38. Acts and proceedings not to be invalidated by vacancies, etc.—No act of the Council, or
any School 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 defect in the election, nomination or appointment of a person acting as a Member
thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.
39. Returns and information to be provided to Central Government.—Each School 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.
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 such order shall be made after the expiry of a period of two years from the date
on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be, after it is made, be laid before
each House of Parliament.
41. School to be public authority under Right to Information Act, 2005.—The provisions of
the Right to Information Act, 2005 (22 of 2005) shall apply to each School, as if it were a public
authority defined in clause (h) of section 2 of the Right to Information Act, 2005.
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42. Transitional provisions.—Notwithstanding anything contained in this Act—
(a) the Board of Governors of every School functioning as such immediately before the
commencement of this Act shall continue to so function until a new Board is constituted for that
School under this Act, but on the constitution of a new Board under this Act, the Members of the
Board holding office before the constitution shall cease to hold office;
(b) every Academic Council constituted in relation to every School 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 School but on the constitution of the new Senate under this Act, the
Members of the Academic Council holding office before such constitution shall cease to hold
office;
(c) the Board of Governors, Finance Committee, Academic Council, Executive Council,
Building and Works Committee and such other Committees of every School functioning as such
immediately before the commencement of this Act shall continue to so function until a new Board
is constituted for the School under this Act, but on the constitution of a new Board under this Act,
the Members of the Board of Governors, Finance Committee, Academic Council, Building and
Works Committee and such other Committees holding office before such constitution shall cease
to hold office;
(d) any student who joined classes of the existing School on or after the academic year 2008-
2009 or completed the course on or after the academic year 2011-2012 shall for the purpose of
clause (c) of sub-section (1) of section 7, be deemed to have pursued a course of study in the
existing Schools located at Bhopal and Vijayawada only if such student has not already been
awarded degree or diploma for the same course of study.