LALIT KALA AKADEMI
MEMORANDUM OF ASSOCIATION*
Whereas it is considered expedient to establish a national organization to foster and coordinate activities in the sphere of creative visual arts and promote thereby the cultural unity of the country, it is hereby resolved as follow:
A National Academy of Art, to be called ‘Lalit Kala Akademi’ shall be established.
The headquarters of the Akademi shall be at New Delhi.
3. ORGANISATION AND FUNCTION
A. The Akademi shall be a corporate body, shall have perpetual seal and may sue and be sued in its corporate name.
B. It shall have the following powers and functions namely:-
I. To encourage and promote study and research in the fields of creative arts such as painting, sculpture and graphics etc.;
II. To encourage and coordinate the activities of the regional art organizations and Stat Lalit Kala Akademis;
III. To promote cooperation among artists and art associations and development of such associations;
IV. To encourage, where necessary, the establishment of Regional Art Centres;
V. To encourage, the exchange of ideas between various schools of art by organizing conferences, seminars, exhibitions etc. on all India basis involving scholars and educationists and state Academies, Zonal Cultural Centres and Art Organizations like faculties of art in universities, art colleges and schools, art museums, art galleries and art associations;
VI. To publish and to promote publication of literature on art including monographs, journals etc.;
VII. To establish and maintain a Library, catering to the needs of various organizations and covering world art;
* Incorporating amendments approved by Government of India Ministry of Human Resource Development, Department of Culture in their notification No.3-34/97 Desk (PA) dated 8th January 1999 and Ministry of Tourism and culture’s notification No.3-20/2000 US (Akademis) dated 13.05.2002.
VIII. To give recognition to art associations and other art organizations for assisting artists though them, in consultation with State Akademis and Government in order to promote the proper growth and functioning of art Associations and Organizations;
IX. To foster cultural contacts within the country and also with other countries, through art exhibitions, exchange of personnel and art objects, etc.
X. To award scholarships and prizes to deserving artists;
XI. To accord recognition to artists for outstanding achievements;
XII. To promote study, reach and survey of folk, tribal and traditional arts and crafts techniques, preserve and project their art forms and to organise regional surveys of and to encourage surviving indigenous craftsmen, painters and sculptors;
XIII. In furtherance of its objects and works, to purchase land, own property of all kinds and to maintain, sell mortgage or otherwise dispose of and deal with the same;
XIV. To create a Reserve Fund, Sinking Fund or any other special fund, whether for depreciation or for repairs, improving, extending or maintaining any of the properties or rights of the Akademi and or recoupment of wasting assets and for any other purposes for which the Akademi deems it expendient or proper to create or maintain any such fund or funds, provided that no part of grants received from the Government of India or any part of income derived out of expenditure met from the Government of India grants shall be transferred to any such funds without the prior approval of the Government of India.
XV. To create and establish the Lailt Kala Artists’s Welfare Trust with the money available in Artists Aid Fund and Social Security and to credit all future funds under these heads to the Trust; and
XVI. To do all such other acts either on its own or in conjunction with other organizations or persons as the Akademi may consider necessary, incidental or conducive to the fulfillment of above said objectives.
RULES AND REGULATIONS
4. OFFICERS OF THE AKADEMI
The following shall be the officers of the Akademi namely:
II. Vice Chairman
III. Financial Advisor and
i. Six months prior to the date when the term of the Chairman is to come to an end or as soon as it otherwise becomes necessary to select a new chairman, the General Council of the Akademi shall nominate a member of the search committee which will consist of three members and submit the name to the President of India. The other two names shall be nominated by the President of India out of which one shall be a past Chairman of the Akademi, if available. The search committee shall draw up a panel of three names in alphabetical order and submit it to the president of India who shall appoint one of the three names in the panel as the Chairman or the Akademi. The names empanelled shall be of persons of high integrity and moral character and widely respected with proven capability to run an organization smoothly. The conditions of service of the Chairman shall be decided by the Government of India appropriate to the status accorded to him.
Note: Where it becomes necessary, the President of India may appoint a pro tem Chairman till the regular Chairman is appointed in accordance with the above procedure.
ii. The Chairman shall hold office for a term not exceeding five years from the date on which he/she assumes office. However, he shall no continue in office after the end of the calendar year in which he completes 70 years of age. No person can be Chairman of the Akademi for more than two consecutive terms. The Chairman may demit his office by resignation sent to the President of India and of its acceptance by the President of India.
iii. The Chairman shall have the power to take a decision on behalf of the General Council or the Executive Board when circumstances so warrant subject to ratification by the respective authority at its next meeting. In the event of a modification of the decision of the Chairman by the General Council or the Executive Board, as the case may be, it shall be without prejudice to anything done or any action taken as per the decision of the Chairman.
iv. In order to ensure efficient administration of the Akademi, the Chairman shall inter-alia have the following powers and functions, namely;
a) To supervise and coordinate on behalf of the General Council the execution of the directions of the General Council and the decisions of the Executive Board and the various committees of the Akademi by the Secretary;
b) To maintain the rotation roster of Fellows for membership of General Council;
c) To appoint the Secretary and Group A and Group B employees of the Akademi, corresponding to similar classification of Government employees, in accordance with the Service Bye Laws and Recruitment Rules prescribed by the General Council;
d) TO appoint an Election Officer for conducting the elections from the constituencies of artists;
Note: When it becomes necessary, in the absence of a Chairman, the Central Government may appoint an Election Officer to conduct elections from the constituencies of artists;
e) To nominate three members of the General Council to the Executive Board; and
f) To coordinate activities of the Akademi with those of Governments, Zonal Cultural Councils, other Akademis and Art organizations and associations.
6. VICE CHAIRMAN
i. The Vice Chairman shall be elected in a meeting of the General Council from amongst the members of the General Council present and for a term of five years or up to the end of his term as member if it falls earlier. The person elected as Vice Chairman must have managerial ability and integrity. No person shall be eligible to hold office of Vice Chairman for more than two successive terms.
ii. The Vice Chairman shall assist the Chairman in such matters as are entrusted to him by the Chairman. No Statutory power of the Chairman shall be so entrusted. The Vice Chairman shall act as the Chairman in the absence of the Chairman or in case of Vacancy in the office of Chairman, till the Chairman resumes office or till an acting Chairman is appointed by the Government of India. When the absence of Chairman or said vacancy is likely to extend beyond one month, Government of India may appoint an acting Chairman till the Chairman resumes office, but, no person shall hold office of acting Chairman for a period exceeding six months. The Vice Chairman shall be entitled to facility of telephone, transport to office and back and appropriate travel and camping facilities on tour, if he resides away from headquarters of Akademi, as may be approved by the General Council.
iii. The Vice Chairman may demit his office by resigning and on his resignation being accepted by the Chairman. Acting Chairman may demit his office by resigning and on his resignation being accepted by the Government of India.
7. FINANCE ADVISER
i. The Financial Adviser shall be appointed by the Government of India and shall hold such office at the pleasure of the said Government. If the Financial Adviser to the Government of India in the Department of Culture is appointed as part time Financial Adviser to the Akademi, he shall be assisted in his functions by a Finance and Accounts Officer in the Akademi appointed on deputation from an established service on tenure basis similar to Directors appointed in the Secretariat of the Government of India.
ii. The Financial Adviser shall advise the Akademi generally in all matters relating to the management of the properties and investments of the Akademi, preparation of the annual estimates and statements of accounts and the expenditure of funds on assets, goods and services for which moneys have been granted to Akademi by the Government by reference to the objectives to be achieved.
iii. In order to ensure efficient management of the Akademi, the Financial Adviser shall, have the following powers and functions, namely;
a) To examine and scrutinize the budget of the Akademi prepared by the Secretary;
b) To consider all proposals for new expenditure;
c) To consider the Audit Report;
d) To review the finances of the Akademi from time to time;
e) To give advice on any financial question affecting the Akademi either on his own initiative or at the instance of the Secretary or any of the bodies of the Akademi.
1. The Secretary shall be the full time principal Exective Officer of the Akademi and he shall be appointed by the Chairman as per provisions of Service Bye-Laws and Recruitment Rules prescribed by the General Council. The Status and pay scale of Secretary shall be identical and equal to that of a Professor in Universities. The person appointed must have had experience of not less than ten years as organizer or manger and not less than five years in Administration or Personnel Management involving Service and Financial rules of Government or organizations patterned on Government rules and regulations. No Person who is or has been a member of the General Council in the preceding five years shall be eligible for being appointed as Secretary.
At no time shall the post of Secretary be vacant and in the event of a vacancy the Chairman Shall nominate an employee of the Akademi to function also as part time secretary of the Akademi till a new Secretary is appointed.
2. The Secretary shall be the ex-officio Secretary of the General Council, the Executive Board, Finance Committee and all other Committees, which may be set up from time to time but shall not be deemed to be a member of any of these authorities.
3. It shall be the duty of the Secretary:
a. To be the custodian of the records and such other property of the Akademi as the Executive Board may commit to his charge;
b. To conduct the official correspondence on behalf of the authorities of the Akademi;
c. To issue all notice convening meeting of the authorities of the Akademi and of all committees appointed by any of these authorities.
d. To keep the minutes of all meeting of the authorities of the Akademi and of all committees appointed by any of these authorities;
e. To maintain accounts of the Akademi;
f. Subject to the control of the Executive Board to manage the property and investments of the Akademi and be responsible for the preparation of the annual estimate and statements of accounts and for their presentation to the Executive Board and General Council.
g. Subject to the powers of the Executive Board, to be responsible for seeing that all moneys are expended on the purpose for which they are granted or allotted;
h. To sign all contracts and assurances of property made on behalf of the Akademi after the same have been approved by the Executive Board; and
i. To exercise such other powers as may be assigned to him by the Executive Board or the General Council.
4. The receipt of the Secretary or the person duly authorized in this behalf by the Executive Board for any moneys paid into the Akademi shall be sufficient discharge for the same.
9. AUTHORITIES OF THE AKADEMI
The following shall be the authorities of the Akademi:
a. The General Council
b. The Executive Board
c. The Finance Committee
d. Any other Standing Committee or Committees which the General Council or the Executive Board may set up for discharging any one or more of their functions.
10. GENERAL COUNCIL
The General Council shall be a continuing authority with its members other than ex-officio members appointed for a term of five years and shall consist of the following, namely:-
ii. Vice Chairman
iii. Financial Adviser
Note:- The Chairman and Financial Advisor shall be ex-officio members of the General Council.
iv. Five nominees of the Government of India, namely Director, National Gallery of Modern Art; Director General, National Museum; Joint Secretary in change of matters relating to the Akademi and holder of one more office in the Department of culture identified from time to time by the Department of Culture and the Financial Adviser to the Government of India in the Department of Culture. If the last mentioned nominee is appointed by the Government of India as the part time Financial Adviser or the Akademi then the number of nominees shall be four. The nominees shall be ex-officio members of the General Council.
v. Eight nominees of the Government of India holding offices under its control, namely, the Chairperson or President, as the case may be of the Sangeet Natak Akademi and Sahitya Akademi; the Director General of the Indian Council for Cultural Relations; the Member Secretary of the Indira Gandhi National Centre for Arts; the Directors General of Akashwani and Doordarshan; Chairman of the All India Council for Technical Education and Chairman University Grants Commission. They shall be ex-officio members of the General Council.
vi. Fellows of the Akademi will be listed in order of their election as Fellows and three of them will be members of the Akademi by rotation for five years from the date they are informed of their membership by the Chairman. The rotation roster shall be maintained by the Chairman who shall nominate the Fellows as members for five years and inform them of their membership soon after a vacancy arises for any reason whatsoever. The decision of the Chairman on the order of names in the rotation roster shall be final. The three Fellows shall be deemed to be ex-officio members of the General Council.
vii. In rotation from one of the three groups A, B and C below, for a term of five years, one member to be nominated by the State Akademi which is concerned with visual art from each State and Union Territory in the group. In States or Union Territories where there is no State Akademi concerned with Visual Art, one member to be nominated by each of the State Governments or Union Territory Administrations in the group. The persons nominated shall be of high integrity and moral character. They shall be practicing artists with a record of service in promotion of art in the State or Union Territory where they are nominated by State Government or Union Territory Administrations. If they are nominated by Akademis in States or Union Territories they may be artists or art critics or art historians. The persons nominated shall be deemed to be ex-officio members of the General Council. No person shall be eligible to hold office for more than two successive terms.
Artist means any artist engaging in works of visual art of any type.
Group A Group B Group C
Andaman & Nicobar Islands Andhra Pradesh Arunachal Pradesh
Assam Bihar Chandigarh
Dadra & Nagar Haveli Daman & Diu Delhi
Goa Gujarat Haryana
Himachal Pradesh Jammu & Kashmir Lakshdweep
Karnataka Kerala Madhya Pradesh
Maharashtra Manipur Meghalaya
Mizoram Nagaland Orissa
Pondicherry Punjab Rajasthan
Sikkim Tamil Nadu Tripura
Uttar Pradesh West Bengal
Chhattisgarh Uttaranchal Jharkhand
viii. Ten persons of high integrity and record of management and service in promotion of arts to be nominated by the Department of Culture, Government of India to represent art organizations and associations, from at least thirty names recommended to the Government by the General Council. The persons whose names are recommended must be representative of and involved with work of recognized art associations or art organization like faculties or fine arts in universities, art collage and schools, art museums, art galleries, art publishers and art media. If the Government does not find any suitable name from those recommended by the Genneral Council to represent any area of work relating to art it may nominate a person suo moto to represent that area of work. The term of the nominated members shall be five years. The persons nominated shall be deemed to be ex-officio members of the General Council. No person shall be eligible to be a member of the General Council for more than two successive terms.
ix. Fifteen persons to be elected by constituencies, described as the constituencies of artists, comprised of
a) recognized artists in India who shall be entitled to stand for election and have the power to vote,
b) eligible artists in India who shall be entitled to stand for election but shall not have the power to vote.
c) the Fellows of the Akademi in India who shall be entitled to stand for election and have the power to vote, and
d) eminent artists in India who shall be entitled to stand for election and have the power to vote.
Recognized artist means an artist who has
i. won an award or honourable mention in, or,
ii. exhibited his work in two or more of,
the National Exhibitions of Art or International Exhibition of the Akademi since its inception in August 1954.
Eligible Artist means
a) an artist who has exhibited his work in only one of the National Exhibition of Art or International exhibitions of the Akademi since its inception in August 1954, but not won an award or Honourable mention therein and is not a recognised, or distinguished artist, or
b) an artist who has displayed his work in an exhibition the standard of which by a resolution of the General Council of the Akademi is considered to be comparable to the standard of the Exhibitions of the Akademi and who is not a recognised or distinguished artist.
Eminent artist means
an artist whose eminence has been acknowledged by the Akademi by display of his works in an invited section in any of the National Exhibition of Art or International Exhibitions of the Akademi since its inception in 1954, on the basis of selection by a Jury constituted by the Akademi; or an artist, whose eminence has been acknowledged by the Akademi by way of inclusion of his name in the Special Roll of Juries from which Juries are selected by the Akademi.
ix. The term of the fifteen elected members will be five years. No person shall be eligible for election to the General Council for more than two successive terms.
The delimitation of the constituencies into at least five or at most 15 constituencies and manner of holding elections shall be prescribed by rules framed by the General Council.
x. An expert from the sphere of Handicrafts and Folk Art who has acknowledged scholarship and writings on the subject to his credit; and eminent or recognized art critic; two eminent or recognized art historians who are heading or have headed University Department in a faculty or visual art or archaeology or in arts college; an eminent person who has rendered meritorious service to the cause of art; an architect who has authored books on art in architecture and has proven scholarship and a creative photographer making films and television videos who has proven scholarship and has authored books on the subject of art in photography, videos and films. They shall be nominated by the General Council for a term of five years. No person shall be eligible to be a member of the General Council for more than two successive terms.
Recognised art critic or art historian means
an art critic or art historian who has won a recognition award or honorable mention given by the Akademi at the National or International level as a result of selection by a Jury, constituted by the Akademi.
Eminent art critic or art historian means
An art critic or art historian whose eminence has been acknowledged by the Akademi by way of inclusion of his name in the Special Roll of Juries from which Juries are selected by the Akademi.
xi. Nine Eminent Artists, residing in India, nominated in their individual capacity by the General Council. They shall be persons of high integrity and moral character. The term of the members shall be five years. No person shall be eligible to be members of the General Council for more than two successive terms.
Note: 1 Only the ex-officio and deemed ex-officio members listed in sub clauses (i), (iii), (iv), (v), (vi), (vii) and (viii) and the members from the constituencies comprised of artists mentioned in sub clause (ix) are empowered to nominate the members of the General Council listed in sub clauses (x) and (xi) above. When one or more of the members of the General Council aforesaid with power to nominate other members or the General Council have themselves not been appointed or are not in position, for any reason whatsoever, nominations made by other empowered members of the General Council present shall not be called in question.
Note: 2 The term of an ex-officio member may exceed five years. In respect of other members of General Council nominations for a term of five years shall be obtained from the concerned nominating authorities by the Secretary well before the term of the existing incumbent expires. If for any reason whatsoever a person nominated as member of the General Council ceases to be such a member, the nominating authority shall be requested by the Secretary to nominate another person for a term of five years, save in the case of clause 10(vii), where the representative of the concerned State/Union Territory shall be nominated for the balance of the term of five years.
Note: 3 A change of appointee in an office by virtue of which a person is nominated as an ex-officio member in terms of sub clauses (i), (iii), (iv) and (v) above will automatically result in a vacancy in the membership of General Council with the new appointee in office taking the place of his predecessor, The new appointee in office shall become member of the General Council as soon as he is appointed as officer of the Akademi or nominated into the General Council, as the case may be.
Note: 4 Where any member of the General Council is of the view that any person elected or nominated does not fulfill the qualification required in him the member may take action as provided for in clause 17(1)
Note: 5 If the term of the members of the General Council, Executive Board, Finance Committee and Standing Committee and Chairman, Vice Chairman and Financial Advisor constituted, elected, nominated or appointed under the memorandum of association and rules and regulations of the Akademi prior to these amendments has not already expired, they shall ceases to be such members or such officers and shall cease to operate as such with effect from the date these amendments to clauses 5,6,7,10,13,15 and any other clauses and sub clauses in this Memorandum of Association and rules and regulations are approved by the central Government. After these amendments to clauses 5,6,7,10,13,15 and any other clauses and sub clauses in this Memorandum of Association and rules and regulations are approved by the Central Government, the management of the Society, on relinquishment by the Central Government with effect from the date specified in the order referred to in Section 6 of the Lalit Kala Akademi (Taking over of Management (Act 1997) (Act No. 17 of 1997), shall vest in the General Council constituted under the memorandum of association and rules and regulations duly amended as aforesaid, and that General Council shall operate as such together with the Executive Board, Finance Committee, Standing Committee and Chairman, Vice Chairman and Financial Advisor constituted, elected, nominated or appointed under the amended memorandum of association and rules and regulations.
11. FUNCTIONS OF THE GENERAL COUNCIL
The General Council shall have the following functions and powers, namely:-
A. To elect a Vice Chairman from among its members.
B. To elect six members of the Executive Board from amongst its members and to prescribe the rules of procedure of the Executive Board.
C. To elect two members of the Finance Committee from amongst its members and to prescribe the rules of procedure of the Finance Committee.
D. To approve the annual budget of the Akademi drawn up the Executive Board.
E. To appoint auditors unless Government of India arranges for the audit through the Comptroller and Auditor General.
F. To elect, by a majority of at least three fourth of the members present and voting not more than one new fellow every year from out of names recommended by the existing Fellows of the Akademi, and based on bio-data and career achievements of the persons recommended, duly verified and presented by the Secretary. Each fellow may recommend not more than one name of artists, art critic or art historian who is eminent or name of a person who has rendered outstaying service to the cause of art.
Removal of a Fellow from the list of Fellows of the Akademi for sufficient reasons to be placed on record and after communication sent to said Fellow by the Chairman on the advice of the Executive Board, as a show cause notice containing the reasons. The notice shall be returnable within a reasonable time and after considering reply thereto of the said Fellow, the General Council may decide on his removal from the list of Fellows. The removal of a Fellow will be by majority of the total number of members of the General Council and majority of two thirds of the number of members present and voting.
The number of Fellows shall at no time exceed 25, of whom not more than three shall be non-Indians.
G. To grant recognition on the recommendations of the Executive Board to art organisation rendering useful service to art.
H. To consider and approve programmes proposed by the Executive Board.
I. Subject to the provisions in this memorandum of association and rules and regulations, to frame rules, regulations, bye-laws and rules of procedure including rules or codes for the following;
i. Setting up Standing Committee, by whatever names they are called eg. Advisory Committee, their functions and their rules of procedure;
ii. Election of fifteen members from the constituencies of artists and delimitation of the consitiuencies;
iii. Grant of recognition to artists, art historians and art critics through selection by Juries and preparation and maintenance of a Special Roll of Juries from which Juries for the National and International Exhibitions of the Akademi and for making other selections shall be chosen;
iv. Grant of scholarships, prizes and grants for research to artists, art historians and art critics;
v. Admission to studio facilities of the Akademi;
vi. Artists Welfare Trust and Artists-Aid-Fund;
vii. Documentation, Publication, Library and Archives of the Akademi;
viii. Grant of recognition and assistance to art organizations and art associations, in consultation with Zonal Cultural Centre and Akademis and Governments or Administrations in States and Union Territiories;
ix. Conduct of persons who are members of the authorities of the Akademi and those engaged in activities of the Akademi;
x. Payment of Honorarium, Travel and Daily allowances and other amounts to members of General Council, Executive Board, Finance Committee, Standing Committees, Members of Juries and others entrusted with work of the Akademi;
xi. Sale of Publication of the Akademi;
xii. Recruitment and service conditions of Secretary and employees of the Akademi; and
xiii. Administration, Accounts Financial control and review of action taken on pending audit observations;
J. To do any other such acts as may be necessary for the maintenance of the organization and performance of the functions of the Akademi .
Note: In the discharge of its functions the General Council shall be guided by such directions on questions of policy as may be issued to it by the Central Government. The decision of the Central Government as to whether a question is or is not one of policy shall be final. Such directions shall be given in writing by the Government to the chairman.
12. MEETINGS OF THE GENERAL COUNCIL
The General Council shall meet once a year at the Headquarter of the Akdmei in September, or as soon thereafter as, may be on a date and at a time to be fixed in consultation with the Chairman, which shall be described as the annual meeting. Special meetings of the General Council may be called at the Headquarters of the Akademi, at any other time, by the Chairman on his own initiative or at the request of the Executive Board or to discuss any special agenda. Extraordinary meetings of the General Council may be called at the Headquarters of the Akademi at the written request of not less than one-third of the total number of members of the General Council.
13. EXECUTIVE BOARD
The Executive Board shall consist of the following, members namely:
ii. Vice Chairman
iii. Financial Adviser
iv. Three members nominated by the Government of India from among their nominees on the General Council falling under sub clauses 10(iv) and 10(v).
v. Six persons to be elected from amongst the members of the General Council in the following manner;
a. Two persons with organizational and management experience to be elected by the General Council from among those nominated to the General Council by State and Union Territory Akadmeies or State Governments and Union Territory Administrations falling under sub clauses 10(vii).
b. Two persons with management capability to be elected by the General Council from among the members of the General Council falling under sub clause 10(viii).
c. Two persons with high integrity and moral character to be elected by the General Council from among those elected to the General Council by the constituencies comprising of artists falling under sub clause 10(ix).
vi. Three persons with management capability to be nominated by the Chairman from among the members of the General Council falling under sub clauses 19(vi), 10(x), 10(xi).
Note 1: Where any member of the General Council is of the view that any person elected does not fulfill the qualifications required in him, he may take action as provided for in sub clause 17(1).
Note 2: The term of the members of the Executive Board as are elected by the General Council or nominated by the Government of India or the Chairman for membership of the Executive Board shall be five years, but, limited to the end or their term as member of the General Council. The term of an ex-officio member of the General Council who is nominated to the Executive Board may exceed five years.
14. FUNCTIONS OF THE EXECUTIVE BOARD
The Executive Board shall have the following functions and powers namely:-
A. To exercise the executive authority of the Akademi, subject to the supervision of the General Council.
B. To be responsible for the supervision and control of the work of the Akademi and of its office;
C. To prepare the programmes of the Akademi and to appoint committees in respect of such programmes as approved by the General Council;
D. To draw up the annual budget of the Akademi subject to the financial limits prescribed by the Finance Committee to be submitted for the approval of the General Council;
E. The prepare the annual report and accounts of the Akademi for the consideration of the General Council;
F. Subject to the provisions of sub clause F of clause 11 to initiate action for removal of a Fellow from the list of Fellows of the Akademi where warranted;
G. To consider and propose to the General Council names of important art organizations deserving recognition from the Akademi;
H. Subject to the budgetary limits and the policy directive, if any of the General Council to grant financial assistance to organizations recognised by the Akademi;
I. To nominate a member of the Finance Committee in accordance with item 4 of paragraph 15 of the constitution;
J. To nominate a person or persons to represent the Akademi in National and International conferences or organisations;
K. Subject to orders of the Government of India, to create posts for employment of staff of the Akademi and to review action taken under scheme, if any, for assessment for advancement of artist employees and welfare and training and retraining of all the employees to improve their work efficiency and morale;
L. To hold meetings of the Executive Board at least once in three months.
15. FINANCE COMMITTEE
The Finance Committee shall consist of the following members, namely:-
1. The Financial Adviser who will be the Chairman of the Committee
2. One nominee of the Government of India from among its nominees on the General Council.
3. Two representatives of the General Council nominated by it from among its members.
4. One representative of the Executive Board nominated by it from among its members.
Note: The term of the members of the Finance Committee as are nominated by the Government of India, the General Council or the Executive Board shall be five years, but limited to the end of their term as member of the General Council. The term of an ex-officio member, who is nominated to the Finance Committee may exceed five years.
16. FUNCTIONS OF THE FINANCE COMMITTEE
The Finance Committee shall consider the budget estimates of the Akademi, make recommendations thereon to the Executive Board and prescribe the total limits of expenditure within a financial year.
1. Any rule made or decision taken by the General Council or any decision taken by any other authority of the Akademi or by a Jury constituted by the Akademi, except where the authority or Jury acts in accordance with its powers and functions as defined in this memorandum of association and rules and regulations, may be amended or set aside by the General Council. If on being moved by any member of the General Council to so amend or set aside a rule or decision, action is not taken by the General Council within a month, and ten or more members or the General Council refer the matter to Government of India, the Government of India shall examine the matter and shall reply to the members or shall issue direction in writing to the Chairman within two months of receiving the reference. The directions of the Government of India shall be binding on the General Council and other authorities and officers of the Akademi.
2. The General Council may, by a majority of not less than three fourth of the members present and voting request the Government of India to amend this constitution in such manner as the General Council may decide.
3. The General Council, Executive Board, Finance Committee and Standing Committees shall be continuing authorities even if there are vacancies in them.
4. If any vacancy occurs in the General Council, Executive Board or Finance Committee due to any person ceasing to be a member thereof, no proceeding
of General Council, Executive Board or Finance Committee, as the case may be, till the said vacancy has been filled up, shall be rendered invalid.
5. Should any ex-officio member of the General Council, other than a deemed ex-officio member, be prevented from attending a meeting of the General Council or the Executive Board, or the Finance Committee or any of the Standing Committee of the Akademi on which he may be functioning he shall be at liberty to appoint and authorise an officer working under him to represent him at that meeting and such representative shall have all the rights and privileges of a member of the General Council or of the Board or of the Committee as the case may be for that meeting only.
6. Any member of the General Council not attending any of the meetings of the Council in two consecutive calendar years will cease to be member of the said Council. But in the case of an ex-officio member, other than a deemed ex-officio member not attending and not sending a representative he will not cease to be a member and his absence shall be brought to the notice of the Government of India through a letter sent by the Secretary and the Government of India shall direct such ex-officio member to attend to his functions in the Akademi.
7. If any member of the Executive Board or Finance Committee or Standing Committee of the Akademi does not attend three consecutive meetings he shall cease to be member of the Board or the Committee,. As the case may be. But in the case of an ex-officio member other than a deemed ex-officio member not attending and not sending a representative he will not cease to be a member, and his absence shall be brought to the notice of the Government of India through a letter sent by the Secretary and the Government of India shall direct the member to attend to his functions in the Akademi.
8. Resignation of a member, other than an ex-officio member, of the General Council, Executive Board, Finance Committee or any Standing Committee shall be effective on its acceptance by the Chairman of the Akademi.
9. Any vacancy in the General Council, Executive Board, Finance Committee or any Standing Committee arising a result of death, resignation, or any other reason, shall be filled as soon as possible. In case of an elected member from the constituencies of artists the vacancy will be filled subject to advice of the Election Officer on the advantage or otherwise of holding amid term bye-election.
10. Quorum: The quorum for meeting of the General Council, shall be 10 members and for the meetings of the Executive Board, Finance Committee and Standing Committee the quorum shall b e one sixth the their total strength.
It shall be the responsibility of the Secretary to ensure that all the members of the General Council, the Executive Board and said Committees receive notice of meetings through post, courier, fax, telephone or otherwise, well in time.
11. Disciplinary matters: The power to appoint, nominate or elect which is vested in President of India, Government of India, Authorities of the Akademi or Officers of the Akademi as the case may be in terms of any of the clauses in the Memorandum of Association, Rules and Regulations, Rules of the procedure, Service Bye Laws and other rules including Recruitment Rules shall include the power to remove any person appointed, nominated or elected after giving him an opportunity to be heard in the interest of Natural Justice.
Whenever a violation of the code of conduct or conduct unbecoming otherwise, is alleged against any post or present member of the General Council , Executive Board, Finance Committee or Standing Committees, any person holding an Honorary position or any artist using or who has used a Studio of the Akademi or an art critic or art historian associated with the activities of the Akademi and a petition signed by fifty or more eminent or recognised artists or a petition signed by fifty or more employees of the Akademi is received the Chairman shall constitute a disciplinary committee to enquire into any act of omission or commission by the person who is alleged to have violated the code of conduct or is alleged to be guilty of conduct unbecoming otherwise. Where the said petition contains allegations against a past or present Chairman and is received by the Government, the President of India shall constitute the said disciplinary committee.
The Chairman or the President of India as the case may be shall take action on the basis of the recommendations of the disciplinary committee which shall have powers to recommend censure for a limited period or for all times and recovery of loss caused to the Akademi.
The President of India or Chairman shall be empowered to remove the censured Chairman or as the case may be Vice Chairman, Member, artist or person for the period of the censure from the office, Council, Board Committee or studio as soon as the person concerned is censured by the President of India or Chairman on the recommendations of the disciplinary committee. The President of India or Chairman may also effect or cause to be effected recovery of loss to Akademi as recommended by the disciplinary committee. For the period of the censure the censured artist or person shall be ineligible for election from the constituencies comprising of artists and for using the studios of the Akademi or for display in exhibitions or for awards of, the Akademi.
The aforesaid disciplinary powers of the President of India or Chairman shall also be invoked in relation to conduct unbecoming by reference to accepted moral principles, on the part of Chairman, member, artist or person a aforesaid, prior to the empowerment of President of India or Chairman with the disciplinary powers.
12. Take over of management by Central Governmen t:
i) In the event of serious difficulties arising with regard to the management of the Akademi, if the Central Government is of the view, that it is necessary for the Government to take over the management of the Akademi in order to secure proper management and that any delay would be highly detrimental to the interests of the Akademi, the Government may, by order, take over the management of the Akademi for a period not exceeding three years and relinquish the management of the Society after three years or earlier, in the manner stated hereinafter.
ii) On the take over of the management of the Akademi by the Government the Chairman, Vice-Chairman, Financial Adviser, Honorary Secretaries or Honorary appointees, if any, the member of the General Council, the Executive Board, the Finance Committee and all the Standing Committees of the Akademi shall be deemed to have vacated their offices, as such, from the date of the take over. The powers of the Chairman, the General Council, Executive Board and Standing Committees shall be vested in a person appointed by the Central Government as the Administrator, from the date of the take over. The Administrator shall carry on the management of the society for and on behalf of the Central Government, subject to the directions of that Government. Subject to the supervision, control and direction of the Administrator the powers of the Finance Committee shall be vested in an officer of the Central Government appointed by that Government.
13. Handing back of the management of Akademi by Government.
i) In the event of the take over of the management of the Akademi by the Central Government as referred to in the preceding clause, on the expiry of the said three years or even earlier if it appears to the Central Government that purpose of taking over of management of the Society has been fulfilled or that for any other reason it is not necessary that the management of the Society should remain vested in the Government, the Government may by order relinquish the management of the Akademi with effect from such date as may be specified in the order. On and from the date so specified, the management of the Society shall vest in the General Council as constituted under the Memorandum of Association and the rules and regulations, so however that steps, if any, in relation to the administration of the Akademi by the General Council, may be taken after the issue of the order specifying the date of relinquishment.
ii) If the steps in relation to the appointment of a Chairman, where necessary, are not completed by the specified date, the President of India may appoint a pro term Chairman till the regular Chairman is appointed in accordance with the memorandum of association and rules and regulation of the Akademi. Where necessary, pending the assumption of office by the Chairman or pro tern Chairman the Central Government may, before the date of relinquishment specified in the aforesaid order, appoint and Election Officer to conduct elections from the constituencies of artists with reference to sub clause 5(iv)(d).
iii) The term of three calendar year, of the nominated and elected members of the new General Council shall begin with the year in which the specified date falls.
14. Appellate Authority
Appeal shall lie from any officer or employee of the Akademi or any person To the Central Government against any final decision of any officer or authority of the Akademi pertaining to service matters which is not more that one year old. However, it shall be open to the Government to entertain, at its discretion appeals pertaining to service matters which are much older, taking into account special circumstances where under the appeals could not be preferred earlier. Where disciplinary action is taken by the President of India, as under sub clause 17(11), ante, or by Government of India, a review petition shall lie to the President of India from the person proceeded against.
15. Review Committee: The Central Government may set up a review committee at intervals of 10 to 15 years to evaluate how far the objectives of the Akademi are still relevant and are being achieved by the activities of the Akademi and make a report to Government.
16. Assets of Akademi: All property of the Akademi moveable and immovable shall vest in the Executive Board. The Akademi shall have no powers to license or lease for more than two years or mortgage, sell or part with in any other way possession of any assets of the Akademi without the approval of the Central Government obtained in writing, except where the transfer of possession is to the Central Government or to any of its attached or subordinate organizations or to such statutory organization under control of Central Government as it may specify.
In case of dissolution of the Akademi properties of the Akademi, moveable and immoveable shall vest in the Central Government.