Chapter X MISCELLANEOUS AND TRANSITORY PROVISIONS

Notwithstanding anything contained in this Act and the statutes,-Transitory provisions.

1. (i) on the appointed date, all the teaching activities, human resources, assets and liabilities of the society shall stand transferred and made over to the Institute constituted under this Act;
2. (ii) the Director may, with the previous approval of the Governing Council and, subject to the availability of funds, discharge all or any of the functions of the Institute for the purpose of carrying out the provisions of this Act, and for that purpose may exercise any power or perform any duty, which by this Act, the statutes and the ordinances are to be exercised or performed by any authority of the Institute until such authority comes into existence as provided by this Act, the statutes and the ordinances; and
3. (iii) on the appointed date, the students hitherto enrolled in the Institute, shall continue as students of the Institute and complete their course in continuation of the academic year or part thereof completed by them.

Indemnity. 40. No suit, prosecution or other legal proceedings shall be initiated against and no damages shall be claimed from the Institute, the authorities, the Director or other officers of the Institute or any other person in respect of anything which is in good faith done or purporting to have been done in pursuance of this Act or any of the statutes or the ordinances.

Power of Government to call for information and records. 41.

1. (1) It shall be the duty of the Institute or any authority or officer of the Institute to furnish such information or records relating to the administration or finance or other affairs of the Institute, as the Government may call for.
2. (2) The Government, if it is of the view that there is violation of any of the provisions of the Act or the statutes or ordinances, may issue such directions to the Institute under section 42 as it may deem necessary.

Power of the Government to issue directions on policy matters. 42. The Government may issue such directions, from time to time, to the Institute on policy matters not inconsistent with the provisions of this Act as it may deem necessary.

Disputes as to the constitution of authorities and bodies Disputes as to the constitution of authorities and bodies. 43. If any question arises as to whether any person has been duly nominated or appointed as or is entitled to be, a member of any authority or other body of the Institute, the matter shall be referred to the Governing Council whose decision thereon shall be final.

Constitution of committees. 44. Where any authority of the Institute is given power under this Act or the statutes to constitute committees, such committees shall as otherwise provided, consist of the members of the authority concerned and of such other persons as the authority in each case may think fit.

Filling up of vacancies. 45. All vacancies among the members of any authority or other body of the Institute shall be filled as soon as may be convenient by the person or body who appointed or nominated the members whose place has become vacant for the remaining term for which he has been appointed or nominated.

Proceedings of authorities and bodies not to be invalidated by vacancies. 46. No act or proceeding of any authority or other body of a Institute shall be invalidated merely by reason of the existence of a vacancy or of any defect or irregularity in the nomination of a member of any authority or other body of the Institute or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground that the authority or other body of the Institute, did not meet at such intervals as required under this Act.

Removal from membership of Institute. 47.

1. (1) The Executive Council may, remove by an order in writing made in this behalf, any person from membership of any authority of the Institute by a resolution passed by a majority of the total members of the Executive Council and by a majority of not less than two-thirds of the members of the Executive Council present and voting at the meeting, if such person has been convicted by a Court for an offence which, in the opinion of the Executive Council, involves moral turpitude.
2. (2) The Executive Council may also by an order in writing made in this behalf remove any person from the membership of any authority of the Institute if he becomes of unsound mind or has been adjudicated as an insolvent.
3. (3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken.
4. (4) A copy of every order made under sub-section
5. (1) or sub-section (2), as the case may be, shall after it is so made, be communicated to the person concerned in the manner prescribed.

Mode of proof of records of Institute. 48. A copy of any receipt, application, notice, proceeding, resolution of any authority or committee of the Institute or other documents in possession of the Institute, if certified by the Administrative Officer, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein where the original would, if produced have been admissible in evidence.

Power to remove difficulties. 49.

1. (1) If any difficulty arises as to the constitution or reconstitution of any authority of the Institute or in giving effect to the provisions of this Act, the Government may, by notification, make such provision, not inconsistent with the provisions of this Act, as may appear to them to be necessary or expedient for removing the difficulty: Provided that no such notification shall be issued after the expiry of two years from the date of commencement of this Act.