regulations.

(3) Notwithstanding anything contained in sub-section (7), the first regulations under

this Ordinance shall be made by the Central Government and any regulations so made may

he altered or rescinded by the Council in exercise of its powers under sub-section (/).

Rules and

Regulations to

be laid before

Parliament,

27. Every rale and every regulation made under this Ordinance 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 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

regulation or both Houses agree that the rule or regulation should not be made, the rule or

regulation shall thereafter have effect only in such modified form or be of no effect, as the

case may be; so, however, thai any such modification or annulment shall be without prejudice

to the validity of anything previously done under that rule or regulation.

Power to

remove

difficulties

28. (7) If any difficulty arises in giving effect to the provisions of this Ordinance, the

Central Government may, by order published in the Official Gazette; make such provisions

not inconsistent with the provisions of this Ordinance as may appear to be necessary for

removing the difficulty:

Provided that no,order shall be made under this section after the expiry of two years

from the promulgation of this Ordinance.

(2) Every order made under this section shall be laid, as soon as may be after it is

made, before each House of Parliament.

Validation

uml savings.

29. Notwithstanding the fact that the Indian Council of World Affairs Ordinance,

2000 has ceased to operate, it shall not affect—

Ord, 3 of

2000.

(a) the previous operation of, or anything duly done or suffered under the

provisions of the Indian Council of World Affairs Ordinance, 2000 (herein after referred

to as "the Ordinance");

(fc) any right, privilege, obligation or liability acquired, accrued or incurred

under the said Ordinance;

privilege, obligation or liability as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or

enforced as if the provisions of the Indian Council of World Affairs Ordiriance, 2001 had

been in force at all material times.

Ord. 3 of

2000.

K. R. NARAYANAN,

President.

SUBHASH C.JAIN,

Secy, to the Govt, of India.

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