REGISTERED No. D- (D)-72
रजिस्ट्री सं ० डी-(डी)-72
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 1
PART II Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, मंगलवार, मई 24, 1977, जेयष्ठ 3 , 1899
सं० 29]
No. 29] NEW DELHI , TUESDAY , MAY 24 , 1977 /JAISTHA 3 , 1899
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
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 24th May 1977
THE YOGA UNDERTAKINGS ( TAKING OVER OF MANAGEMENT ) ORDINANCE , 1977
No. 8 OF 1977
Promulgated by the Vice- President acting as President in the Twenty - eighth Year of the Republic of India
An Ordinance to 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 .
WHEREAS Parliament is not in session and the Vice - President acting as President is satisfied that circumstances exist which render it neces- sary for him to take immediate action ,
NOW, THEREFORE , in exercise of the powers conferred by clause ( 1 ) of article 123 of the Constitution, the Vice - President acting as President is pleased to promulgate the following Ordinance : -
CHAPTER I
PRELIMINARY
1. ( 1 ) This Ordinance may be called the Yoga Undertakings (Taking title and Short
Over of Management ) Ordinance , 1977 . cornmence-
(2) It shall come into force at once . ment .
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[PART II- 164
2 In this Ordinance , unless the context otherwise requires ,--
Defini- tions
(a) "Administrator" means the person or body of perso pointed as the Administrator under section 4 ; persons ap-
(b ) " appointed day" means the date of promulgation of this Ordinance;
( c) "prescribed means prescribed by rules made under this Ordinance ,
21 of 1860 (d) " Societies Registration Act" means the Societies Registia- tion Act , 1860, as in force in the Union territory of Delhi ;
(e) "two Yoga Societies " means the-
(2) Vishwayatan Yogashram , a society Societies Registration Act and having its B-35 , Defence Colony , New Delhi ; and registered under the registered office at
(1) Central Research Institute for Yoga, a society register- ed under the Societies Registration Act, and having its register- ed office at Yogashram , Ashok Road , New Delhi ;
and the expression "Yoga Society" shall be construed as referring to one of the two Yoga Societies ,
(f) words and expressions used herein and not defined but defin- ed in the Societies Registration Act shall have the meanings , res- pectively, assigned to them in that Act .
CHAPTER II
TAKING OVER OF THE MANAGEMENT OF THE UNDERTAKINGS OF THE TWO YOGA SOCIETIES
3. (1 ) On and from the appointed day, and for a period of two years thereafter , the management of the undertakings of the two Yoga Socie- ties shall vest in the Central Government:
Manage- ment of the under- takings of the two Sucie- ties
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 Government after the expiry of the said period of two years , it may , from time to time, issue directions for the continuance of such management for such period , not exceeding one year at a time , as it may think fit ; so , however, that the total period for which such management shall continue to vest in the Central Gov- ernment shall not , in any case , exceed five years .
(2) The undertaking of each of the two Yoga Societies shall be deem- ed to include all assets , rights, lease - holds , powers , authorities and privileges and all property , movable and immovable , including lands, buildings, works , workshops , projects , stores , instruments , machinery, aircraft , automobiles and other vehicles , cash balances , reserve funds , investments and book debts and all other rights and interests arısıng out of such property as were immediately before the appointed day in the ownership, possession , power or control of each of the two Yoga Societies , whether within or without India, and all books of account , registers , maps , plans and all other documents of whatever nature relat- ing thereto.
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SEC 1 ]
(3) Any contract , whether express or implied , or other arrangement , in so far as it relates to the management of the business and affairs of the undertakings of either , or both , of the two Yoga Societies and in force immediately before the appointed day shall be deemed to have terminated on the appointed day.
(4) All persons in charge of the management of either of the two Yoga Societies , including persons holding offices as directors , managers , members of the Governing Body or Board of Trustees or any other managerial personnel of either , or both, of the two Yoga Societies im- mediately before the appointed day shall be deemed to have vacated their offices as such on the appointed day
4 (7) The Central Government shall, as from the appointed day , Adınınıs- appoint a person or a body of persons as the Administrator of the under trator takings of the two Yoga Societics for the purpose of taking over the of the management thereof and the Administrator shall carry on the manage- Socie- ment of the undertakings of the two Yoga Societies for and on behalf thes of the Central Government Yoga
(2 ) The Central Government may issue such directions ( including directions as to initiating, defending or continuing any legal proceedings before any court , tribunal or other authority) to the Administrator as to his powers and duties as that Government may deem desirable and the Administrator may apply to the Central Government at any time for instructions as to the manner in which he shall conduct the manage- ment of the undertakings of the two Yoga Societies or in relation to any matter arising in the course of such management
(3) Subject to the other provisions of this Ordinance and to the con- trol of the Central Government , the Administrator shall be entitled . notwithstanding anything contained in the Societies Registration Act or in any other law for the time being in force, to exercise , in relation to the undertakings of the two Yoga Societies , the powers of the Govern- ing Body , or , as the case may be, the Board of Trustees , of the respective Yoga Society , including the powers to dispose of any property or assets of such society , whether such powers are derived under the Societies Registration Act or from the memorandum and rules or regulations of the concerned Yoga Society or from any other source
(4) Every person having possession , custody or control of any property forming part of the undertakings of either of the two Yoga Societies shall deliver forthwith such property to the Administrator or to any officer or other employce of the Contral Government , as may be autho- rised by the Central Government in this behalf
(5) Any person who , on the appointed day, has in his possession or under his control any books , papers or other documents relating to the undertakings of ether of the two Yoga Societies , including the minutes books containing the resolutions of the persons in charge of the manage- ment of the concerned Yoga Suciety before the appointed day , current cheque books relating to the undertakings of the concerned Yoga Society, any letters , memoranda, notes and other communications bet- ween him and either of the two Yoga Societies shall, notwithstanding anything contained in any other law for the time being in force , be hable to account for the books . papers and other documents (including 166
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[PART II-
such minutes books , cheque books , letters , memoranda notes and other communications ) to the Administrator or to any such person ( being an officer or other employee of the Central Government ) as may be autho- rised by the Central 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 dav 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- cluding particulars of book debts and investments and belongings ) form- ing part of the undertakings of the concerned Yoga Society immediately before the appointed dav and of all the liabilities and obligations of the concerned Yoga Society , in relation to its undertakings , subsisting im- mediately before that date and also of all agreements entered into by either, or both , of the two Yoga Societies in relation to its or undertakings and in force immediately before that day. their
(7) The Administrator shall receive from the funds of the two Yoga Societies such remuneration as the Central Government may fix
No right to corn- pensation premature for termina- tion of a con- tract.
5 Notwithstanding anything contamed in any law for the time being in force , no person in respect of whom any contract of management or other arrangement is terminated by reason of the provisions contained in sub - section ( 3 ) of section 3 or who ceases to hold any office by reason of the provisions contained in sub - section (4 ) of that section , shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement or for the loss of his office
Relin- quish- ment of manage- ment of the Yoga Societies
6. ( 1 ) Notwithstanding anything contained in sub - section ( 1 ) of sec- tion 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 of 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 of either , or both , of the Yoga Societies should remain vested in that Government , it may, by order published in the Official Gazette, relin- quish the management of the undertakings of either , or both , of the Yoga Societles 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 concerned Yoga Society shall vest in the Governing Body ( by whatever name called ) of the concern- ed Yoga Society and such management shall be carried on in accordance with the provisions of the Societies Registration Act, so , however, that the steps , if any , in relation to the management of the undertakings of the Yoga Societies may be taken after the publication of the order under sub - section (1 ) .
Applica- tion of Act 21 of 1860
7. ( 1 ) Notwithstanding anything contained in the Societies Registra- tron Act or in the memorandum and rules and regulation of either of the Yoga Societies but subject to the provisions of sub - section (2 ) of sec- SEC 1 ]
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tion 6, so long as the management of the undertakings of the Yoga So- cieties remains vested in the Central Government,-
(a) it shall not be lawful for the members of either of the two Yoga Societies or any other person to nominate or appoint any per- son to be a member of the Governing Body ( by whatever name called of either of the two Yoga Societies;
(b) no resolution passed at any meeting of the members of 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 , on or after the appointed day , shall be given effect to unless approv- ed 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- pointment of a Receiver in respect of any undertaking thereof shall lie in any court except with the consent of the Central Government .
(2) Subject to the provisions contained in sub - section ( 1 ) and subject to such other exceptions , restrictions and limitations , if any , as the Central Government may, by notification in the Official Gazette, specify in this behalf, the Societies Registration Act shall continue to apply to the Society in the same manner as it applied thereto before the appointed day.
CHAPTER III
MISCELLANEOUS
8. Any person who ,-
Penal- tres
(a) having in his possession or custody or under his control any property forming part of the undertakings of either of the two Yoga Societies , wrongfully withholds such property from the Administra- tor or any person authorised under this Ordinance , or
(b ) wrongfully obtains possession of any such property , or
(c) wilfully retains any property forming part of any of the undertakings of either of the two Yoga Societies or removes or des- troys it, or
(d) wilfully withholds or fails to deliver any books , papers or other documents which may be in his possession or custody or under his control to the Administrator or any person authorised under this Ordinance, or
(e) fails , without any reasonable cause , to furnish information or particulars as provided in sub - section (6 ) of section 4
shall be punishable with imprisonment for a term which may extend to two years , or with fine which may extend to ten thousand rupees , or with both .
9 ( 1 ) Where an offence under this Ordinance has been committed by Offences a company , every person who at the time the offence was committed was by com- in charge of, and was responsible to , the company for the conduct of the panies . business of the company as well as the company , shall be deemed to be THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 168
guilty of the offence and shall be liable to be proceeded against and punished accordingly .
Provided that nothing contained in this sub - section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due dili- gence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub - section ( 1 ) , where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or conni- vance of, or is attributable to , any neglect on the part of any director, manager , secretary or other officer of the company , such director , mana- ger, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly .
Explanation . 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
10. 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 either of the two Yoga Societies in respect of any matter arising out of any transaction in relation to their undertakings , the time during which this Ordinance is in force shall be excluded .
Exclusion of period of operation of Ordi- nance
Ordi- nance to have cver- rıdıng effect
11 The provisions of this Ordinance or any notification , order or rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this Ordinance or in any ins- trument having effect by virtue of any law other than this Ordinance or in any decree or order of any court .
12 ( 1 ) No suit , prosecution or other legal proceeding shall lie against the Administrator or any officer or other employee of the Central Gov- ernment for anything which is in good faith done or intended to be done under this Ordinance
Protec- tion of action taken in good faith
(2) No suit or other legal proceeding shall lie against the Central Government or the Administrator or any of the officers or other em- ployees of the Central Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Ordinance .
Contracts in bad be cancel- faith may led or varied
13. ( 1 ) If the Central Government is satisfied . after such enquiry as it may think fit, that any contract or agreement entered into at any time within three years immediately preceding the appointed day , between either of the two Yoga Societies , in so far as such contract or agreement relates to the undertakings of such Yoga Society, has been entered into in bad faith , or is detrimental to the interests of the concerned Yoga Society, it may make an order cancelling or varying (either uncondi- tionally or subject to such conditions as it may think fit to impose ) such THE GAZETTE OF INDIA EXTRAORDINARY
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169
contract or agreement and thereafter the contract or agreement shall have effect accordingly .
Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement reason- able opportunity of being heard
(2) Any person aggrieved by an order under sub - section ( 1 ) may make an application to the High Court at Delhi for the variation or reversal of such order and thereupon such court may confirm , modify or reverse such order .
nate con- Power to termi- tract of employ- ment 14 If the Administrator is of opinion that any contract of employ- ment entered into by either of the two Yoga Societies in relation to their undertakings , at any time before the appointed day, is unduly onerous , he may , by giving to the employee one month's notice in writing or the salary or wages for one month in lieu thereof, terminate such contract of employment .
15. ( 1 ) The Central Government may , by notification in the Official Gazette , make rules to carry out the provisions of this Ordinance .
Power to make rules .
(2) Every rule made by the Central Government under this Ordı- nance 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 both Houses agree that the rule should not be made, the 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 .
B. D. JATTI,
Vice - President acting as President .
K. K. SUNDARAM, Secy . to the Govt . of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRFSS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI , 1977