Bare Acts

CHAPTER VI MISCELLANEOUS


36. Acts and proceedings not to be invalidate by vacancies, etc.—No act of the Council, or any
Institute, or Board, or Senate or any other Committee set up under this Act or the Statutes shall be invalid
merely by reason of—
(a) any vacancy in, or defect in, the constitution thereof; or
(b) any defect in the nomination or appointment of a person acting as member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
37. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Chairperson or Members of the Board, Senate or Council or any officer or employee of the
Institute for anything which is in good faith done or intended to be done in pursuance of the provisions of
this Act, the Statutes or the Ordinances.
38. Power to make rules.—(1) The Central Government may, by notification, make rules to carry
out the provisions of this Act.
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(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 manner of filling up the vacancy under sub-section (4) of section 29;
(b) the circumstances and the manner in which a member of the Council may be removed from
his office under sub-section (8) of section 29;
(c) the other functions of the Council under clause (f) of sub-section (2) of section 30;
(d) the time and place of meeting of the Council, its quorum and the procedure for conducting
business therein under section 31;
(e) the form and manner in which the annual statement of accounts including the balance sheet
shall be prepared under sub-section (1) of section 34; and
(f) any other matter which is required to be, or may be, prescribed.
39. Rules, Statutes and Ordinances to be published in Official Gazette and to be laid before
Parliament.—(1) Every rule, every Statute and every Ordinance made under this Act shall be published
in the Official Gazette.
(2) Every rule, every Statute and every Ordinance made 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, Statute or Ordinance or both Houses agree that the rule, Statute or
Ordinance should not be made, the rule, Statute or Ordinance 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
or Ordinance.
40. Power to remove difficulties.—(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 order shall be made under this section after the expiry 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.
41. Transitional provisions.—Notwithstanding anything contained in this Act,—
(a) the Board of Governors of an 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 existing
Board holding office before such constitution shall cease to hold office;
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(b) until the first Statutes and Ordinances are made under this Act, the Statutes and Ordinances of
the existing Institutes, as in force immediately before the commencement of this Act, shall continue to
apply to the corresponding Institutes in so far as they are not inconsistent with the provisions of this
Act.

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