The Regional Centre for Biotechnology Act, 2016.
Administered Ministry: Ministry of Science and Technology / Department of Bio-Technology
Section
Section 41 Power to make Statutes. 3 docs
(1) The Statutes of the Regional Centre shall be framed by the Board of Governors.
(2) Without prejudice to the provisions contained in sub-section (1), the Executive Committee may make recommendations for framing of Statutes to the Board.
(3) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—
(a) to provide for short-term and long-term training courses in biotechnology on specific issues related to the development, extension, implementation and regulation of biotechnology and related areas, from time to time under clause (b) of sub-section (1) of section 10;
(b) the manner of conferring honorary degrees or other distinctions under clause (d) of sub-section (1) of section 10;
(c) the norms for recognition of an institution of higher learning within India and to withdraw such recognition under clause (f) of sub-section (1) of section 10;
(d) period for appointment of persons working in any other institution, including those located outside the country, as academic staff of the Regional Centre under clause (g) of sub-section (1) of section 10;
(e) to create administrative, technical and other posts under clause (h) of sub-section (1) of section 10;
(f) the manner and purposes of co-operation or collaboration or association with any institution, including those located outside the country, under clause (i) of sub-section (1) of section 10;
(g) to establish and maintain centres and specialised laboratories or other units for research, development and instruction in India or outside India, clause (j) of sub-section (1) of section 10;
(h) to institute and award fellowships, scholarships, studentships, medals and prizes, under clause (k) of sub-section (1) of section 10;
(i) the manner of entering into agreements with other institutions, industrial or other organisations, including those located outside the country, for research and advisory services under clause (l) of sub-section (1) of section 10;
(j) to declare other authorities to be the authorities of the Regional Centre under clause (vi) of section 13;
(k) the manner of appointment of representatives from amongst the member States of UNESCO, under clause (d) of sub-section (2) of section 14;
(l) the time and manner in which the Board shall meet under sub-section (5) of section 14;
(m) the term of office of the members of the Board, under sub-section (6) of section 14;
(n) such other powers and functions of the Chairperson under sub-section (1) of section 16;
(o) such other functions of the Programme Advisory Committee under clause (g) of sub-section (4) of section 17;
(p) the fees and allowances payable to members of the Programme Advisory Committee and their term of office under sub-section (5) of section 17;
(q) the constitution, powers and functions and the term of office of members of the Executive Committee under sub-section (2) of section 18;
(r) the constitution, powers and functions and term of office of members of the Finance Committee under sub-section (2) of section 19;
(s) the constitution, powers and functions and term of office of members of other authorities under section 20;
(t) the constitution, powers and functions and term of office of members of the Board of Studies under section 21;
(u) the other officers as may be declared to be the officers of the Regional Centre under clause (vii) of section 22;
(v) the manner of appointment and terms and conditions of service of the Executive Director under sub-section (1) of section 23;
(w) the other powers and functions of the Executive Director under clause (f) of sub-section (2) of section 23;
(x) the financial powers to be delegated to the Executive Director by the Board under sub-section (3) of section 23;
(y) the manner of appointment, terms and conditions of service and powers and duties of the Deans and Sub-Deans under section 24;
(z) the manner of appointment and terms and conditions of service of the Associate Director (Administration) under sub-section (1) and powers and duties to be performed by him under sub-section (2) of section 25;
(za) the manner of appointment, terms and conditions of service and powers and duties of the Registrar under section 26;
(zb) the manner of appointment, terms and conditions of service and powers and duties of the Finance officer under section 27;
(zc) the manner of appointment, powers and duties and terms and conditions of service of other officers of the Regional Centre under section 28;
(zd) the time for submission of the annual report of the Regional Centre to the Board under sub-section (1) of section 31;
(ze) the manner and frequency of conducting review of the functioning of administrative and academic wings of the Regional Centre by the Board under sub-section (3) of section 34;
(zf) the procedure for appointment of employees of the Regional Centre under sub-section (1) and their terms and conditions of service under sub-section (2) of section 35;
(zg) the grievance redressal mechanism for resolution of disputes arising between the Regional Centre and any of its employees under section 40;
(zh) the manner of making regulations by the authorities of the Regional Centre under section 43; and
(zi) any other matter which may be required or necessary for the purposes of this Act.
(2) Without prejudice to the provisions contained in sub-section (1), the Executive Committee may make recommendations for framing of Statutes to the Board.
(3) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—
(a) to provide for short-term and long-term training courses in biotechnology on specific issues related to the development, extension, implementation and regulation of biotechnology and related areas, from time to time under clause (b) of sub-section (1) of section 10;
(b) the manner of conferring honorary degrees or other distinctions under clause (d) of sub-section (1) of section 10;
(c) the norms for recognition of an institution of higher learning within India and to withdraw such recognition under clause (f) of sub-section (1) of section 10;
(d) period for appointment of persons working in any other institution, including those located outside the country, as academic staff of the Regional Centre under clause (g) of sub-section (1) of section 10;
(e) to create administrative, technical and other posts under clause (h) of sub-section (1) of section 10;
(f) the manner and purposes of co-operation or collaboration or association with any institution, including those located outside the country, under clause (i) of sub-section (1) of section 10;
(g) to establish and maintain centres and specialised laboratories or other units for research, development and instruction in India or outside India, clause (j) of sub-section (1) of section 10;
(h) to institute and award fellowships, scholarships, studentships, medals and prizes, under clause (k) of sub-section (1) of section 10;
(i) the manner of entering into agreements with other institutions, industrial or other organisations, including those located outside the country, for research and advisory services under clause (l) of sub-section (1) of section 10;
(j) to declare other authorities to be the authorities of the Regional Centre under clause (vi) of section 13;
(k) the manner of appointment of representatives from amongst the member States of UNESCO, under clause (d) of sub-section (2) of section 14;
(l) the time and manner in which the Board shall meet under sub-section (5) of section 14;
(m) the term of office of the members of the Board, under sub-section (6) of section 14;
(n) such other powers and functions of the Chairperson under sub-section (1) of section 16;
(o) such other functions of the Programme Advisory Committee under clause (g) of sub-section (4) of section 17;
(p) the fees and allowances payable to members of the Programme Advisory Committee and their term of office under sub-section (5) of section 17;
(q) the constitution, powers and functions and the term of office of members of the Executive Committee under sub-section (2) of section 18;
(r) the constitution, powers and functions and term of office of members of the Finance Committee under sub-section (2) of section 19;
(s) the constitution, powers and functions and term of office of members of other authorities under section 20;
(t) the constitution, powers and functions and term of office of members of the Board of Studies under section 21;
(u) the other officers as may be declared to be the officers of the Regional Centre under clause (vii) of section 22;
(v) the manner of appointment and terms and conditions of service of the Executive Director under sub-section (1) of section 23;
(w) the other powers and functions of the Executive Director under clause (f) of sub-section (2) of section 23;
(x) the financial powers to be delegated to the Executive Director by the Board under sub-section (3) of section 23;
(y) the manner of appointment, terms and conditions of service and powers and duties of the Deans and Sub-Deans under section 24;
(z) the manner of appointment and terms and conditions of service of the Associate Director (Administration) under sub-section (1) and powers and duties to be performed by him under sub-section (2) of section 25;
(za) the manner of appointment, terms and conditions of service and powers and duties of the Registrar under section 26;
(zb) the manner of appointment, terms and conditions of service and powers and duties of the Finance officer under section 27;
(zc) the manner of appointment, powers and duties and terms and conditions of service of other officers of the Regional Centre under section 28;
(zd) the time for submission of the annual report of the Regional Centre to the Board under sub-section (1) of section 31;
(ze) the manner and frequency of conducting review of the functioning of administrative and academic wings of the Regional Centre by the Board under sub-section (3) of section 34;
(zf) the procedure for appointment of employees of the Regional Centre under sub-section (1) and their terms and conditions of service under sub-section (2) of section 35;
(zg) the grievance redressal mechanism for resolution of disputes arising between the Regional Centre and any of its employees under section 40;
(zh) the manner of making regulations by the authorities of the Regional Centre under section 43; and
(zi) any other matter which may be required or necessary for the purposes of this Act.
Section 42 Power to make Ordinances. 2 docs
(1) Save as otherwise provided in this Act, the Ordinances of the Regional Centre shall be made by the Programme Advisory Committee.
(2) Subject to the provisions of this Act and the Statutes made thereunder, the Ordinances of the Regional Centre may provide for all or any of the following matters, namely:—
(a) admission of students from within India and from the region to the Regional Centre and their enrolment as such;
(b) the course of study;
(c) the conditions under which students shall be admitted to the examinations of the Regional Centre and shall be eligible for degrees, diplomas and certificates;
(d) the conditions for award of fellowships, scholarships, medals and prizes;
(e) the conditions and manner of appointment, term and duties of examining bodies, examiners and moderators;
(f) the conduct of examinations;
(g) the conditions of residence of students of the Regional Centre;
(h) the maintenance of discipline among the employees and students;
(i) the courses of study to be laid down for all degrees, diplomas and certificates of the Regional Centre including the medium of instruction and examination;
(j) the award of degrees and other academic distinctions, and the manner of granting and obtaining of the same;
(k) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(l) the fees to be charged for courses of study and for admission to examinations, degrees and diplomas of the Regional Centre;
(m) the special arrangements, if any, which may be made for the residence and teaching of women students and prescribing of special courses of studies for them;
(n) the establishment, management, recognition and abolition of centres of studies, schools, departments, specialised laboratories, halls and institutions; and
(o) any other matter which by this Act or the Statutes, is to be, or may be, provided for by the Ordinances.
(2) Subject to the provisions of this Act and the Statutes made thereunder, the Ordinances of the Regional Centre may provide for all or any of the following matters, namely:—
(a) admission of students from within India and from the region to the Regional Centre and their enrolment as such;
(b) the course of study;
(c) the conditions under which students shall be admitted to the examinations of the Regional Centre and shall be eligible for degrees, diplomas and certificates;
(d) the conditions for award of fellowships, scholarships, medals and prizes;
(e) the conditions and manner of appointment, term and duties of examining bodies, examiners and moderators;
(f) the conduct of examinations;
(g) the conditions of residence of students of the Regional Centre;
(h) the maintenance of discipline among the employees and students;
(i) the courses of study to be laid down for all degrees, diplomas and certificates of the Regional Centre including the medium of instruction and examination;
(j) the award of degrees and other academic distinctions, and the manner of granting and obtaining of the same;
(k) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(l) the fees to be charged for courses of study and for admission to examinations, degrees and diplomas of the Regional Centre;
(m) the special arrangements, if any, which may be made for the residence and teaching of women students and prescribing of special courses of studies for them;
(n) the establishment, management, recognition and abolition of centres of studies, schools, departments, specialised laboratories, halls and institutions; and
(o) any other matter which by this Act or the Statutes, is to be, or may be, provided for by the Ordinances.
Section 43 Regulations. 4 docs
The authorities of the Regional Centre may make Regulations, 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, in the manner specified by the Statutes.
Section 44 Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. 4 docs
(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(2) Every Statute or Ordinance or Regulation 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 Regulation or both Houses agree that the Statute or Ordinance or Regulation should not be made, the Statute or Ordinance or Regulation 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 or Regulation.
(2) Every Statute or Ordinance or Regulation 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 Regulation or both Houses agree that the Statute or Ordinance or Regulation should not be made, the Statute or Ordinance or Regulation 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 or Regulation.
Section 45 Power to make Statutes or Ordinances or Regulations retrospectively. 4 docs
The power to make Statutes or Ordinances or Regulations under section 41 or section 42 or section 43, as the case may be, shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes or Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statutes or Ordinances or Regulations so as to prejudicially affect the interests of any person to whom such Statutes or Ordinances or Regulations may be applicable.
Section 46 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, 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 under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.