THE INDIAN INSTITUTE
OF PETROLEUM AND ENERGY ACT, 2017 [Act No. 03 of 2018] [05th January, 2018] An Act to declare the
institution known as the Indian Institute of Petroleum and Energy to be an
institution of national importance and to provide for its incorporation and for
matters connected therewith or incidental thereto. Be
it enacted by Parliament in the Sixty-eighth Year of the Republic of India as
follows:- (1) This Act may be called the Indian Institute of
Petroleum and Energy Act, 2017. (2) It shall come into force on such date[1] as
the Central Government may, by notification in the Official Gazette, appoint,
and different dates may be appointed for different provisions of this Act.
INDIAN INSTITUTE OF
PETROLEUM AND ENERGY ACT, 2017
Preamble - INDIAN INSTITUTE OF
PETROLEUM AND ENERGY ACT, 2017PREAMBLE
Section 2 - Declaration of Indian Institute of Petroleum and Energy as an institution of national importance
Whereas
the objects of the institution known as the Indian Institute of Petroleum and
Energy, Vishakhapatnam, Andhra Pradesh are such as to make the institution one
of national importance, it is hereby declared that the institution known as the
Indian Institute of Petroleum and Energy is an institution of national
importance.
Section 3 - Definitions
In
this Act, unless the context otherwise requires,-
(a) "appointed day" means the date appointed
under sub-section (2) of section 1 for coming into force of this Act;
(b) "Board" means the Board of Governors of
the Institute constituted under sub-section (1) of section 5;
(c) "Chairperson" means the Chairperson of
the General Council;
(d) "Director" means the Director of the
Institute appointed under section 20;
(e) "fund" means the fund of the Institute to
be maintained under section 24;
(f) "General Council" means the General
Council constituted under sub-section (1) of section 15;
(g) "Institute" means the Indian Institute of
Petroleum and Energy incorporated under section 4;
(h) "President" means the President of the
Board appointed under clause (a) of sub-section (1) of section 5;
(i) "Registrar" means the Registrar of the
Institute referred to in section 21;
(j) "Senate" means the Senate of the
Institute referred to in section 17;
(k) "Society" means the Indian Institute of
Petroleum and Energy Society, Vishakhapatnam, Andhra Pradesh registered under
the Andhra Pradesh Societies Registration Act, 2001 (Andhra Pradesh Act 35 of
2001); and
(l) "Statutes" and "Ordinances"
mean, respectively, the Statutes and the Ordinances of the Institute made under
this Act.
Section 4 - Incorporation of Institute
The
Indian Institute of Petroleum and Energy, Vishakhapatnam, Andhra Pradesh, an
institution registered under the Andhra Pradesh Societies Registration Act,
2001 (Andhra Pradesh Act 35 of 2001), shall be a body corporate having
perpetual succession and a common seal with power, subject to the provisions of
this Act, to acquire, hold and dispose of property and to contract, and shall,
by that name, sue and be sued.
Section 5 - Constitution of Board of Governors
(1) With effect from such date as the Central
Government may, by notification in the Official Gazette, appoint, there shall
be constituted by the Central Government for the purposes of this Act, a Board
to be known as the Board of Governors consisting of the following members,
namely:-
(a) the President to be appointed by the Central
Government in such manner as may be provided by the Statutes:
Provided
that the first President shall be appointed by the Central Government on such
terms and conditions as it deems fit, for a period not exceeding six months
from the date the first Statutes comes into force;
(b)
the
Director of the Institute, ex officio;
(c) two persons from the Board of Directors of the promoting
companies to be nominated by the Central Government.
Explanation.-For
the purposes of this clause, promoting companies mean those companies
contributing to the endowment fund referred to in section 25;
(d)
one
Professor of the Indian Institute of Science, Bangalore to be nominated by the
Director of that Institute;
(e)
five
eminent experts in the field of petroleum technology, renewable and
non-renewable energy covering the entire hydrocarbon value chain having
specialised knowledge or operational experience in respect of education,
research, engineering and technology to be nominated by the General Council, in
consultation with the Director of the Institute;
(f)
two
Professors of the Institute to be nominated by the Senate of the Institute; and
(g) one representative of the graduates of the
Institute to be nominated by the Executive Committee of the Alumni Association.
(2)
The
Registrar of the Institute shall act as the Secretary of the Board.
(3) The Board shall ordinarily meet four times during a
calendar year.
Section 6 - Term of office of, vacancies among, and allowances payable to, members of Board
(1) Save as otherwise provided in this section, the
term of office of the President or any other member of the Board, other than ex
officio members, shall be three years from the date of his appointment or
nomination thereto.
(2) An ex officio member shall cease to be a member of
the Board as soon as he vacates the office by virtue of which he is a member of
the Board.
(3) The term of a member nominated to fill a casual
vacancy shall continue for the remainder of the term of the member in whose
place he has been nominated.
(4) Notwithstanding anything contained in this section,
an outgoing member shall, unless the Central Government otherwise directs,
continue in office until another person is nominated as a member in his place.
(5) The members of the Board shall be entitled to such
allowances, if any, from the Institute, as may be provided for in the Statutes,
but no member other than the member referred to in clause (f) of section 5
shall be entitled to any salary.
Section 7 - Vesting of properties
On
and from the appointed day and subject to the other provisions of this Act, all
properties which had vested in the Society immediately before that day, shall,
on and from that day, vest in the Institute.
Section 8 - Effect of incorporation of Institute
On
and from the appointed day,-
(a) any reference to the Society in any contract or
other instrument shall be deemed as a reference to the Institute;
(b) all the rights and liabilities of the Society shall
be transferred to, and be the rights and liabilities of, the Institute.
Section 9 - Functions of Institute
The
Institute shall perform the following functions, namely:-
(i)
nurture
and promote quality and excellence in education and research in the area of
petroleum and hydrocarbons and energy;
(ii)
provide
for programmes and courses of instruction and research leading to the award of
the Bachelors, Masters and Doctoral degrees in engineering and technology, management,
sciences and arts in the area of petroleum and hydrocarbons and energy;
(iii)
grant,
subject to such conditions as the Institute may determine, degrees, diplomas,
certificates or other academic distinctions or titles at various academic
levels to candidates who have attained the prescribed standard of proficiency
as judged on the basis of examination or on any other basis of testing and
evaluation and to withdraw any such degrees, diplomas, certificates or other
academic distinctions or titles for good and sufficient reasons;
(iv)
confer
honorary degrees or other distinctions and to institute and award fellowships,
scholarships, exhibitions, prizes and medals;
(v)
lay
down standards of admission to the Institute through an examination or any
other method of testing and evaluation;
(vi)
manage
the content, quality, design and continuous evaluation of its academic and
research programmes in a manner that earns accreditation of an international
stature;
(vii)
promote
research and development for the benefit of oil, gas and petrochemical industry
and the energy sector through the integration of teaching and research;
(viii)
foster
close educational and research interaction through networking with national,
regional and international players in the oil, gas and petrochemical industry
and the energy sector;
(ix)
co-operate
with educational and research institutions in any part of the world having
objects wholly or partly similar to those of the Institute by exchange of
teachers and scholars, conduct of joint research, undertaking sponsored
research and consultancy projects, etc;
(x)
organise
national and international symposia, seminars and conferences in the area of
petroleum and hydrocarbons and energy;
(xi)
establish,
maintain and manage halls, residences and hostels for students and to lay down
conditions for residing in the halls and hostels;
(xii)
supervise,
control and regulate the discipline of all categories of employees of the
Institute and to make arrangements for promoting their health and general
welfare;
(xiii)
supervise
and regulate the discipline of students and to make arrangements for promoting
their health, general welfare and cultural and corporate life;
(xiv) frame Statutes and to alter, modify or rescind the
same;
(xv)
deal
with any property belonging to or vested in the Institute in such manner as the
Institute may deem fit for advancing its objects;
(xvi) receive gifts, grants, donations or benefactions
from the Central Government and the State Governments and to receive bequests,
donations, grants and transfers of movable or immovable properties from
testators, donors, transferors, alumni, industry or any other person;
(xvii) ?borrow money
for the purposes of the Institute with or without security of the property of
the Institute;
(xviii)
integrate
new technology in the classroom to encourage student-centric learning
strategies and the development of an attitude for learning;
(xix) develop and maintain an information resource centre
of print and non-print knowledge resources in the field of petroleum sector
covering the entire hydrocarbon value chain as well as other related areas of
energy, science and technology;
(xx)
provide
for further education to the working professionals and other employees of the
Institute in the advanced areas of technology relating to oil, gas, complete
hydrocarbon value chain and energy;
(xxi) offering customised programmes that serve the
current and ongoing needs of working professionals for continuing education at
the cutting-edge of petroleum and energy sector at the campus of the Institute
or at company site;
(xxii) encouraging industry to sponsor their staff to join
the Institute for higher degrees and work on problems that interest the
sponsoring industry thus helping develop deeper interactions and a research
environment in the industry;
(xxiii)
fostering
the creation of new basic knowledge and applied technology and its active
transmission to companies for the benefit of the nation and for this purpose
establishing an Intellectual Property Rights cell to patent the new
developments made at the Institute and to license them nationally and
internationally;
(xxiv)
being
proactive in supporting the skill development programmes of the Government of
India by training people in various related areas by way of certificate and
diploma courses at the campus of the Institute or at other locations and
involving industry in design and conduct of curricula;
(xxv)giving broad focus to the functioning of the
Institute in the area of petroleum and petroleum related technologies under the
wide umbrella of energy; and
(xxvi)
doing
all such things, not specifically covered above, as may be necessary,
incidental or conducive to the attainment of all or any of the objects of the
Institute.
Section 10 - Powers of Board
(1) Subject to the provisions of this Act, the Board
shall be responsible for the general superintendence, direction and control of
the affairs of the Institute and shall exercise all the powers not otherwise
provided for by this Act, the Statutes and the Ordinances, and shall have the
power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section
(1), the Board shall-
(a) take decisions on questions of policy relating to
the administration and working of the Institute;
(b) lay down policy regarding the duration of the
courses, nomenclature of the degrees and other distinctions to be conferred by
the Institute;
(c) institute courses of study and to lay down
standards of proficiency and other academic distinctions in respect of the
courses offered by the Institute;
(d) lay down policy regarding the cadre structure,
qualification, the method of recruitment and conditions of service of the
teaching and research faculty as well as other employees of the Institute;
(e) guide resource mobilisation of the Institute and to
lay down policies for investment;
(f) consider and approve proposals for taking loans for
purposes of the Institute with or without security of the property of the
Institute;
(g) frame Statutes and to alter, modify or rescind the
same;
(h) consider and pass resolutions on the annual report,
the annual accounts and the budget estimates of the Institute for the next
financial year as it thinks fit together with a statement of its development
plans;
(i) create academic, administrative, technical and
other posts and to make appointments thereto and to provide avenues for their
growth and development;
(j) examine and approve the development plans of the
Institute and the financial implications of such plans;
(k) examine and approve the annual operation and
capital budget estimates of Institute for the next financial year and to
sanction expenditure within the limits of the approved budget;
(l) receive gifts, grants, bequests, donations or
benefactions and transfer of movable or immovable properties from the Central
Government and the State Governments and from testators, donors, or
transferors, as the case may be, and to have custody of the funds of the
Institute;
(m) fix, demand and receive fees and other charges;
(n) to sue and defend all legal proceedings on behalf
of the Institute; and
(o) do all such things as may be necessary, incidental
or conducive to the attainment of all or any of the aforesaid powers.
(3)
The
Board shall have the power to appoint such committees as it considers necessary
for the exercise of its powers and the performance of its duties under this
Act.
(4) The Board shall have the power to establish campus
and academic centres at any place within or outside India:
Provided
that no campus or academic centre shall be established outside India without
the prior approval of the Central Government.
(5)
Notwithstanding
anything contained in section 4, the Board shall not dispose of in any manner,
any immovable property of the Institute without prior approval of the Central
Government.
(6) The Board may, through a specific resolution to this
effect, delegate any of its powers and duties to the President, Director, any
officer or any authority of the Institute subject to reserving the right to
review the action that may be taken under such delegated authority.
Section 11 - Institute to be open to all races, creeds and classes
(1) The Institute shall be open to persons of either
sex and of whatever race, creed, caste or class, and no test or condition shall
be imposed as to religious belief or profession in admitting students,
appointing teachers or employees or in any other connection whatsoever.
(2) No bequest, donation or transfer of any property
shall be accepted by the Institute which in the opinion of the Board involves
conditions or obligations opposed to the spirit and object of this section.
Section 12 - Teaching at the Institute
All
teaching and other academic activities at the Institute shall be conducted by
or in the name of the Institute in accordance with the Statutes and the
Ordinances made in this behalf.
Section 13 - Visitor
(1) The President of India shall be the Visitor of the
Institute.
(2) The Visitor may appoint one or more persons to
review the work and progress of the Institute and to hold inquiries into the
affairs thereof and to report thereon in such manner as the Visitor may direct.
(3) Upon receipt of any such report, the Visitor may
take such action and issue such directions as he considers necessary in respect
of any of the matters dealt with in the report and the Institute shall be bound
to comply with such directions.
Section 14 - Authorities of Institute
The
following shall be the authorities of the Institute, namely:-
(a) the General Council;
(b) the Board of Governors;
(c) the Senate; and
(d) such other authorities as may be declared by the
Statutes to be the authorities of the Institute.
Section 15 - Constitution of General Council
(1) With effect from such date as the Central
Government may, by notification in the Official Gazette, appoint, there shall
be constituted, for the purposes of this Act, a body to be known as the General
Council.
(2) The General Council shall consist of the following
members, namely:-
(a) the Secretary, Ministry of Petroleum and Natural
Gas in the Central Government, ex officio, who shall be the Chairperson;
(b) the Chairman, Indian Oil Corporation Limited, ex
officio;
(c) the Chairman and Managing Director, Hindustan
Petroleum Corporation Limited, ex officio;
(d) the Chairman and Managing Director, Oil and Natural
Gas Corporation, ex officio;
(e) the Chairman and Managing Director, Gas Authority
of India Limited, ex officio;
(f) the Director General of Hydrocarbons, ex officio;
(g) the Principal Advisor (Energy), NITI Aayog, ex
officio;
(h) the Executive Director, Oil Industry Safety
Directorate, ex officio;
(i) the Director, Indian Institute of Science,
Bangalore, ex officio;
(j) the Director, Indian Institute of Chemical
Technology, Hyderabad, ex officio;
(k) the Secretary, Oil Industry Development Board, ex
officio;
(l) the President of the Board, ex officio;
(m) the Director of the Institute, ex officio; and
(n) persons, not less than two but not exceeding four,
representing the private entities in the field of petroleum sector operating in
the country, to be nominated by the Chairperson.
(3)
The
Registrar of the Institute shall be the ex officio Secretary of the General
Council.
(4) The Chairperson shall have the power to invite any
person who is not a member of the General Council to attend its meeting but
such invitee shall not be entitled to vote.
Section 16 - Powers and functions of General Council
Subject
to the provisions of this Act, the General Council shall have the following
powers and functions, namely:-
(a) review from time to time the broad policies and
programmes of the Institute and to suggest measures for the improvement, development
and expansion of the Institute thereof;
(b) consider the annual statement of accounts including
a balance-sheet together with the audit report thereto and the observations of
the Board of Governors thereon and to suggest improvements in fiscal management
of the Institute;
(c) review and evaluate overall quality and
effectiveness of the Institute and to advise measures for improvement of
performance and for confidence-building between the Institute and its
stakeholders;
(d) provide credibility, aura, connectivity and
contacts for the Institute especially with regard to student placement and
resource mobilisation;
(e) advise the Institute and its Board in respect to
new cutting edge areas of technology in the domain of energy and hydrocarbon
development including oil, gas, renewable and non-renewable energy, etc., that
the Institute needs to pursue, as well as in respect of any other matter
referred to it by the Board for advice; and
(f) advise the Institute and its Board in respect of
the advanced areas of technology in the field of petroleum sector covering the
entire hydrocarbon value chain as well as in respect of any other matter that
may be referred to it for advice by the Board.
Section 17 - Senate
The
Senate of the Institute shall be the principal academic body and its
composition shall be such as may be provided by the Statutes.
Section 18 - Functions of Senate
Subject
to the provisions of this Act, the Statutes and the Ordinances, the Senate
shall have the control and general regulation, and be responsible for the
maintenance of standards of instruction, education and examination in the
Institute and shall exercise such other powers and perform such other duties as
may be conferred or imposed upon it by the Statutes.
Section 19 - President of Board
(1) The President shall ordinarily preside at the
meetings of the Board and at the Convocations of the Institute.
(2) It shall be the duty of the President to ensure
that the decisions taken by the Board are implemented.
(3) The President shall exercise such other powers and
perform such other duties as may be assigned to him by this Act or the
Statutes.
Section 20 - Director
(1) The Director of the Institute shall be appointed by
the Central Government in such manner and on such terms and conditions as may
be provided by the Statutes:
Provided
that the first Director shall be appointed by the Central Government on such
terms and conditions as it deems fit, for a period not exceeding one year from
the date the first Statutes come into force.
(2)
The
Director shall be the principal academic and executive officer of the Institute
and shall be responsible for the proper administration and academic performance
of the Institute and for imparting of instruction and maintenance of discipline
therein.
(3)
The
Director shall submit annual reports and accounts to the Board.
(4) The Director shall exercise such other powers and
perform such other duties as may be assigned to him by this Act, the Statutes
or the Ordinances.
Section 21 - Registrar
(1) The Registrar of the Institute shall be appointed
in such manner and on such terms and conditions as may be provided by the
Statutes and shall be the custodian of records, the common seal, the funds of
the Institute and such other property of the Institute as the Board shall
commit to his charge.
(2) The Registrar shall act as the Secretary of the
General Council, the Board, the Senate and such committees as may be provided
by the Statutes.
(3) The Registrar shall be responsible to the Director
for the proper discharge of his functions.
(4) The Registrar shall exercise such other powers and
perform such other duties as may be assigned to him by this Act, the Statutes
or by the Director.
Section 22 - Powers and duties of other authorities and officers
The
powers and duties of authorities and officers, other than those hereinbefore
mentioned, shall be determined by the Statutes.
Section 23 - Grants by Central Government
For
the purpose of enabling the Institute to discharge its functions efficiently
under this Act, the Central Government may, after due appropriation made by
Parliament by law in this behalf, pay to the Institute such sums of money and
in such manner as it may think fit.
Section 24 - Fund of Institute
(1) The Institute shall maintain a fund to which shall
be credited-
(a) all moneys provided by the Central Government;
(b) all fees and other charges;
(c) all moneys received by the Institute by way of
grants, gifts, donations, benefactions, bequests or transfers; and
(d) all moneys received by the Institute in any other
manner or from any other source.
(2)
All
moneys credited to the fund shall be deposited in such banks or invested in
such manner as may be decided by the Board.
(3) The fund shall be applied towards meeting the
expenses of the Institute including expenses incurred in the exercise of its
powers and discharge of its duties under this Act.
Section 25 - Setting-up of endowment fund
Notwithstanding
anything contained in section 24, the Institute may,-
(a) set-up an endowment fund and any other fund for a
specified purpose; and
(b) transfer money from its fund to the endowment fund
or any other fund.
Section 26 - Budget of Institute
The
Institute shall prepare, in such form and at such time every year, a budget in
respect of the financial year next ensuing, showing the estimated receipts and
expenditure of the Institute and shall forward to the Central Government such
number of copies thereof as may be provided by the Statutes.
Section 27 - Accounts and audit
(1) The Institute shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts, including
the balance-sheet, in such form as may be prescribed by the Central Government
in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Institute shall be audited by
the Comptroller and Auditor-General of India and any expenditure incurred by
him in connection with such audit shall be payable by the Institute to the
Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and
any person appointed by him in connection with the audit of the accounts of the
Institute shall have the same rights, privileges and authority in connection
with such audit as the Comptroller and Auditor-General of India has in
connection with the audit of the Government accounts, and, in particular, shall
have the right to demand the production of books, accounts, connected vouchers
and other documents and papers and to inspect the offices of the Institute.
(4) The accounts of the Institute as certified by the
Comptroller and Auditor-General of India or any other person appointed by him
in this behalf together with the audit report thereon shall be forwarded
annually to the Central Government and that Government shall cause the same to
be laid before each House of Parliament.
Section 28 - Annual report
The
Institute shall prepare for every year a report of its activities during that
year and submit the report to the Central Government in such form and on or
before such date as may be provided by the Statutes and a copy of this report
shall be laid before both Houses of Parliament within one month of its receipt.
Section 29 - Pension, provident fund, etc
(1) The Institute shall constitute for the benefit of
its employees, including the Director, such pension, insurance and provident
fund scheme as it deems fit, in such manner and subject to such conditions as
may be provided by the Statutes.
(2) Where any such provident fund has been so
constituted, the Central Government may declare that the provisions of the
Provident Funds Act, 1925 (19 of 1925) shall apply to such fund as if it were a
Government provident fund.
Section 30 - Authentication of orders and instruments of Institute.--
All
orders and decisions of the Institute shall be authenticated by the Director or
any other member authorised by the Institute in this behalf and all other
instruments shall be authenticated by the signature of the Director or such
officers as may be authorised by the Institute.
Section 31 - Appointments
All
appointments of the staff of the Institute, except that of the Director shall
be made in accordance with the procedure laid down in the Statutes,-
(a) by the Board, if the appointment is made on the
academic staff in the post of Assistant Professor or above or if the
appointment is made on the non-academic staff in any cadre, the maximum of the
pay scale for which is the same or higher than that of Assistant Professor; and
(b) by the Director, in any other case.
Section 32 - Statutes
Subject
to the provisions of this Act, the Statutes may provide for all or any of the
following matters, namely:-
(a) the formation of departments of teaching and other
academic units;
(b) the institution of fellowships, scholarships,
exhibitions, medals and prizes;
(c) the classification of posts, term of office, method
of appointment, powers and duties and other terms and conditions of service of
the officers of the Institute including the President, the Director, the
Registrar, and such other officers as may be declared as officers of the
Institute by the Statutes;
(d) the classification, the method of appointment and
the determination of the terms and conditions of service of officers, teachers
and other staff of the Institute;
(e) the reservation of posts for the Scheduled Castes,
the Scheduled Tribes and other categories of persons as may be determined by
the Central Government;
(f) the form in which and the time at which the budget
and reports shall be prepared by the Institute;
(g) the form of annual report;
(h) the constitution of pension, insurance and
provident funds for the benefit of the officers, teachers and other staff of
the Institute;
(i) the constitution, powers and duties of the other authorities
of the Institute referred to in clause (d) of section 14;
(j) the delegation of powers;
(k) the code of conduct, disciplinary actions thereto
for misconduct including removal from service of employees on account of
misconduct and the procedure for appeal against the actions of an officer or
authority of the Institute;
(l) the conferment of honorary degrees;
(m) the establishment and maintenance of halls,
residences and hostels;
(n) the authentication of the orders and decisions of
the Board; and
(o) any other matter which by this Act is to be, or may
be, provided by the Statutes.
Section 33 - Statutes how made
(1) The first Statutes of the Institute shall be framed
by the Central Government and a copy of the same shall be laid, as soon as may
be after it is made, before each House of Parliament.
(2) The Board may, from time to time, make new or
additional Statutes or may amend or repeal the Statutes in the manner hereafter
in this section provided.
(3) A new Statute or addition to the Statutes or any amendment
or repeal of a Statute shall require the previous approval of the General
Council who may assent thereto or withhold assent or remit it to the Board for
consideration.
(4) A new Statute or a Statute amending or repealing an
existing Statute shall have no validity unless it has been assented to by the
General Council.
Section 34 - Ordinances
Subject
to the provisions of this Act and the Statutes, the Ordinances may provide for
all or any of the following matters, namely:-
(a) the admission of the students to the Institute;
(b) the reservation for the Scheduled Castes, the
Scheduled Tribes and other categories of persons;
(c) the courses of study to be laid down for all
degrees, diplomas and certificates of the Institute;
(d) the conditions under which students shall be
admitted to the degree, diploma and certificate courses and to the examinations
of the Institute and the eligibility conditions for awarding the same;
(e) the conditions of award of the fellowships,
scholarships, exhibitions, medals and prizes;
(f) the conditions and manner of appointment and duties
of examining bodies, examiners and moderators;
(g) the conduct of examinations;
(h) the maintenance of discipline among the students of
the Institute;
(i) the fees to be charged for courses of study at the
Institute and for admission to the examinations;
(j) the conditions of residence of students of the
Institute and the levying of the fees for residence in the halls and hostels
and of other charges; and
(k) any other matter which by this Act or the Statutes
is to be, or may be, provided for by the Ordinances.
Section 35 - Ordinances how made
(1) The First Ordinance of the Institute shall be
framed by the Central Government.
(2) Save as otherwise provided in this section,
Ordinances shall be made by the Senate.
(3) All Ordinances made by the Senate shall have effect
from such date as it may direct, but every Ordinance so made shall be
submitted, as soon as may be, to the Board and shall be considered by the Board
at its next succeeding meeting.
(4) The Board shall have power by resolution to modify
or cancel any such Ordinance and such Ordinance shall from the date of such
resolution stand modified accordingly or cancelled, as the case may be
Section 36 - Conduct of business by authorities of Institute
The
authorities of the Institute may have their own rules of procedure, consistent
with the provisions of this Act, the Statutes and the Ordinances for the
conduct of their own business and that of the committees, if any, appointed by
them and not provided for by this Act, the Statutes or the Ordinances.
Section 37 - Tribunal of Arbitration
(1) Any dispute arising out of a contract between the
Institute and any of its employees shall, at the request of the employee concerned
or at the instance of the Institute, be referred to a Tribunal of Arbitration
consisting of one member appointed by the Institute, one member nominated by
the employee, and an umpire appointed by the Visitor.
(2) The decision of the Tribunal of Arbitration shall
be final.
(3) No suit or proceeding shall lie in any court in
respect of any matter which is required by sub-section (1) to be referred to
the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to
regulate its own procedure.
(5) Nothing in any law for the time being in force
relating to arbitration shall apply to arbitrations under this section
Section 38 - Acts and proceedings not to be invalidated by vacancies
No
act of the Institute or the General Council or Board or Senate or any other
body set-up under this Act or the Statutes, shall be invalid merely by reasons
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
Section 39 - Grant of degrees, etc., by Institute
Notwithstanding
anything in the University Grants Commission Act, 1956 (3 of 1956) or in any
other law for the time being in force, the Institute shall have power to grant
degrees and other academic distinctions and titles under this Act
Section 40 - Sponsored schemes
Notwithstanding
anything in this Act, whenever the Institute receives funds from any
Government, the University Grants Commission or any other agency including
industry sponsoring a research scheme, a consultancy assignment, a teaching
programme or a chaired professorship or a scholarship, 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 the purpose of
the scheme; and
(b) the staff required to execute the same shall be
recruited in accordance with the terms and conditions stipulated by the
sponsoring organisation:
Provided
that any money remaining unutilised under clause (a) shall be transferred to
the endowment fund created under section 25.
Section 41 - Control by Central Government
The
Institute shall carry out such directions as may be issued to it from time to
time by the Central Government for the efficient administration of this Act.
Section 42 - Resolution of differences
If
in, or in connection with, the exercise of its powers and discharge of its
functions by the Institute under this Act, any dispute or difference arises
between the Institute and the Central Government, the decision of the Central
Government thereon shall be final.
Section 43 - 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 provisions 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.
Section 44 - Transitional provisions
Notwithstanding
anything contained in this Act,-
(a) the Board of Governors of the Society functioning
as such immediately before the commencement of this Act shall continue to so
function until a new Board is constituted for the 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; and
(b) until the first Statutes and the Ordinances are
made under this Act, the Statutes and the Ordinances of the Indian Institute of
Petroleum and Energy Society, as in force, immediately before the commencement
of this Act, shall continue to apply to the Institute insofar as they are not
inconsistent with the provisions of this Act
Section 45 - Statutes, Ordinances and notifications to be published in the Official Gazette and to be laid before Parliament
(1) Every Statute and every Ordinance made or
notification issued under this Act shall be published in the Official Gazette.
(2) Every Statute and every Ordinance made or
notification issued 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, Ordinance or notification or both
Houses agree that the Statute, Ordinance or notification should not be made or
issued, the Statute, Ordinance or notification 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, Ordinance or
notification.
(3) The power to make the Statutes, Ordinances or
notifications shall include the power to give retrospective effect from a date
not earlier than the date of commencement of this Act, to the Statutes,
Ordinances, notifications or any of them but no retrospective effect shall be
given to any Statute, Ordinance or notification so as to prejudicially affect
the interests of any person to whom such Statute, Ordinance or notification may
be applicable.
Statement of Objects and Reasons -
INDIAN INSTITUTE OF PETROLEUM AND ENERGY BILL, 2017
STATEMENT OF OBJECTS
AND REASONS
(1) In pursuance of the commitment of the Government of
India to establish a Petroleum University in the successor State of Andhra
Pradesh as per the Andhra Pradesh Reorganisation Act, 2014, it has been decided
to set-up the Indian Institute of Petroleum and Energy in Visakhapatnam
district of Andhra Pradesh. The Institute is expected to be a domain-specific
energy Institute that will serve as the fountain-head for nurturing world class
technical human resources capable of serving as leaders and innovators in the
field of petroleum technology and energy.
(2) The Institute will provide high quality education
and conduct advance research in all aspects relating to the conventional
hydrocarbons. At the same time, as the energy sector evolves and the
non-conventional hydrocarbons as well as new sources, like, Liquefied Natural
Gas, biofuels and renewables gain market share, the Institute will actively
pursue research and development in these fields in order to strive for and
maintain a leadership position in the Indian and global energy arena. The
curriculum of the Institute is proposed to be a specialised one and would
include advanced programmes at the post-graduate and doctoral level.
(3) Accordingly, the Indian Institute of Petroleum and
Energy Bill, 2017, inter alia, proposes to-
(a) establish the Institute of Petroleum and Energy and
declare it as an institution of national importance;
(b) provide for constitution of the Board of Governors
which shall be responsible for the general superintendence, direction and control
of the affairs of the Institute;
(c) provide for a General Council of the Institute,
inter alia, to review from time to time the broad policies and programmes of
the Institute and suggest measures for the improvement, development and
expansion of the Institute;
(d) confer power upon the Central Government to frame
the first Statutes and first Ordinances of the Institute and thereafter, the
Board may make new or additional Statutes or amend or repeal the Statutes, and
the Senate to have the power to make Ordinances;
(e) provide for Tribunal of Arbitrator consisting of
one member appointed by the Institute, one member nominated by the employee,
and an umpire appointed by the Visitor, to decide any dispute arising out of a
contract between the Institute and any employee of the Institute.
(4)
The
Notes on Clauses explain in detail the various provisions of the Bill.
(5) The Bill seeks to achieve the above objects.