36. Acts and proceedings not to be invalidated by vacancies.—No act of the Council, 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 in, 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.
37. Power to remove difficulties.—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 provision or
give such direction not inconsistent with the purposes of this Act, as appears to it to be necessary or
expedient for removing the difficulty.
38. 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 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)
1
[the Staff Committee constituted in relation to the College of Engineering and Technology,
Delhi and any Academic Council constituted in relation to any other 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;
(c) until the first Statutes and the Ordinances are made under this Act, the Statutes and
Ordinances of the Indian Institute of Technology, kharagpur as in force immediately before the
commencement of this Act shall continue to apply to that Institute and shall, with the necessary
modifications and adaptations, also apply to any other Institute, in so far as they are not inconsistent
with the provisions of this Act;
2
[(d) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology,
Guwahati are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology,
Kharagpur as in force immediately before the commencement of the Institutes of Technology
(Amendment) Act, 1994 (35 of 1994) shall apply to the Indian Institute of Technology, Guwahati
with the necessary modification and adaptations in so far as they are not inconsistent with the
provisions of this Act.
3
[(e) the Syndicate of the University of Roorkee functioning as such immediately before the
commencement of this Act shall continue to so function until a new Board is constituted for the
Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Board under
this Act, the members of the Syndicate holding office before such constitution shall cease to hold
office;
(f) the Academic Council of the University of Roorkee functioning as such immediately before
the commencement of this Act shall continue to so function until a new Senate is constituted for the
Indian Institute of Technology, Roorkee under this Act, but on the constitution of a new Senate under
this Act, the members of the Academic Council holding office before such constitution shall cease to
hold office;
(g) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology,
Roorkee are made under this Act, the Statutes and Ordinances of the Indian Institute of Technology,
Bombay as in force immediately before the commencement of the Institutes of Technology
(Amendment) Act, 2002 shall apply to the Indian Institute of Technology, Roorkee with the necessary
modifications and adaptations in so far as they are not inconsistent with the provisions of this Act;
1. Subs. by Act 29 of 1963, s. 6, for “any Academic Council constituted in relation to any Institute” (w.e.f. 13-9-1963).
2. Added by Act 35 of 1994, s. 6 (w.e.f. 1-9-1994).
3. Ins. by s. 6, ibid. (w.e.f. 21-9-2001).
18
(h) notwithstanding anything contained in the Institutes of Technology (Amendment)
Act, 2002 (16 of 2002), any student who joined classes of the University of Roorkee on or after the
commencement of 1994-95 academic session shall, for the purpose of clause (b) of sub-section (1) of
section 6, be deemed to have pursued a course of study in the Indian Institute of Technology, Roorkee
provided that such student has not already been awarded degree or diploma for the same course of
study;
(i) if any difficulty arises in giving effect to the provisions of the Institutes of Technology
(Amendment) Act, 2002 (16 of 2002), 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 be necessary for removing the difficulty:
Provided that no order shall be made under this clause after the expiry of two years from the
commencement of the Institutes of Technology (Amendment) Act, 2002 (16 of 2002):
Provided further that every order made under this clause shall be laid, as soon as may be after it is
made, before each House of Parliament.]
1
[(j) until the first Statutes and Ordinances in relation to the Indian Institute of Technology,
Bhubaneswar, the Indian Institute of Technology, Gandhinagar, the Indian Institute of Technology,
Hyderabad, the Indian Institute of Technology, Indore, the Indian Institute of Technology, Jodhpur,
the Indian Institute of Technology, Mandi, the Indian Institute of Technology, Patna and the Indian
Institute of Technology, Ropar are made under this Act, the Statutes and Ordinances of such Institute,
as in force immediately before the commencement of the Institutes of Technology (Amendment)
Act, 2012 (34 of 2012), shall apply to those Institutes with necessary modifications and adaptations in
so far as they are not inconsistent with the provisions of this Act;
(k) the Executive Council, referred to in clause (d) of section 2 of the Banaras Hindu University
Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes
of Technology (Amendment) Act, 2012 (34 of 2012), shall continue to so function until a new Board
is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this
Act, but on the constitution of a new Board under this Act, the Executive Council of the Banaras
Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu
University), Varanasi is concerned;
(l) the Academic Council, referred to in clause (a) of section 2 of the Banaras Hindu University
Act, 1915 (16 of 1915), functioning as such immediately before the commencement of the Institutes
of Technology (Amendment) Act, 2012 (34 of 2012) shall continue to so function until a new Senate
is constituted for the Indian Institute of Technology (Banaras Hindu University), Varanasi under this
Act, but on the constitution of a new Senate under this Act, the Academic Council of the Banaras
Hindu University shall cease to function so far as the Indian Institute of Technology (Banaras Hindu
University), Varanasi;
(m) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology
(Banaras Hindu University), Varanasi are made under this Act, the Statutes and Ordinances as are
applicable to the Indian Institute of Technology, Kanpur immediately before the commencement of
the Institutes of Technology (Amendment) Act, 2012, shall apply to the Indian Institute of
Technology (Banaras Hindu University), Varanasi with the necessary modifications and adaptations
in so far as they are not inconsistent with the provisions of this Act;
(n) notwithstanding anything contained in the Institutes of Technology (Amendment)
Act, 2012 (34 of 2012), any student who joined classes of the Institute of Technology, Banaras Hindu
University on or after the commencement of 2006-2007 academic session or completed the courses
on or after 2009-2010 academic session shall for the purpose of clause (b) of sub-section (1) of
section 6, be deemed to have pursued a course of study in the Indian Institute of Technology (Banaras
Hindu University), Varanasi provided that such student has not already been awarded degree or
diploma for the same course of study;
1. Ins. by Act 34 of 2012, s. 10 (w.e.f. 29-6-2012).
19
(o) if any difficulty arises in giving effect to the provisions of the Institutes of Technology
(Amendment) Act, 2012 (34 of 2012), 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 be necessary for removing the difficulty:
Provided that no order shall be made under this clause after the expiry of two years from the
commencement of the Institutes of Technology (Amendment) Act, 2012:
Provided further that every order made under this clause shall be laid, as soon as may be after it is
made, before each House of Parliament.]
1
[(p) until the first Statutes and Ordinances in relation to the Indian Institute of Technology,
Tirupati, the Indian Institute of Technology, Palakkad, the Indian Institute of Technology, Goa, the
Indian Institute of Technology, Dharward, the Indian Institute of Technology, Bhilai, the Indian
Institute of Technology, Jammu, are made under this Act, the Statutes and Ordinances of such
Institutes, as in force immediately before the commencement of the Institutes of Technology
(Amendment) Act, 2016 (41 of 2016), shall apply to those Institutes with necessary modifications and
adaptations in so far as they are not inconsistent with the provisions of this Act;
(q) the Executive Board, referred to in Rule 7 of the Rules and Regulations of the Indian School
of Mines, Dhanbad, functioning as such immediately before the commencement of the Institutes of
Technology (Amendment) Act, 2016 (41 of 2016), shall continue to so function until a new Board is
constituted for the Indian Institute of Technology (Indian School of Mines), Dhanbad, under this Act,
but on the constitution of a new Board under this Act, the Executive Board of the Indian School of
Mines, Dhanbad shall cease to function so far as the Indian Institute of Technology (Indian School of
Mines), Dhanbad is concerned;
(r) the Academic Council, referred to in Rule 9 of the Rules and Regulations of the Indian School
of Mines, Dhanbad, functioning as such immediately before the commencement of the Institutes of
Technology (Amendment) Act, 2016 (41 of 2016) shall continue to so function until a new Senate is
constituted for the Indian Institute of Technology (Indian School of Mines), Dhanbad under this Act,
but on the constitution of a new Senate under this Act, the Academic Council of the Indian School of
Mines, Dhanbad shall cease to function so far as the Indian Institute of Technology (Indian School of
Mines), Dhanbad;
(s) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology
(Indian School of Mines), Dhanbad are made under this Act, the Statutes and Ordinances as are
applicable to the Indian Institute of Technology, Roorkee immediately before the commencement of
the Institutes of Technology (Amendment) Act, 2016 (41 of 2016), shall apply to the Indian Institute
of Technology (Indian School of Mines), Dhanbad, with the necessary modifications and adaptations
in so far as they are not inconsistent with the provisions of this Act;
(t) notwithstanding anything contained in the Institutes of Technology (Amendment) Act, 2016,
any student who joined classes of the Indian School of Mines, Dhanbad on or after the
commencement of 2015-2016 academic session or completed the courses on or after 2015-2016
academic session shall for the purpose of clause (b) of sub-section (1) of section 6, be deemed to have
pursued a course of study in the Indian Institute of Technology (Indian School of Mines), Dhanbad
provided that such student has not already been awarded degree or diploma for the same course of
study;
(u) if any difficulty arises in giving effect to the provisions of the Institutes of Technology
(Amendment) Act, 2016 (41 of 2016), 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 be necessary for removing the difficulty:
Provided that no order shall be made under this clause after the expiry of two years from the
commencement of the Institutes of Technology (Amendment) Act, 2016 (41 of 2016):
1. The words in brackets shall stand inserted (date to be notified) by Act 41 of 2016, s. 6.
20
Provided further that every order made under this clause shall be laid, as soon as may be after it is
made, before each House of Parliament.]
1
[Explanation. 1]—The reference in clause (a) of this section to the commencement of this Act
shall be construted in relation to the Indian Institute of Technology, Guwahati as the reference to the
date on which the provisions of the institutes of Technology (Amendment) Act, 1994 (35 of 1994)
come into force.]
2
[Explanation 2.—The reference in clauses (e) and (f) of this section to the commencement of this
Act shall be construed in relation to the Indian Institute of Technology, Roorkee as the reference to
the date on which the provisions of the Institutes of Technology (Amendment) Act, 2002 come into
force.]
3
[Explanation 3.—The reference in clauses (k), (l) and (m) of this section to the commencement
of this Act shall be construed in relation to the Indian Institute of Technology (Banaras Hindu
University), Varanasi, as the reference to the date on which the provisions of the Institutes of
Technology (Amendment) Act, 2012 (34 of 2012) come into force.]
4
[Explanation 4.—The reference in clauses (q), (r) and (s) of this section to the commencement of
this Act shall be construed in relation to the Indian Institute of Technology (Indian School of Mines),
Dhanbad, as the reference to the date on which the provisions of the Institutes of Technology
(Amendment) Act, 2016 come into force.]
39. Repeal and savings.—(1) The Indian Institute of Technology (Kharagpur) Act, 1956 (5 of 1956)
is hereby repealed.
(2) Notwithstanding such repeal, the provisions of the said Act set out in the Schedule shall continue
to have effect:
Provided that in the said provisions, the expression “this Act” means the said provisions.