Chapter II TAKING OVER OF MANAGEMENT OF THE UNDERTAKING OF GRANDHASALA SANGHAM

(1) The Governmnent may, by notified order, appoint a body of persons (hereinafter referred to as the 'Board of Control') to take over the management of the undertaking. (2) The Board of Control shall consist of a Chairman and such number of other members not execeding ten as the Government may think fit, to be appointed by the Government. (3) The Government may, either in the notified order issued under sub-section (1) or in a subsequent order, specify that one or more of the members of the Board of Control shall be full-time member or full time members thereof. (4) The term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Board of Control shall be such as may be prescribed. (5) The salaries, allowances and other remuneration and the conditions of service of the members of the Board of Control shall be such as may be determined by the Government. (6) Any notified order issued under sub-section (1) shall remain in force for such period not exceeding two years as may be specified in the order: Provided that if the Government are of opinion that in order to secure the proper management of the undertaking it is expedient that any such notified order should continue in force after the expiry of the period specified in that order, they may, from time to time, by notification in the Gazette, extend such period by not more than six months at a time, but no such notified order shall in any case remain in force for more than eleven years.

(1) On the issue of a notified order under section 3 appointing a Board of Control to take over the management of the undertaking,— (a) all persons in charge of the management of the Grandhasala Sangham, including the President, Vice-President, General Sectetary, Joint Secretaries and Treasurer and other members of the governing council, members of the executive committee and members of the district committees, and taluk union committees shall be deemed to have vacated their offices, as such; (b) the Board of Control shall alone be entitled, notwithstanding anything contained in any law for the time being in force, to exercise all the powers of the governing council, executive committee, districtive committees and taluk union committees; (c) as from the date of the notified order, the undertaking of the Grandhasala Sangham shall be deemed to be in the custody of the Board of Control who shall, as soon as may be after such date, take such steps as may be necessary to take into its possession or under its control all properties, assets and effects and all actionable claims comprised in the undertaking. (2) Subject to the other provisions contained in this Act and to the control of the Government, the Board of Control shall take such steps as may be necessary for the purpose of efficiently managing the affairs of the Grandhasala Sangham and shall exercise such other powers and have such other duties as may be prescribed.

Without prejudice to the provisions contained in section 4, the Board of Control may, with the previous approval of the Government, make an application to any court having jurisdiction in this behalf for the purpose of cancelling or varying any contract or agreement entered into at any time before the issue of the notified order under sub-section (1) of section 3, between the Grandhasala Sangham and any other person, and the court may, if satisfied after due enquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interest of the Grandhasala Sangham, make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) that contract or agreement, and the contract or agreement shall cease to have effect or, as the case may be, have effect subject to such variations.

Notwithstanding anything contained in any law for the time being in force, no person who ceases to hold any office by reason of the provisions contained in clause (a) of sub-section (1) of section 4 shall be entitled to any compensation for the loss of office: Provided that nothing contained in this section shall affect the right of any such person to recover from the Grandhasala Sangham moneys recoverable otherwise than by way of such compensation.

(1) Notwithstanding anything contained in the Kerala Non-Trading Companies Act, 1961 (42 of 196l), the Articles of Association of the Grandhasala Sangham shall stand suspended for the period during which the notified order under sub-section (1) of section 3 is in force. (2) Subject to the provisions contained in sub-section (1) and to the other provisions contained in this Act and subject to such exception, restrictions and limitations, if any, as the Government may, by notification in the Gazette, specify in this behalf, the Kerala Non-Trading Companies Act, 1961 (42 of 1961), shall continue to apply to the Grandhasala Sangham in the same manner as it applied thereto before the issue of the notified order under sub-section (1) of section 3.

(1) Every officer or other employee employed, immediately before the date of the notified order under sub-section (l) of section 3, in connection with the affairs of the undertaking shall, during the period in which such notified order is in force, hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to gratuity and other matters as he would have held under the Grandhasala Sangham if such notified order had not been issued. (2) Where the Grandhasala Sangham has established a provident, superannuation, welfare or any other fund for the benefit of its officers and other employees, such fund shall, with effect on and from the date of the notified order under sub-section (1) of section 3, stand transferred to, and vested in, the Board of Control.

If at any time it appears to the Government on the application of any member of the Grandhasala Sangham or otherwise that the purpose of the notified order under sub-section (1) of section 3 has been fulfilled or that for any other reason it is not necessary that the order should remain in force, the Government may, by notified order, cancel such order.