Section 36 in The National Institutes of Technology, Science Education and Research Act, 2007

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 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.

Title: Transitional provisions

Description: Notwithstanding anything contained in this Act— (a) the Board of Governors of every Institute 1[mentioned in the First Schedule] 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 member of the Board holding office before such constitution shall cease to hold office; (b) every Senate constituted in relation to every 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 but on the constitution of new Senate under this Act, the members of the Senate holding office before such constitution shall cease to hold office. 1[(c) recruitment process and disciplinary proceedings, which had commenced before the commencement of the National Institutes of Technology (Amendment) Act, 2012 (28 of 2012), shall be completed, mutatis mutandis, in accordance with the relevant provisions in force immediately before such commencement. Explanation.--Recruitment process for a post may be taken to have commenced from the date of publication of the advertisement inviting application for the post, and disciplinary proceedings against an employee of the Institute may be taken to have commenced on the date of issue of charge sheet for major penalty of show cause notice for minor penalty to such employee (d) all matters, which are meant to be provided through Statutes and Ordinances under sections 25 and 27, respectively, shall, till such Statutes and Ordinances are made, be governed, mutatis mutandis, by the corresponding provisions in force immediately before the commencement of this Act.] 2[(e) the court, the Academic Council and the Executive Council of the Bengal Engineering and Science University, Shibpur performing functions as such immediately before the commencement of the National Institutes of Technology, Science Education and Research (Amendment Act, 2014 (9 of 2914), shall continue to function until a Board is constituted for the Indian Institute of Engineering Science and Technology, Shibpur under this Act, but on and after the constitution of a Board under this Act, the members of the Court, the Academic Council and the Executive Council, shall cease to hold office; (f) the authorities of the Bengal Engineering and Science University, Shibpur, by whatever names so called, performing functions as such immediately before the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014) shall continue to function until a new Authority is appointed or constituted for performing the same functions under the said Act, but on and after such appointment or constitution, the authorities performing the functions under the Bengal Engineering and Science University, Shibpur Act, 2014 (13 of 2004) or any Statutes or Ordinances made thereunder shall cease to hold office; (g) every Senate or any other authorities in the names so called constituted in relation to every Institute before the commencement of the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 shall be deemed to be the Senate constituted under the said Act until a new Senate is constituted under this Act for that Institute, but on the constitution of a new Senate under this Act, the members of the Senate holding office before such constitution shall cease to hold office; (h) until the first Statutes and the Ordinances are made and brought in force under the National Institutes of Technology, Science Education and Research (Amendment) Act, 2014 (9 of 2014) the Statutes, Ordinances and rules made for the Bengal Engineering and Science University, Shibpur immediately before the commencement of the said Act shall continue to apply to the Indian Institute of Engineering Science and Technology, Shibpur in so far as they are not inconsistent with the provisions of the said Act.] 1. Ins. by Act 28 of 2012, s.16 (w.e.f. 7-6-2012). 2. Ins. by Act 9 of 2014, s.10 (w.e.f. 4-3-2014).

Title: Short title and commencement

Description: (1) This Act may be called the Indira Gandhi National Tribal University Act, 2007. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 1. 8th July 2008, vide notification No. S.O. 1630(E), dated 7th July, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Definitions

Description: In this Act, and in all Statutes made hereunder, unless the context otherwise requires.— (a) "Academic Board" in relation to a regional centre or a recognised institution means the academic body charged with the academic matters of such centre or institution, as the case may be, and recognised as such by the University; (b) "Academic Council" means the Academic Council of the University; (c) "academic staff" means such categories of staff as are designated as academic staff by the Ordinances; (d) "Affiliated College" means a college admitted to the privileges of the University; (e) "Board of Studies" means the Board of Studies of the University; (f) "Campus" means the unit established or constituted for making arrangements for instruction, or research, or both, and includes off-campuses; (g) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the University; (h) "College Development Council" means the College Development Council of the University; (i) "Court" means the Court of the University; (j) "Dean" means Head of a Faculty of the University; (k) "Department" means a Department of Studies and includes a Centre of Studies; (l) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, webcasting correspondence courses, seminars, contact programmes or the combination of any two or more such means; (m) "Director" means Head of a Regional Centre; (n) "employee" means any person appointed by the University and includes teachers and other staff of the University; (o) "Executive Council" means the Executive Council of the University; (p) "Faculty" means a Faculty of the University; (q) "Finance Committee" means the Finance Committee of the University; (r) "Hall" means a unit of residence or of corporate life for the students of the University, or of a College or of an Institution, maintained or recognised by the University; (s) "Institution" means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University; (t) "Management Board" in relation to a regional centre or a recognised institution means the governing body charged with the management of the affairs of such centre or institution, as the case may be, and recognised as such by the University; (u) "Principal" means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal, or the acting Principal, a Vice-Principal duly appointed as such; (v) "recognised teachers" means such persons as may be recognised by the University for the purpose of imparting instructions in a College or an Institution admitted to the privileges of the University; (w) "Regional Centres" means off-campuses constituted by the University and functioning as part of the University, established in more tribal dominated areas, as prescribed in the Statutes; (x) "Regulations" means the Regulations made by any authority of the University under this Act for the time being in force; (y) "Scheduled Population" means and includes the Scheduled Tribes as well as Scheduled Castes, as defined in the Constitution of India; (z) "Statutes" and "Ordinances" mean, respectively, the Statutes and the Ordinances of the University, for the time being in force; (za) "teachers" of the University means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instructions or conducting research in the University or any College or Institution maintained by the University and are designated as teachers by the Ordinances; (zb) "University" means the Indira Gandhi National Tribal University as incorporated under this Act.

Title: Establishment of University

Description: (1) There shall be established, in the State of Madhya Pradesh, a University by the name of "Indira Gandhi National Tribal University". (2) The headquarters of the University shall be at Amarkantak. (3) The University shall have such number of Regional Centres and Campuses in the tribal areas as the University may deem fit. (4) The first Chancellor, the first Vice-Chancellor and the first members of the Court, the Executive Council and the Academic Council, and all such persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of "Indira Gandhi National Tribal University". (5) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.