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INDIAN RED CROSS SOCIETY ACT, 1920

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S.1 Short title

       (1) This Act may be called the Indian Red Cross Society Act, 1920.
       1[* * * * *]
       _____________________________
       1. Sub-section (2) was omitted by the Red Cross Society (Amdt.) Act, 1956 (22 of 1956), section 2 (21-5-1956).


S.2 Constitution of India Red Cross Society

Thereshall be constituted by this Act a Society to be known as the Indian Red CrossSociety (hereinafter called the Society). The first members of the Societyshall be nominated by persons who immediately before the commencement of thisAct were members of the Joint War Committee, Indian Branch, of the Order of St.John of Jerusalem in England and the British Red Cross Society (hereinaftercalled the Committee) at a meeting to be summoned and held for that purpose inaccordance with the usual practice of the Committee within three months from thecommencement of this Act. The number of members to be so nominated shall not beless than twenty-five or more than fifty.


S.3 Appointment of Managing Body

The Committee shall also at the same meeting appoint from among the members nominated under section 2 the Managing Body of the society (hereinafter called the Managing Body), the members of which shall hold office as such until a new Managing Body is appointed as hereinafter provided. The number of members of the Managing Body shall not be less than ten or more than thirty.


S.4 Incorporation

The first members of the Society and all persons who may hereafter become members thereof so long as they continue so to be, are hereby constituted a body corporate under the name of the Indian Red Cross Society, and the said body shall have perpetual succession and a common seal with power to hold and acquire property, moveable and immoveable, and shall sue and be used by the said name.


S.4(a) President of the Society

       1[4A. President of the Society.--
       The President of India shall be the President of the Society (hereinafter referred to as the President).
       _____________________________
       1. Sections. 4A to 4E inserted By Indian Red Cross Society (Amdt.) Act (14 of 1992), section 2 (w.r.e.f. 23-1-92).
       
       
       
       


S.4(b) Composition of Managing Body

       (1) Notwithstanding anything contained in section 3, the Managing Body shall consist of the following members, namely :--
       (a) a Chairman to be nominated by the President for such term as he may deem fit;
       (b) six members to be nominated by the President for such term as he may deem fit;
       (c) twelve members to be elected by the State Branch Committees for a term of two years in accordance with the rules made by the managing Body under section 5 :
       Provided that not more than one member shall be elected by any State Branch Committee :
       Provided further that no member, elected under this section, shall hold office continuously for more than two terms.
       (2) The Managing

S.4(c) Secretary General and Treasurer of the Society

       (1)The Managing Body shall, with the previous approval of the President, appoint a Secretary-General and a Treasurer of the Society.
       (2) The term of office and the conditions of service of the Secretary-General and the Treasurer shall be such as the Managing Body may determine by rules made under section 5 :
       Provided that the term of office and conditions of service of the Secretary-General and the Treasurer may be varied in like manner by the Managing Body.
       (3) Notwithstanding anything contained in any contract or agreement and notwithstanding any judgment, decree or order of any court, tribunal or authority or anything contained in any other provision of this Act or the rules made thereunder, the term of office and conditions of service of any person appointed as the Secretary-General of the

S.4(d) Powers and functions of the Chairman and Vice-Chairman

       (1) The powers and functions of the Chairman shall be--
       (a) to preside over the meetings of the Managing Body and all other Committees set up by the Managing Body of which he is the Chairman;
       (b) to re-appropriate, on the advice of the Treasurer of the Society, budgetary allocation from one major head of account to another major head of account;
       (c) to authorise, on the advice of the Treasurer of the Society expenditure on items not contemplated in the annual Budget of the Society, subject to the availability of funds;
       (d) to institute, if necessary, disciplinary proceedings against officers of and above the rank of Deputy Secretary of the Society :
       Provided that the final decision on the basis of the dis

S.4(e) Powers of the President to supersede the Managing Body

       (1) If, at any time, the President is of opinion--
       (a) that there has been gross failure in the management of the affairs of the Society by the Managing Body; or
       (b) that the Managing Body is acting in a manner which is prejudicial to carrying out the objectives of the Society,
       the President may, by order in writing, supersede the Managing Body for such period, not exceeding six months, as may be specified in the order:
       Provided that before issuing an order under this sub-section, the President shall give a reasonable opportunity to the Managing Body to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Managing Body.
       (2) Upon the issue of an orde

S.5 Power to make rules

       1 [(1)] The Managing Body 2 [may, 1 [with the approval of the President] make rules3 for the management, functions, control] and procedure of the Society. The rules may provide among other matters for the following, namely :--
       (a) the conditions of membership of the Society;
       (b) the appointment and term of office of members of the Managing Body;
       (c) the choice of representatives on international and other Committees;
       4 [(d) the procedure of election of members by State Branch Committees;]
       (e) the constitution of Finance, Medical and other Committees and the delegation of powers to them; 5 [* * *].
       6 [(f) the powers exercisable by the Managing Body in supervisin

S.6 Dissolution and transfer of property of Joint War Committee

       Upon the nomination of the first members of the Society and the appointment of the Managing Body--
       (a) the Committee shall be dissolved;
       (b) all property, moveable or immovable, of or belonging to the Committee shall vest in the Society and shall be applied by the Managing Body to the objects and purposes hereinafter set out; and
       (c) all the debts and liabilities of the Committee shall be trnasferred to the Society, and shall thereafter be discharged and satisfied by it out of the aforesaid property, and each and every member of the Committee shall be wholly discharged therefrom.


S.7 Purposes to which funds of Society may be applied

       Notwithstanding anything contained in any appeal for subscriptions of gifts to or for the purposes of the Committee, the Managing Body may in its discretion apply--
       (a) either the corpus or the income or any part of such corpus or income of any property vested in it under clause (b) of section 6 for the relief of sickness, suffering or distress caused by the operation of war in India or in any other country in which Expeditionary Forces from India may, from time to time, be employed and for purposes cognate to that object and in maintaining Red Cross Depots for military purposes;
       (b) in accordance with the provisions of section 8 the income only of any such property but not the corpus or any part thereof for the relief of sickness or suffering in India, whether due to the operation of war or not, or in pursuance of any of the objects set

S.8 Constitution of Branch Committees

       1[( 1) If Branch Committees consisting of members of the Society are constituted in2[any of the States in India3[* *]] specified in the Second Schedule, then, subject to the requirements of the Managing Body for the purposes of clause (a) of section 74[and section 13] and any provision for expenses of management, the income of the property which has been vested in the Society under clause (b) of section 6 shall be distributed annually among such Branch Committees in the proportion shown in the said Schedule, to be expended by them and at their discretion upon all or any of the objects referred to in clause (b) of section 7.
       5[(2) The6[Central Government] may, by notification in the Gazette of India, direct that7[any part of India]8[* * *] specified in the first column of the Second Schedule shall be excluded therefrom or that g[any part of india]8[* * *] not specified therein shall

S.9 Affiliation of other Societies

       The Managing Body may also affiliate to the Society any other society or body1[whether constituted in India or in any other country] having all or any of the objects and purposes referred to in section 7, and may provide for the allocation and distribution of funds, through such society or body, to or for any such objects or purposes.
       _____________________________
       1. Inserted by the Red Cross Society (Amdt.) Act, 1956 (22 of 1956), section 4 (21-5-1956).
       
       
       
       


S.10 Decision of Managing Body as to purposes final

The Managing Body shall have authority to determine in all cases what matters properly fall within the scope of clause (b) of section 7, and its decision in all such matters shall be binding on all Branch Committees and affiliated societies or bodies.


S.11 Receipt and use of gifts

       The Managing Body may also receive and hold gifts of whatsoever description either for the general purposes of the society or for any particular purpose,1[* * *] and on receipt of such gifts may, subject to the provisions of rules made under section 5, apply the same to such purposes, either directly or through Branch Committees, or societies or bodies affiliated under section 9.
       _____________________________
       1. The expression "for which the corpus or income of the property vested in it under clause (b) of section 6 may be applied under the provisions of section 7" was omitted by the Red Cross Society (Amdt.) Act, 1956(22 of 1956), section 6 (21-5-1956).


S.12 Powers of Branch committees

       Subjectto the provisions of rules made under section 5 1 [and the powers ofsupervision exercisable by the Managing Body thereunder], each Branch Committeeshall have all power 2 [* * *] to receive gifts and expend all moniesreceived by it for its purposes, either directly or through other societies orbodies.
       _____________________________
       1.Inserted by the Red Cross Society (Amdt.) Act, 1956 (22 of 1956), section8(21-5-1956).
       2.Words "to regulate its own procedure and constitution", omitted, y theRed Cross Society (Amdt.) Act, 1956 (14 of 1992), section 4 (w.r.e.f. 23-1-92).
       
       


S.13 Transfer of property to Pakistan

       1[13. Transfer of property to Pakistan.--
       (1) Notwithstanding anything contained in this Act, the Managing Body may, from out of the funds specified in column 1 of the Third Schedule, transfer to the Pakistan Red Cross Society the amounts specified in that Schedule as being the share of the Pakistan Red Cross Society which that Society has agreed to receive for being applied to the purposes for which they were held by the Society.
       (2) Upon the transfer of such amounts to the Pakistan Red Cross Society under sub-section (1), the Society shall be freed and discharged from all obligations imposed upon it by or under this Act as in force before the commencement of the Indian Red Cross Society (Amendment) Act, 1956, or under any trust or other document in respect of anything to be done in Pakistan or in any part thereof.]
   

Sch.1 FIRST SCHEDULE

       1[THE FIRST SCHEDULE
       (See section 7)
       Objects to which the funds of the Society may be applied
       (1) Aid to the sick and wounded members of the Armed Forces of the Union in accordance with the terms and spirit of the Geneva Conventions of 12th August, 1949 and discharge of other obligations devolving upon the Society under me Conventions as the recognised auxiliary of the Armed Eroces Medical Services.
       (2) Aid to the demobilised sick and wounded members of the Armed Forces of the Union.
       (3) Maternity and Child Welfare.
       (4) Junior Red Cross.
       (5) Nursing and ambulance work.
       (6)

Sch.2 SECOND SCHEDULE

       1[THE SECOND SCHEDULE
       (See section 8)
       Statement showing the approximate percentage of the claim of the States and Union territories to the income of the property vested in the Society under clause (b) of section 6.]
       Name of States and Union territories Approximate Percentage
       
       Jammu and Kashmir 5.02
       Assam 1.49
       Bihar 6.25
       2[Gujarat
       3.63]
       3[Haryana
       3.20]
       Kerala 1.03
     

Sch.3 THIRD SCHEDULE

       THE THIRD SCHEDULE
        (See section 13) Statement showing the share of Pakistan Red Cross Society in the funds specified in column I.
       Name of the Fund from which transfer is to be made Share of Pakistan Red Cross Society as on 30-6-48 Amount advanced to Pakistan Red Cross Society up to 31-12-52 Balance payable to Pakistan Red Cross Society in securities at cost and cash as agreed upon
       1 2 3 4
        Rs. A. P. Rs. A. P. Rs. A. P.
       Indian Red Cross Society 41,74,208 6 3 4,04,348 13 5 37,69,859 8 10
       Indian Forces' Medical After-Cure Fund 4, 81,232 14 0 1 ,30,000 0 0 3,51,232 14 0
       Lady Chelmsford All-India Maternity and Child Wel

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