Attempt of take over of the FAMC

May 27, 2022 | Blog, Organisation & governance, Processes by-passed

The Secretary of The Auroville Foundation is trying to take over the FAMC (Funds and Assets Management Committee of Auroville). The FAMC is the group nominated by the Residents Assembly to take care of all matters related to funds and assets of Auroville.

Message addressed to the community by the FAMC:

“Dear Community,

we would like to inform you that in our last meeting with the Secretary of the Auroville Foundation on Friday, May 27, she informed us that the Ministry of Education, Auroville’s nodal Ministry, had agreed to remove from the Rules of the Auroville Foundation 1997 what she called ‘a typo’, namely the inclusion of the words “of the Residents’ Assembly” after the word “FAMC” in some sections of the Rules. In doing so, it would be incontestable that the FAMC is a committee constituted by the Governing Board. The Rules, as they are now, are confusing as the FAMC is defined as a committee constituted by the Governing Board; but certain sections of the Rules speak about ‘FAMC of the Residents’ Assembly.’

We have replied to the Secretary that we disagree with her interpretation that this is a ‘typo’ For almost immediately after receiving the Rules of the Auroville Foundation in 1997, the then Secretary of the Auroville Foundation, Mr. N. Bala Baskar, wrote to the Ministry of Human Resource Development with the request to rectify the error and change the definition of the FAMC into: “FAMC means the Funds and Assets Management Committee constituted by Residents’ Assembly under sub-section (3) of section 19 of the Auroville Foundation Act.” But this has not happened.

We have also given legal reasons why the position taken by the Secretary is, in our opinion, untenable. The Government of India is fully entitled to change the Rules of the Auroville Foundation as it may deem fit, in accordance with the Auroville Foundation Act. If our understanding of the Auroville Foundation Act is correct, such changed Rules will first need to be laid before each House of Parliament while it is in session for a period of thirty days – the Parliament may make changes – and afterwards be notified in the Gazette of India. We have informed the Secretary that we await the notification of the changed Rules of the Auroville Foundation in the Gazette of India.

To know more about Auroville organisation: https://standforaurovilleunity.com/auroville-organisation/

To read the Foundation Act 1988: https://standforaurovilleunity.com/wp-content/uploads/2021/12/AV-Foundation-Act-1988.pdf

To read the Rules of 1997: https://standforaurovilleunity.com/wp-content/uploads/2022/02/Foundation-act-1997-gazetted.pdf

The FAMC mandate: Famc-mandate-9_03_16