41. (1) The Central Government may, after previous publication, by notification make
rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:—
(a) the form and manner in which the State Government shall submit proposal to
the Central Government under sub-section (2) of section 11;
(b) the investment proposal of capital in establishment of the Institute and the
respective shares under sub-section (7) of section 11;
(c) the travelling and other allowances payable to members of the Co-ordination
Forum under sub-section (4) of section 39;
(d) the procedure to be followed in the meetings of the Co-ordination Forum
under sub-section (4) of section 40.
42. No act of the Co-ordination Forum, or any Institute or Board or Senate or any
other body set up under this Act or the Statutes, shall be invalid merely by reason of—
(a) any vacancy or defect in the constitution thereof; or
(b) any irregularity in its procedure not affecting the merits of the case; or
(c) any defect in the selection, nomination or appointment of a person acting as
a member thereof.
43. (1) The Institute shall furnish to the Central Government such returns or other
information with respect to its policies or activities as the Central Government may, for
the purpose of reporting to Parliament or for the making of policy, from time to time require.
(2) The Institute, shall furnish to the State Government in which such Institute is
located, such returns or other information with respect to its policies or activities as that
Government may, for the purpose of reporting to the concerned State Legislature or for
the making of policy, from time to time require.
44. The Institute shall carry out such directions as may be issued to it from time to
time by the Central Government for the efficient administration of this Act.
45. The provisions of the Right to Information Act, 2005 shall apply to each Institute,
as if it were a public authority defined in clause (h) of section 2 of the Right to Information
Act, 2005.
46. Notwithstanding anything contained in this Act—
(1) (a) the Board of every Institute functioning as such immediately before the
commencement of this Act shall continue to function until a new Board is constituted
for that Institute under this Act, but on the constitution of a new Board under this Act,
the members of the Board holding office before such commencement of this Act shall
cease to hold office;
(b) every Senate constituted in relation to every Institute before the
commencement of this Act shall be deemed to be the Senate constituted under this Act
until a Senate is constituted under this Act for that Institute, but on the constitution of
the new Senate under this Act, the members of the Senate holding office before the
commencement of this Act shall cease to hold office;
Power to
make rules.
Acts and
proceedings
not to be
invalidated by
vacancies, etc.
Returns and
information to
be provided to
Central
Government or
State
Government.
Power of
Central
Government to
issue
directions.
Transitional
provisions.
Institute to be 22 of 2005.
public
authority under
Right to
Information
Act.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19
(c) rules, bye-laws and Ordinances of each existing Institute as in force,
immediately, before the commencement of this Act, shall continue to apply in the
corresponding institute in so far as they are not inconsistent with the provisions of
this Act, until the first Statutes and Ordinances are made under this Act;
(d) in case there are no such rules, bye-laws or Ordinances, the Statutes,
Ordinances, rules and regulations of one of the existing centrally funded Indian
Institutes of Information Technology as adopted by the Board of the concerned Institute,
shall apply to the Institute in so far as they are not inconsistent with the provisions of
the Act until the first Statutes and the Ordinances are made under this Act.
(2) The Central Government may, without prejudice to the provisions of
sub-section (1), if it considers necessary and expedient to do so, by notification, take
such measures which may be necessary for the transfer of the existing Institute to the
corresponding Institute mentioned under column (5) of the Schedule.
47. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions or give
such directions not inconsistent with the provisions of this Act, as appears to it to be
necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the
period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
48. Every rule, Statute, Ordinance made, and every notification issued, by the Central
Government under this Act, shall be laid, as soon as may be after it is made or issued,
before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule, Statute,
Ordinance or notification or both Houses agree that the rule, Statute, Ordinance or notification
should not be made or issued, the rule, Statute, Ordinance or notification shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule, Statute, Ordinance or notification