Section 5 in The Indian Council of World Affairs Act, 2001
Title: Transfer of assets and liabilities of the existing Council to the Council
(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 Council, immediately before that day, may be continued or instituted by or against the Council; and
(e) every employee holding any office under the existing Council immediately before that day, shall, on that day, hold his office or service under the Council with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting; and shall continue to do so unless and until his employment under the Council is duly terminated or until his remuneration and other conditions of service are duly altered by the Council.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the absorption of any employee by the Council in its regular service under this section shall not entitle such employee to any compensation under that Act or any other law and no such claim shall be entertained by any court, tribunal or other authority.
Title: Obligation to transfer property or assets
(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.
Title: Composition of the Council
(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 Gazette 1*** the Council shall consist of the following members, namely:--
(a) the Vice-President of India, who shall be the President, ex officio;
(b) three Vice-Presidents 2[to be nominated, in the first instance by the Council constituted under sub-section (1) and thereafter by the Council constituted under this sub-section];
3[(c) Director-General, ex officio Member-Secretary];
(d) five members of the Lok Sabha to be nominated by the Speaker of the Lok Sabha and three members of the Rajya Sabha to be nominated by the Chairman of the Rajya Sabha;
(e) seven members, who are distinguished in the field of diplomacy, international affairs, international law, Multilateral or United Nations affairs, security and disarmament 4[to be nominated, in the first instance by the Council constituted under sub-section (1) and thereafter by the Council constituted under this sub-section;]
(f) seven members, who are representatives (of which at least two shall be the Vice-Chancellors) of Universities or research institutions of higher learning from amongst experts in the fields of history, economics and other social sciences 5[to be nominated, in the first instance by the Council constituted under sub-section (1) and thereafter by the Council constituted under this sub-section;]
(g) seven members, who are 4[either media personalities or persons from organisations] such as India International Centre, Centre for Policy Research, Indian Council of Social Science Research, Institute of Defence Studies and Analyses, Indian Council of Cultural Relations, and interested in the work and objectives of the Council to be 6[nominated] by the Governing Body of the Council;
(h) five members 7[from Business or] Chambers of Commerce, Federation of Indian Chambers of Commerce and Industry, Confederation of Indian Industry, Associated Chambers of Commerce and Industry of India, Federation of Indian Export Organisations to be nominated by the Governing Body of the Council;
(i) three members from the Ministry of External Affairs, ex officio [Foreign Secretary, Financial Advisor, and Dean (Foreign Service Institute)] 8***;
(j) five members to be nominated by the Central Government to represent respectively the Ministries of the Central Government dealing with Education, Culture, Urban Development, Science and Technology and Defence, ex officio.
(3) It is hereby declared that the office of the member of the Council shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament.
(4) A person shall be disqualified for being nominated or selected as a member if he—
(a) has been convicted and sentenced to imprisonment for an offence whi ch, in the opinion of the Central Government, involves moral turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court.
1. Certain words and figures omitted by Act 5 of 2004, s. 2 (w.e.f. 7-1-2004). 2. Subs. by s. 2, ibid., for "as may be nominated by the Council" (w.e.f. 7-1-2004).
3. Subs. by s. 2, ibid., for clause (c) (w.e.f. 7-1-2004).
4. Subs. by s. 2, ibid., for "to be nominated by the Council" (w.e.f. 7-1-2004).
5. Subs. by s. 2, ibid., for "either media personalities or representatives of organisations" (w.e.f. 7-1-2004).
6. Subs. by s. 2, ibid., for "selected" (w.e.f. 7-1-2004).
7. Subs. by s. 2, ibid., for "who are representatives of Business or" (w.e.f. 7-1-2004).
8. The words ", to be nominated by the Chairperson of the Governing Body omitted by Act 5 of 2004, s. 2 (w.e.f. 7-1-2004).
Title: Term of office and vacancies among members
(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 obtaining leave of absence from the Council, absent from three consecutive meetings of the Council; or
(d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest:
Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.
(5) A member shall, unless disqualified under sub-section (4) of section 7, be eligible for re-nomination.
(6) A member may resign from his office by writing under his hand addressed to the Central Government but shall continue in his office until his resignation is accepted by that Government.
(7) The manner of filling vacancies among members shall be such as may be prescribed by rules.
Title: Powers and functions of President
The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules.