31. No act of any Institute or the Board or the Academic Council or any other body
set-up under this Act or the regulations, 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.
Functions of
Coordination
Forum.
Acts and
proceedings
not to be
invalidated by
vacancies,
etc.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
32. Every 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 the Parliament or for the making of policy, from time to time,
require.
33. (1) The provisions of the Right to Information Act, 2005 shall apply to each Institute,
including Institutes established in public-private partnership, as if it were a public authority
established by notification issued or order made under clause (h) of section 2 of the Right to
Information Act, 2005.
(2) A copy of every notification proposed to be issued or order to be made under the Act
referred to in sub-section (1), shall be laid in draft 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 disapproving the issue of
the notification or order or both Houses agree in making any modification in the notification or
order, the notification or order shall not be issued or made, as the case may be, shall be issued
or made only in such modified form as may be agreed upon by both the Houses.
34. (1) The Central Government may, 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) such other powers and duties of the Board under clause (w) of sub-section (2)
of section 11;
(b) the term and conditions of service of the Director under sub-section (2) of
section 16;
(c) the travelling and such other allowances payable to the members of the Coordination
Forum for attending its meetings or its Committees under sub-section (4) of section 29;
(d) any other matter which is to be or may be, prescribed or in respect of which
provision is to be made by the Central Government by rules.
35. (1) The Board may, by notification, make regulations not inconsistent with this Act
and the rules made thereunder to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:—
(a) tenure, remuneration and terms and conditions of employees of existing
Institute under clause (d) of section 5;
(b) admission of candidates to the various courses of study under clause (b) of
section 7;
(c) the manner of nominating the members from the faculty of respective Institutes
under clause (e) of sub-section (2) of section 10;
(d) the conferment of honorary degrees under clause (g) of sub-section (2) of
section 11;
(e) the number of posts, emoluments and the duties and conditions of service of
the academic, administrative, technical and other staff under clause (j) of sub-section (2)
of section 11;
(f) determine performance objectives on the basis of which variable pay may be
paid to the Director under clause (i) of sub-section (2) of section 11;
(g) to specify by regulations, the fees to be charged for course of study and
examinations in the Institute under clause (m) of sub-section (2) of section 11;
Returns and
information
to be provided
to Central
Government.
Institute to be
public
authority
under Right to
Information
Act.
Power of
Central
Government
to make rules.
Power to
make
regulations.
22 of 2005.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
(h) the manner of formation of Departments of teaching under clause (n) of
sub-section (2) of section 11;
(i) the institution of fellowships, scholarships, exhibitions, medals and prizes
under clause (o) of sub-section (2) of section 11;
(j) the qualifications, classification, terms of office and method of appointment
of the academic, administrative, technical and other staff of the Institute under
clause (p) of sub-section (2) of section 11;
(k) the constitution of pension, insurance and provident funds for the benefit of the
academic, administrative, technical and other staff under clause (q ) of sub-section (2) of
section 11;
(l) the establishment and maintenance of buildings under clause (r) of
sub-section (2) of section 11;
(m) the conditions of residence of students of the Institute and levying of fees
for residence in the halls and hostels and of other charges under clause (s) of
sub-section (2) of section 11;
(n) the manner of authentication of the orders and decisions of the Board under
clause (t) of sub-section (2) of section 11;
(o) the meetings of the Board, the Academic Council or any Committee, the
quorum at such meetings and the procedure to be followed in the conduct of their
business under clause (u) of sub-section (2) of section 11;
(p) the financial accountability of the Institute under clause (v) of sub-section (2)
of section 11;
(q) delegate such powers and functions of the Board to the Director under
sub-section (3) of section 11;
(r) the qualifications, experience and the manner of selection of the independent
agency or group of experts under sub-section (5) of section 11;
(s) allowances of the members of the Board for attending meetings under
sub-section (6) of section 12;
(t) such other powers and functions of the Academic Council under sub-section (2)
of section 15;
(u) the powers and duties of the Director under sub-section (4) of section 16;
(v) constitution of such committees and other authorities of the Institute and
their duties and functions under sub-section (1) of section 20;
(w) the manner of depositing or investing the moneys credited to the Fund of
every Institute under sub-section (2) of section 21;
(x) the manner of application of the Fund of the Institute under sub-section (4)
of section 21; and
(y) any other matter which is to be or may be, specified by regulations.
36. (1) Save as otherwise provided in this section, Ordinance shall be made by the
Academic Council.
(2) Subject to the provisions of this Act and the rules and regulations made thereunder,
the Ordinances of every Institute may provide for all or any of the following matters, namely:—
(a) the admission of students to the Institute;
Ordinances
how made.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) the courses of study to be laid down for all degrees and diplomas of the
Institute;
(c) the conditions under which students shall be admitted to the degree or
diploma courses and to the examinations of the Institute, and shall be eligible for
degrees and diplomas;
(d) the conditions of award of the fellowships, scholarships, exhibitions, medals
and prizes;
(e) the conditions and model of appointment and duties of examining bodies,
examiners and moderators;
(f) the conduct of examinations;
(g) the maintenance of discipline among the students of the Institute; and
(h) any other matter which is to be or may be provided for by the Ordinances.
(3) All Ordinances made by the Academic Council shall have effect from such date as
it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the
Board and shall be considered by the Board at its next meeting.
(4) The Board shall have power by resolution to modify or cancel any such Ordinance
and such Ordinance shall from the date of such resolution stand modified accordingly or
cancelled, as the case may be.
37. Every rule made by the Central Government and the first regulation made by the
Board under this Act shall be laid, as soon as may be after it is made, 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 or regulation or both Houses agree that the rule or
regulation shall not be made, the rule or regulation 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 or regulation.
38. (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 not
inconsistent with the provisions of this Act, as may appear 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, as soon as may be after it is made, be laid
before each House of Parliament.
39. (1) Notwithstanding anything contained in this Act:—
(a) the Board of every Institute functioning as such immediately before the
commencement of this Act shall continue to so 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 constitution shall cease to hold
office;
(b) every Academic Council or Faculty Council, as the case may be, constituted
in relation to every Institute before the commencement of this Act shall be deemed to
be the Academic Council constituted under this Act until an Academic Council is
constituted under this Act for that Institute, but on the constitution of the new Academic
Council under this Act, the members of the Academic Council or Faculty Council, as
the case may be, holding office before such constitution shall cease to hold office;
Rules and
regulations to
be laid before
Parliament.
Power to
remove
difficulties.
Transitional
provisions.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17
(c) until the first regulations are made under this Act, the rules, and bye-laws of
each Institute as in force, immediately before the commencement of this Act shall
continue to apply to the Institute in so far as they are not inconsistent with the
provisions of this Act.
(2) The Central Government may, without prejudice to the provisions of this Act, if it
considers so necessary and expedient, by notification, take such measures, which may be
necessary for the smooth transfer of the existing Institute to the corresponding Institute.