33. Acts and proceedings not to be invalidated by vacancies, etc.—No act of 1
[any Institute] or
Governing Council or Senate or any other authority, 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.
34. Sponsored schemes.—Notwithstanding anything contained in this Act, whenever 2
[an Institute
receives] funds from any Government, the University Grants Commission or any other agency including
industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a Chaired
Professorship or a scholarship, etc., to be executed or endowed at the Institute,—
(a) the amount received shall be kept by the Institute separately from the Fund of the Institute and
utilised only for that purpose; and
(b) the staff required to execute the same shall be recruited in accordance with the terms and
conditions stipulated by the sponsoring organisations:
Provided that any money remaining unutilised shall be transferred to the Endowment Fund set up
under section 24 of this Act.
35. Power of Institute to grant degrees, etc.—3
[Every Institute] shall have the power to grant
degrees, diplomas, certificates and other academic distinctions under this Act, which shall be equivalent
to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any
University or Institute established or incorporated under any other law for the time being in force.
36. Powers of Central Government to issue directions.—The Central Government may give such
directions as it may deem necessary 4
[to any Institute] for effective administration of this Act and the
Institute shall comply with such directions.
37. Institute 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 5
[every Institute], as if it were a public
authority as defined in clause (h) of section 2 of the Right to Information Act, 2005.
38. Power of Central Government to make rules.—(1) The Central Government may, by
notification, make rules to carry out the purposes 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:—
1. Subs. by Act 38 of 2019, s. 27, for ―the Institute‖ (w.e.f. 13-1-2020).
2. Subs. by s. 28, ibid., for ―the Institute receives‖ (w.e.f. 13-1-2020).
3. Subs. by s. 29, ibid., for ―The Institute‖ (w.e.f. 13-1-2020).
4. Subs. by s. 30, ibid., for ―to the Institute‖ (w.e.f. 13-1-2020).
5. Subs. by s. 31, ibid., for ―the Institute‖ (w.e.f. 13-1-2020).
14
(a) the manner of appointment of the Director and terms and conditions of his service under
sub-section (1) of section 18;
(b) the form and the manner in which the books of account of the Institute shall be maintained
under sub-section (1) of section 25;
(c) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government 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 both Houses agree that the rule should not be made, the rule 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.
39. Transitional provisions.—Notwithstanding anything contained in this Act––
(a) the 1
[Governing Council of an Institute] functioning as such, immediately before the
commencement of this Act, shall continue to so function until a new Governing Council is constituted
for the Institute under this Act, but on the constitution of a new Governing Council under this Act, the
members of the Governing Council holding office before such constitution shall cease to hold office;
(b) the Policy and Planning Committee of the Society, functioning as such before the
commencement of this Act, shall be deemed to be the Senate constituted under this Act and continue
to so function until a new Senate is constituted for the Institute under this Act;
(c) until the first Statutes and Ordinances are made under this Act, the rules and regulations,
instructions, guidelines and bye-laws of the Society, in force immediately before the commencement
of this Act, shall continue to apply to the Institute and Institute campuses 2
***, in so far as they are
not inconsistent with the provisions of this Act.
3
[Explanation I.--The reference in this section to the commencement of this Act shall, in relation to
the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.
Explanation II.--The reference in this section to the commencement of this Act shall, in relation to the
National Institutes of Design in the States of Madhya Pradesh, Assam, Haryana and Andhra Pradesh, be
construed as the reference to the date on which the provisions of the National Institute of Design
(Amendment) Act, 2019 comes into force.]
40. Statutes and Ordinances to be published in the Official Gazette and to be laid before
Parliament.—(1) Every Statute or Ordinance made under this Act shall be published in the Official
Gazette.
(2) Every Statute or 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 Statute or Ordinance or both Houses agree that the Statute or Ordinance should not be
made, the 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 Statute or Ordinance.
(3) The power to make Statutes or Ordinances shall include the power to give retrospective effect
from a date not earlier than the date of commencement of this Act to Statutes or Ordinances or any of
1. Subs. by Act 38 of 2019, s. 32, for ―Governing Council of the Institute‖ (w.e.f. 13-1-2020).
2. The words ―located at Bengaluru or Gandhinagar, as the case may be‖ omitted by s. 32, ibid. (w.e.f. 13-1-2020).
3. Ins. by s. 32, ibid. (w.e.f. 13-1-2020).
15
them but no retrospective effect shall be given to any Statute or Ordinance so as to prejudicially affect the
interests of any person to whom such Statutes or Ordinances may be applicable.
1
[Explanation I.—The reference in this section to the commencement of this Act shall, in relation to
the National Institute of Design, Ahmedabad, be deemed to be the 16th day of September, 2014.
Explanation II.—The reference in this section to the commencement of this Act shall, in relation to
the National Institutes of Design in the States of Madhya Pradesh, Assam, Haryana and Andhra Pradesh,
be construed as the reference to the date on which the provisions of the National Institute of Design
(Amendment) Act, 2019 comes into force.]
41. 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
or give such directions not inconsistent with the purposes of this Act, as appears to it to be necessary or
expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the appointed day.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.