Auroville Foundation (Admission and Termination of persons in the Register of Residents) Regulations, 2019

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[To Be Published In the Gazette of India, Part-III, Section 4]

GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
DEPARTMENT OF HIGHER EDUCATION


NOTIFICATION


New Delhi, 11th March, 2019

In exercise of the powers conferred by clause (h) of sub-section (2) of section 32 of the Auroville Foundation Act, 1988 (54 of 1988), the Governing Board hereby makes the following regulations, namely:

1. Short title and commencement.

(1) These regulations may be called the Auroville Foundation (Admission and termination of Persons in the register of residents) Regulations, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.

(1) In these regulations, unless the context otherwise requires,
(a) "Act" means the Auroville Foundation Act, 1988 (54 of 1988);
(b) "Admission Committee" means the committee constituted by the Residents’ Assembly for carrying out the functions of the Residents’ Assembly relating to admission of persons to Auroville;
(c) "Appellate Committee" means the committee constituted by the Residents’ Assembly for considering appeals against the findings of the Termination Committee;
(d) "applicant" means a person who has applied for admission in the register of residents;
(e) "Charter" means the Charter of Auroville as proclaimed by the Mother on the 28th day of February 1968;
(f) "register" means Register of Residents of Auroville maintained under sub-section (1) of section 18 of the Act;
(g) "Resident" means a person whose name has been entered in the Register;
(h) "Termination Committee" means the committee constituted by the Residents’ Assembly for dealing with reports against residents and for carrying out the functions of the Residents’ Assembly related to the termination of persons in the register of residents;
(i) "Secretary" means the Secretary of the Auroville Foundation appointed by the Central Government under sub-section (1) of section 15 of the Act;
(2) All other words and expressions used herein and not defined but defined in the Act, and the Auroville Foundation Rules 1997, shall have the meanings respectively assigned to them in the said Act and rules.

3. Constitution of the Admission Committee.

(1) The Residents’ Assembly shall constitute an Admission Committee whose members shall be appointed directly by the Residents’ Assembly or by a committee constituted by it for this purpose.
(2) The Admission Committee shall consist of nine members, at least six of whom have been resident of Auroville for a minimum period of five years.
(3) The Residents’ Assembly or such other committee constituted by it for this purpose shall ensure that:-
(i) the ‘Admission Committee’ is composed of residents of different ages and nationalities and that there is a gender balance; and
(ii) the members are qualified for the assigned work as per mandate provided in regulation 4 and that they have the required communication and organisational skills.
(4) The members of the Admission Committee initially appointed, shall hold office for a full term of three years. Thereafter on expiration of every year, three members shall retire and three new members shall be appointed in their place on rotation, as per the decision of the Residents’ Assembly. Outgoing members shall be eligible for re-appointment after a lapse of two terms from the last one.
(5) The Residents’ Assembly, at any time, will have the right to remove any of the members of the Admission Committee and replace them with other persons as members if it considers that it is in the larger interest of the community of Auroville.
(6) Any vacancy arising in the Admission Committee either by way of resignation, expiry of term of office, or otherwise, shall be filled up by the Residents’ Assembly or by the committee constituted by it for the purpose.

4. Mandate of the Admission Committee.

(1) The Admission Committee will have the following mandate:
(i) to welcome, register and assist any applicant seeking admission to Auroville;
(ii) to accept or reject an applicant in accordance with these regulations;
(iii) where applicable, to request the Secretary to recommend an appropriate visa for an applicant and his/her descendants or wards;
(iv) to recommend to the Secretary that the name of an applicant may be entered in the register of residents.

5. Constitution of the Termination Committee.

(1) The Residents’ Assembly shall constitute a Termination Committee whose members shall be appointed directly by the Residents’ Assembly or by a committee constituted by it for the purpose.
(2) The Termination Committee will consist of nine members, at least six of whom have been resident in Auroville for more than five years.
(3) The Residents’ Assembly or such other committee constituted by it for the purpose shall ensure that:
(i) the Termination Committee is composed of residents of different ages and nationalities and that there is a gender balance; and
(ii) the members are qualified for the work to be done as per mandate given in regulation 6.
(4) The members of the Termination Committee initially appointed, shall hold office for a full term of three years. Thereafter on expiration of every year, three members shall retire and three new members shall be appointed in their place on rotation, as per the decision of the Residents’ Assembly. Outgoing members shall be eligible for re-appointment after a lapse of two terms from the last one.
(5) The Residents’ Assembly shall have the right to remove any of the members and replace them with other persons as members if it considers that it is in the larger interests of the community of Auroville.
(6) Any vacancy arising either by way of resignation, expiry of term of office, or otherwise, shall be filled up by the Residents’ Assembly or by the committee constituted by it for the purpose.

6. Mandate of the Termination Committee.

(1) The Termination Committee will have the following mandate, namely:
(i) to conduct an enquiry upon receiving a report or request from the Working Committee or from at least sixty residents, that a resident’s behaviour is incompatible with Auroville’s ideals or the laws of India or that a resident is not engaged in any community work or meaningful activity relevant to the life and growth of Auroville; and
(ii) to examine whether the name of a resident should be removed from the register of residents, in cases where the resident has not been residing in Auroville for a consecutive period of three years.

7. Powers of the Termination Committee.

(1) The Termination Committee shall have the powers to:
(i) reject a report recommending termination of a resident, following due process;
(ii) issue a public warning or censure to a resident;
(iii) decide that a resident should compensate for loss or damage caused by him/her as assessed by the Termination Committee;
(iv) issue, direction, if required, that a resident is examined by a qualified psychiatrist / psychologist, as the case may be, registered in India for obtaining an opinion of the resident’s condition and the treatment required;
(v) decide that a resident has to leave Auroville permanently or for a certain period of time, and determine the period within which that resident has to leave Auroville;
(vi) recommend to the Working Committee that the name of a resident or residents, as the case may be, to be removed from the register.

8. Procedure and Process of the Termination Committee.

(1) The Termination Committee shall dispose of all reports and requests received by it as expeditiously as possible and in each case, the proceedings shall be concluded within a period of six months from the date of receipt of the request by the Termination Committee.
(2) The Termination Committee shall ensure that due opportunity is given to the resident to submit any declaration or written explanation as also to the working groups and persons making the report or request, before giving its finding.
(3) The Termination Committee, while examining the cases for removal of the name of a resident who has not been residing in Auroville for a consecutive period of three years from the register of residents, shall give due opportunity to the resident to offer justification or explanation in writing.
(4) The Proceedings of the Termination Committee shall be documented in writing and maintained on record for reference at all times.

9. Admission into the register of residents.

(1) A person shall be qualified to have his or her name entered in the register if such person fulfills the following conditions, namely:
(i) if the person has completed the age of eighteen years;
(ii) if such person has faith in and devotion and commitment to the Charter of Auroville and the aims and ideals as enunciated by the Mother and undertakes by way of signing the statement in Form-I appended to these regulations; and
(iii) if such person has been accepted by the Admission Committee as a resident, after due process.

10. Authority to whom applications for admission may be made.

(1) An application for Admission in the register shall be made as per the Auroville Foundation Rules, 1997, as amended from time to time, to the Secretary enclosing the following documents, namely:
(i) Certificate of Nationality / Passport issued by the country where the applicant is domiciled at the time of making the application; Provided that in the case of Indians, the birth certificate or any such other proof shall suffice;
(ii) signed statement in Form-I appended to these regulations; and
(iii) Recommendation of the Admission Committee that the name of the applicant be entered in the register.

11. Removal of Names from the register of residents.

(1) The name of a resident shall be removed from the register provided at the request of the Termination Committee on the following grounds, namely:
(i) if it is found that the name has been entered by fraud, misrepresentation or by suppression of material information;
(ii) if the person has been found convicted for guilty of a criminal offence by a Court in India.;
(iii) upon the recommendation of the Working Committee, based on the findings of the Termination Committee;
(2) The Secretary shall send communication of such removal to the resident to the address as entered in the register.

12. Appeal.

(1) An appeal against a decision of the Termination Committee may be filed to the Working Committee by the person directly affected by the decision of the Termination Committee.
(2) The appeal shall be submitted in writing duly signed by the appellant.

13. Period of limitation of appeals.

No appeal shall be entertained unless such appeal is received by the Working Committee within a period of thirty days from the date of the decision of the Termination Committee.

14. Consideration of appeal.

(1) The Working Committee shall refer all appeals received within the prescribed period to the Appellate Committee constituted in the manner specified below:
(i) The Appellate Committee, to consider appeals under these regulations and any other matter as may be decided by the Residents’ assembly, shall consist of three residents nominated by the Residents’ Assembly and two members of the Governing Board nominated by the Chairman of the Governing Board;
(ii) The Appellate Committee shall review the findings of the Termination Committee based on the documents available on record. During the review, no personal hearing shall be granted to the appellant;
(iii) The tenure of the Appellate Committee so constituted shall be co-terminus with the term of the Governing Board;
(iv) Secretary shall convene the meeting with the Appellate Committee in person or by circulation.
(2) Pending the proceedings of the Appellate Committee, the decision of the Termination Committee shall be kept in abeyance.
(3) The Appellate Committee shall decide an appeal within thirty days from the day an appeal is referred to it.
(4) Appellate Committee may decide appeals referred to it by circulation via electronic mode to members stationed outside Auroville or in a meeting, provided at least four members of the Appellate Committee participate in such decision-making process.
(5) The decision of the Appellate Committee to confirm or revoke the decision of the Termination Committee shall be final and binding.

15. Implementation of orders in appeal.

The Secretary shall give effect to the decision of the Appellate Committee.

16. No application for re-admission.

No application for re-admission of a name removed from the register shall be entertained for a period of three years, except in cases, where the Termination Committee has decided that a resident has to leave Auroville for a shorter period, in which case the application for re-admission may be made after the expiry of that shorter period.

17. Saving clause.

All persons whose names have been entered in the register on the date of coming into force of these Regulations shall be deemed to have been duly entered in the register and shall be subject to the provisions of these regulations in all other matters except in the matters of initial admission.




FORM-I
The Statement [See regulation 9 (ii) and 10(ii)]

I, __________________,
aged about ….. years, S/W/D/o__________________,
national of ____________________________________
for the present domiciled at ___________________________________________________________,
do hereby affirm and state that I have read and understood the Charter of Auroville and fully subscribe to the following principles upon which Auroville is founded:

(1) Auroville is an experiment, based on the ideals and vision of Sri Aurobindo and The Mother. Integral Yoga is a stepping stone towards an evolutionary future. Messages of The Mother about Auroville, such as “The Charter of Auroville”, “The Dream”, and “To Be A True Aurovilian”, contain guiding steps towards the realization of these ideals. As part of Integral Yoga, all forms of connecting with the Divine are allowed as means for personal growth. No particular religion or sectarian beliefs are collectively encouraged. The propagation of any religious or sectarian beliefs is not permissible.

(2) Auroville is a place for manifesting Human Unity. Any discrimination, social, political, Geographical, economic or racial, is not acceptable. Residents shall abstain from active involvement in Indian or international politics.

(3) Auroville is aspiring to be a universal cultural township and is subject to the laws of India. Residents undertake to abide by the laws of India. Auroville is located in Tamil Nadu, which has a unique heritage. Residents shall respect the cultural values and avoid any form of disrespect towards local people, customs, traditions and social order.

(4) To ensure the development of Auroville in accordance with its Charter, it has enacted the Auroville Foundation Act, 1988 and created the Auroville Foundation, an autonomous statutory body.

(5) No ownership of property is a respected collective value in Auroville. All immovable assets are owned by the Auroville Foundation which holds them in trust for humanity as a whole. Residents undertake not to own any immovable assets in the City area of the Auroville Master Plan. Ownership of immovable assets in the Green Belt Area of the Auroville Master Plan is only allowed with written permission of the Auroville Foundation.

(6) Auroville is contributing towards building a collective prosperity for all the members irrespective of the type of work one is engaged in. Everyone endeavors to build an economy based on generosity and sharing. All works and efforts as a member of Auroville’s collective life are directed towards building a shared economy for the “city the earth needs”. Residents shall refrain from participating in activities solely benefiting personal interests, institutions or family members outside Auroville.


By signing this Statement, I agree to unending education in the values of Auroville and to manifest them in my life in Auroville with full faith and devotion and commitment to the aims and ideals of Auroville and undertake to respect and strictly abide by the Charter of Auroville which forms the aforementioned founding principles of Auroville.

To the best of my knowledge and belief, I have not done anything so as to incur any disqualification for being admitted as a resident of Auroville and affirm that my declaration herein in this respect is true.

Date:…………………………………………………………………
Name of applicant……………………………………………
Place: Auroville
Signature:


(Name……………………………………………….)
Designation of the person Authorised to issue this notification from the Foundation




See also