Document Fragment View

Matching Fragments

viii) Any alteration or extension of the purposes of the Society requires previous concurrence of the Government (Rule 60).
ix) Sanction of the Government of India is required to be obtained before the Rules and Regulations of the Trust or any amendment to them is brought into force (Rule 62).

27. Learned counsel for the respondent has tried to play down the role of the Government by submitting that it is confined to the proper utilization of the grant. This argument stands negatived by the provisions of the Memorandum of Association and Rules highlighted above. No doubt, every autonomous body with some kind of Government involvement cannot be construed to be „State‟ within the meaning of Article 12 of the Constitution. However, when we find that NBT is within the tight grip of the Government and the control of the Government runs through at every stage right from the creation of the NBT, to the appointment of the members, to the fundings, to the appointment of various functionaries, to the controlling of the functioning through those appointed members and also through means of audit, etc. and further that the parameters within which NBT is to function, and even when the amendments are to be carried out, there cannot be any other conclusion but to say that it is an altar ego of the Government‟s instrumentality.