nted 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.
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.
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.
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.
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.
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.
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
12
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.
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.
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.