INDIAN COUNCIL OF WORLD AFFAIRS ACT, 2001
(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.
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.
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 Bod
(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.
(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 Co
(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.
(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:--
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(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 obta
The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules.
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.
Members shall receive such allowances, if any, from the Council as may be prescribed by rules.
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
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;
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(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
1[(1) There shall be a Director-General of the Council who shall, before a Council is constituted under sub-section (2) of section 7, be appointed by the Council constituted under sub-section (1) of that section and thereafter during the tenure of a Council constituted under sub-section (2) of section 7, by that Council.
(1A) Every appointment of the Director-General under sub-section (1) shall be made from a panel of at least two names recommended by the Government of India in the Ministry of External Affairs.
(1B) The Director-General shall be the chief executive officer of the Council.
(1C) The Director-General shall be at least equivalent to the rank of Additional Secretary to the Government of India and shall have a tenure not exceeding three years.
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.
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 Act.
(1) The Council shall maintain a Fund to which shall be credited to--
(a) all moneys received from the Central Government;
(b) all moneys received by the Council by way of grams, gifts, donations, benefactions, bequests or transfers; and
(c) all moneys received by the Council in any other manner or from any other 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 rela
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 Government such number of copies thereof as may be prescribed by rules.
(1) 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 directions 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 a
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 forwarded to the Central Government and that Government shall cause the same to he laid before each House of Parliament.
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.
No act or proceeding of the Council, Governing Body or any standing or ad hoc committee under this Act 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 Councilor
(c) any irregularity in the procedure of the Council not affecting the merits of the case.
1 [23A. Transitory provision
For the removal of doubts, it is hereby declared that till the constitution of a Council in terms of sub-section (2) of section 7, the Council referred to in sub-section (1) thereof shall be deemed to have been a Council for the purposes of this Act notwithstanding anything contrary contained in any provision of this Act:
Provided that anything done or any action taken or any proceeding initiated under any provision of this Act or rules or regulations made there under shall not be called in question before any court or other authority because of non-existence of a Council in terms of sub-section (2) of section 7.]
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1. Inserted by Indian Council Of World Affairs (Amendment) Act, 2003 (5 of 2004)
The Council shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.
(1) The Central Government may. by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(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:--
(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-Presidents under sections 9 and 10, as the case may be;
(c) the allowances to be paid to the members under section 11;
(d) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 14;
(1) The Council may, with the previous approval of the Central Government, make regulations consistent with the provisions of this Act and the rules to carry out the provisions of this Act.
(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 he held and the transaction of business at such meetings under section 12;
(b) the manner in which the Governing Body shall be constituted under subsection (1) of section 14;
(c) the powers and functions to be exercised and discharged by the Governing Body and the Chairper
Every rule and every regulation made under this Act 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, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act 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 commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
1 [28A. Power of remove difficulties
(1) If any difficulty arises in giving effect to the provisions of the Indian Council of World Affairs (Amendment) Act, 2003, the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of the Indian Council of World Affairs (Amendment) Act, 2003.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]
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1. Inserted by Indian Council Of World Affairs (Amendment) Act, 2003 (5 of 2004) w.e.f. 07.01.2004.
(1) The Indian Council of World Affairs (Second) Ordinance, 2001 is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act.
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