Section 37 in The National Institutes of Design Act, 2014

Title: Institute to be public authority under Right to Information Act, 2005.

Description: The provisions of the Right to Information Act, 2005 (22 of 2005) shall apply to 1[every Institute], as if it were a public authority as defined in clause (h) of section 2 of the Right to Information Act, 2005. 1. Subs. by s. 31, ibid., for "the Institute" (w.e.f. 13-1-2020).

Title: Power of Central Government to make rules.

Description: (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:–– (a) the manner of appointment of the Director and terms and conditions of his service under subsection (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.

Title: Transitional provisions.

Description: 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[ExplanationI.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.] 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 Act 38 of 2019, s. 33 (w.e.f. 13-1-2020).

Title: Statutes and Ordinances to be published in the Official Gazette and to be laid before Parliament.

Description: (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 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.] 1. Ins. by Act 38 of 2019, s. 33 (w.e.f. 13-1-2020).

Title: Power to remove difficulties.

Description: (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.