(1) With effect from such date as the Central Government may, by notification, appoint in this behalf there shall be established a Foundation to be called the Kalakshetra Foundation.
(2) The Foundation shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
(3) The office of the Foundation shall be located at Thiruvanmiyur, Madras.
Section 9 - The object of foundation
The objects of the Foundation shall be,--
(i) to emphasise the essential unity of all true arts;
(ii) to work for the recognition of the arts as vital to the individual, national and international growth;
(iii) to maintain the highest traditions of art and culture in their pristine purity and in conformity with traditions;
(iv) to arrange for the training, research, study, teaching and development of art and science, music, dance-drama, fine arts and Bharat-Natyam; and
(v) to ensure that the principles of "education without fear" and "art without vulgarity" are adhered to in the activities of the Foundation and not to permit any deviation from these high ideals.
Section 10 - Authorities of the Foundation
(1) The Foundation shall consist of the following authorities, namely:--
(a) the Governing Board;
(b) the Academic Committee; and
(c) the Finance Committee.
(2) In the discharge of functions and exercise of powers under this Act, the authorities referred to in sub-section (1) shall be guided by the objects specified in section 9.
Section 11 - The Governing Board
The Governing-Board shall consist of--
(a) a Chairperson, who shall be a person of high eminence in public life, to be appointed by the Central Government;
(b) not more than twelve Members to be nominated by the Central Government from amongst persons who--
(i) have rendered valuable service to Kalakshetra;
(ii) have been connected with, or have knowledge of art, culture, folk arts and crafts;
(iii) are eminent artistes; and
(iv) are patrons of art and culture;
(c) two persons, possessing one or more of the qualifications referred to in sub-clauses (i) to (iv) of clause (b), to be nominated by the State Government;
(d) two officers of the Central Government, not below the rank of a Deputy Secretary, to be nominated by that Government, to represent the Ministry of the Central Government dealing with culture, ex officio;
(e) one officer of the State Government, not below the rank of Joint Secretary, to be nominated by that Government, to represent the Department of Education of that Government, ex officio; and
(f) the Director, ex officio.
Section 12 - Term of office of Members
(1) The term of office of the Members shall be five years from the date of constitution of the Governing Board.
(2) If a casual vacancy occurs in the office of a Member nominated under clause (a) or clause (c) of section 11, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by making fresh nomination and the Member so nominated shall hold office for the remainder of the term of office of the Member in whose place he is so nominated.
(3) An outgoing Member shall be eligible for re-nomination.
(4) A Member may resign his office by writing under his hand addressed to the Central Government but shall continue in office until his resignation is accepted by that Government.
(5) The Members nominated under clauses (b) and (c) of section 11, shall be entitled to such allowances as may be prescribed.
Section 13 - Meetings of Governing Body
(1) The Governing Board shall meet at least twice in a year at Madras at such time as may be fixed by the Chairperson of the Governing Board.
(2) All decisions at the meeting of the Governing Board shall be taken by majority of the Members present and voting:
Provided that in the case of equality of votes the Chairperson of the Governing Board shall have a casting vote.
(3) The Governing Board shall observe such procedure in regard to the transaction of its business at its meetings (including the quorum at its meetings) as may be specified by regulations.
(4) No act or proceeding of the Governing Board shall be invalid merely by reason of--
(a) any vacancy in, or any defect in the constitution of, the Governing Board; or
(b) any defect in the nomination of a person acting as a Member of the Governing Board; or
(c) any irregularity in the procedure of the Governing Board not affecting the merits of the case.
Section 14 - Governing Board to be the supreme authority of Foundation
(1) The Governing Board shall be the supreme authority of the Foundation and the general superintendence, direction and management of the affairs of the foundation shall vest in the Governing Board.
(2) The Governing Board exercise such powers and discharge such functions as may be prescribed.
Section 15 - Academic Committee
(1) The Academic Committee shall consist of--
(a) the Director;
(b) the Heads of the constituent units;
(c) three distinguished persons in the field of art and culture including dance, music, folk arts and crafts, to be nominated by the Central Government; and
(d) one person to be nominated by the State Government, representing the Department of Education of that Government.
(2) The tenure of office and other terms and conditions of the members of the Academic Committee shall be such as may be specified by regulations.
(3) The Academic Committee shall observe such procedure in regard to the transaction of its business at its meetings (including the quorum at the meetings) as may be specified by regulations.
Section 16 - Powers and functions of Academic Committee
The Academic Committee shall be responsible for the maintenance of standards of education, training and examination conducted by the constituent units and shall exercise such other powers and perform such other functions as may be assigned to it, from time to time, by the Governing Board.
Section 17 - Finance Committee
(1) The Finance Committee shall consist of--
(a) the Financial Adviser to the Government of India or his nominee in the Ministry of the Central Government dealing with culture;
(b) an officer of the Central Government, not below the rank of a Deputy Secretary, to be nominated by that Government;
(c) an officer of the State Government not below the rank of a Deputy Secretary, to be nominated by that Government, representing the Department of Finance of that Government; and
(d) the Director.
(2) The Finance Committee shall observe such procedure in regard to the transaction of the business at its meetings as may be specified by regulations.
Section 18 - Powers and functions of Finance Committee
The Finance Committee shall--
(i) scrutinise the annual statement of accounts and budget estimates of the Foundation prepared by the Director and make recommendations to the Governing Board;
(ii) prescribe the limits of the recurring and non-recurring expenditure of the Foundation for each financial year;
(iii) review the financial position of the Foundation from time to time and have an internal audit conducted; and
(iv) perform such other functions as may be prescribed.
Section 19 - Appointment and duties of Director
(1) The Central Government shall, by notification, appoint a Director who shall be the principal executive officer of the Foundation and who shall be responsible for the proper administration of the affairs of the Foundation and its day-to-day management and shall exercise such other powers and perform such other duties as may be assigned to him by the Governing Board.
(2) The Director shall prepare the annual statement of accounts and budget estimates of the Foundation for scrutiny by the Finance Committee.
(3) The Director shall be a whole time employee of the Foundation and shall be entitled to such salary and allowances out of the Fund and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters, as may be prescribed.
Section 20 - Transfer of service of existing employees
On and from the appointed day, every officer or other employee, employed immediately before the appointed day in connection with the affairs of Kalakshetra shall become an officer or other employee of the Foundation and shall hold office by the same tenure and remuneration and on the same terms and conditions as to pension, gratuity and other matters as he would have held under the Board of Trustees or any other body, in whatever, capacity, if this Act had not been passed and shall continue to do so, unless and until his employment in the Foundation is terminated or until his tenure, remuneration and other terms and conditions are duly altered by the Foundation:
Provided that the tenure, remuneration and other terms and conditions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the Central Government.