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EXTRAORDINARY
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PART II—Section 2
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PUBLISHED BY AUTHORITY
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No. 18] NEW DELHI, TUESDAY, JULY 18, 2017/ASHADHA 27, 1939 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
————
The following Bills were introduced in Lok Sabha on 18th July, 2017:—
BILL NO. 76 OF 2016
A Bill further to amend the Requisitioning and Acquisition of Immovable Property
Act, 1952.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
1. (1) This Act may be called the Requisitioning and Acquisition of Immovable Property Short title
(Amendment) Act, 2017. and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
30 of 1952. 2. In the Requisitioning and Acquisition of Immovable Property Act, 1952, in section 7, Amendment
after sub-section (1), the following sub-section shall be inserted and shall be deemed to have of section 7.
been inserted with effect from the 14th March, 1952, namely:—
‘‘(1A) Notwithstanding any judgment or order by a court or any other authority, setting
aside a notice under sub-section (1) on the ground that the owner or any other person who
may be interested in the property was not given adequate opportunity to show cause or
personal hearing, the Central Government may re-issue the notice to the owner or such other
person interested in the property, for the purpose of giving opportunity of being heard:2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Provided that where a notice is re-issued, the owner or such other person interested in
the property shall be entitled to the same annual rate of interest, prevalent at any relevant
time on the domestic fixed deposit offered by the State Bank of India, as defined under
clause (g) of section 2 of the State Bank of India Act, 1955, on the compensation payable 23 of 1955.
under this Act, from the date of publication of the first notice, till the final payment of the
compensation under this Act:
Provided further that any enhanced compensation with or without interest awarded by
the court or other authority, before the date of commencement of the Requisitioning and
Acquisition of Immovable Property (Amendment) Act, 2017, shall be subject to the re-issuance
of a notice under this sub-section and shall be applicable only to the cases of land being
acquired for national security and defence purpose:
Provided also that in the cases, where the final award under this Act has been made
and compensation thereof has been accepted by the owner or such other person interested
in the property, before the commencement of the Requisitioning and Acquisition of the
Immovable Property (Amendment) Act, 2017, shall not be reopened.’’.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
STATEMENT OF OBJECTS AND REASONS
The Requisitioning and Acquisition of Immovable Property Act, 1952 was enacted to
empower the Central Government to requisition, for the purposes of the Union, any immovable
property, and to acquire such requisitioned property under certain specified conditions. The
said Act came into force on 14th March, 1952.
2. The power to requisition immovable property for public purposes is under section 3
of the Act and the power to acquire requisitioned property is under section 7. The principles
and method of determination of compensation for requisitioned property and payment thereof
have been laid down in sections 8 and 9 of the Act.
3. There have been instances of persons interested in the requisitioned property
challenging the notice of acquisition on the ground that the same has been published
without affording personal hearing to them by the competent authority. However, after
prolonged litigation traversing up to the Apex Court, if the interested persons succeed in
getting a notice of acquisition quashed, they would be bestowed with the unintended benefit
of compensation for their property as on the date of publication of fresh notice of acquisition.
This may cause astronomical hike in the quantum of compensation because of the inevitable
appreciation of the market value of the property between the original date of publication of
notice of acquisition and the present date of publication of the same, pursuant to the orders
of the courts.
4. It is, therefore, proposed to amend section 7 of the Act to enable the Central
Government to re-issue the notice of acquisition to the owner or such other person interested
in the property, for the purpose of giving opportunity of being heard. The owner or the
person interested in the property shall also be entitled to annual rate of interest, prevalent at
any relevant time on the compensation payable, from the date of publication of the first
notice, till the final payment of compensation. Further, it is proposed that any enhanced
compensation with or without interest awarded by the court or other authority, before the
date of commencement of the proposed amendment, shall be subject to the re-issuance of
the proposed notice of acquisition and shall be applicable only to the cases of property
being acquired for national security and defence purpose. It is proposed to give effect to the
amendments from the date of enactment of the Requisitioning and Acquisition of Immovable
Property Act, 1952, namely, the 14th March, 1952.
5. The Bill seeks to achieve the above objectives.
NEW DELHI; M. VENKAIAH NAIDU.
The 11th April, 2017.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 107 OF 2017
A Bill further to amend the Ancient Monuments and Archaeological Sites and Remains
Act, 1958.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
Short title and 1. (1) This Act may be called the Ancient Monuments and Archaeological Sites and
commencement. Remains (Amendment) Act, 2017.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Amendment 2. In the Ancient Monuments and Archaeological Sites and Remains Act,1958 24 of 1958.
of section 2. (hereinafter referred to as the principal Act), in section 2, after clause (j), the following clause
shall be inserted, namely:—
‘(ja) “public works” means construction works related to infrastructure financed
and carried out by any department or office of the Central Government for public
purposes which is necessary for the safety or security of the public at large and
emergent necessity is based on specific instance of danger to the safety or security of
the public at large and there is no reasonable possibility of any other viable alternative
to such construction beyond the limits of the prohibited area;’.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
3. In section 20A of the principal Act, after sub-section (4), the following sub-sections Amendment of
shall be inserted, namely:— section 20A.
"(5) Nothing contained in sub-section (4) shall apply to the public works:
Provided that any question as to whether or not a construction works is public
works, shall be referred to the Authority which shall on being satisfied make its
recommendation, for the reasons to be recorded in writing, to the Central Government
whose decision thereon shall be final:
Provided further that if the decision of the Central Government differs from the
recommendation of the Authority, the Central Government shall record its reasons
thereof.
(6) Any Department or office of the Central Government proposing to carry out
any construction works, including reconstruction or repair or renovation, of any public
works in the prohibited area, shall make an application to the competent authority for
carrying out such construction works.
(7) Upon decision of the Central Government determining a construction works
as public works in accordance with the provisions of sub-section (5), the competent
authority shall convey the decision of the Central Government to the applicant within
ten days of the receipt of such decision.
(8) The provisions of section 20C shall apply mutatis mutandis to the public
works in a prohibited area.".
4. In section 20D of the principal Act, in sub-section (8), for the words "Director Amendment of
General", the words "competent authority" shall be substituted. section 20D.
5. In section 20-I of the principal Act, after clause (e), the following clause shall be Amendment of
inserted, namely:— section 20-I.
"(ea) to consider the impact, including archaeological impact, visual impact and
heritage impact assessment, of public works which may be proposed in the prohibited
area and make recommendations to the Central Government in respect thereof:
Provided that no recommendation for any construction works shall be made
unless the Authority is satisfied that there is no reasonable possibility of any other
viable alternative for shifting such construction works beyond the limits of the
prohibited area.".6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The Ancient Monuments and Archaeological Sites and Remains Act, 1958 was enacted
to provide for the preservation of ancient and historical monuments and archaeological sites
and remains of national importance, for the regulation of archaeological excavations and for
the protection of sculptures, carvings and other like objects.
2. The said Act was amended in 2010, which, inter alia, under section 20A allows the
Central Government or the Director General to grant permission for such public works or
projects essential to the public or other constructions which in its opinion, shall not have
any substantial adverse impact on the preservation, safety, security of, or access to, the
monument or its immediate surroundings, to be carried out in a prohibited area in respect of
a protected area or protected monument. However, it prohibits carrying out any public work
or project essential to the public or other constructions in any prohibited area.
3. The prohibition of new construction within prohibited area of a protected area or
protected monument, is adversely affecting the various public works and developmental
projects of the Central Government. In order to resolve the situation arising out of the
prohibition on any construction under section 20A of the Act, a need has been felt to amend
the Act to allow for construction works related to infrastructure financed and carried out by
any Department or office of the Central Government for public purposes which is necessary
for the safety or security of the public at large.
4. In view of the above, it is proposed to introduce a Bill, namely, the Ancient Monuments
and Archaeological Sites and Remains (Amendment) Bill, 2017, inter alia, to—
(a) provide for a new definition of "public works" in section 2 of the Act; and
(b) amend section 20A of the Act so as to allow for construction of public works
related to infrastructure financed and carried out by any Department or office of the
Central Government for public purposes which is necessary for the safety or security
of the public at large and there is no reasonable possibility of any other viable alternative
to such construction beyond the limits of the prohibited area.
5. The Bill seeks to achieve the aforesaid objectives.
NEW DELHI; DR. MAHESH SHARMA.
The 16thJune, 2017.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
BILL NO. 111 OF 2017
A Bill 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. (1) This Act may be called the Indian Institute of Petroleum and Energy Act, 2017.
Short title and
commence-
(2) It shall come into force on such date as the Central Government may, by notification
ment.
in the Official Gazette, appoint, and different dates may be appointed for different provisions
of this Act.
2. Whereas the objects of the institution known as the Indian Institute of Petroleum
Declaration
and Energy, Vishakhapatnam, Andhra Pradesh are such as to make the institution one of of Indian
national importance, it is hereby declared that the institution known as the Indian Institute of Institute of
Petroleum
Petroleum and Energy is an institution of national importance.
and Energy as
an institution
of national
importance.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Definitions. 3. 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 Andhra
Registration Act, 2001; and Pradesh Act
35 of 2001.
(l) "Statutes" and "Ordinances" mean, respectively, the Statutes and the
Ordinances of the Institute made under this Act.
Incorporation 4. The Indian Institute of Petroleum and Energy, Vishakhapatnam, Andhra Pradesh,
of Institute. an institution registered under the Andhra Pradesh Societies Registration Act, 2001, shall be Andhra
a body corporate having perpetual succession and a common seal with power, subject to the Pradesh Act
35 of 2001.
provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by
that name, sue and be sued.
Constitution 5. (1) With effect from such date as the Central Government may, by notification in the
of Board of
Official Gazette, appoint, there shall be constituted by the Central Government for the purposes
Governors.
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, engineeringSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
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.
6. (1) Save as otherwise provided in this section, the term of office of the President or Term of
any other member of the Board, other than ex officio members, shall be three years from the office of,
vacancies
date of his appointment or nomination thereto.
among, and
(2) An ex officio member shall cease to be a member of the Board as soon as he vacates allowances
payable to,
the office by virtue of which he is a member of the Board.
members of
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.
7. On and from the appointed day and subject to the other provisions of this Act, all Vesting of
properties which had vested in the Society immediately before that day, shall, on and from properties.
that day, vest in the Institute.
8. On and from the appointed day,— Effect of
incorporation
(a) any reference to the Society in any contract or other instrument shall be
of Institute.
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.
9. The Institute shall perform the following functions, namely:—
Functions of
Institute.
(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;10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(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 thisSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
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.
10. (1) Subject to the provisions of this Act, the Board shall be responsible for the Powers of
general superintendence, direction and control of the affairs of the Institute and shall Board.
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; and12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(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.
Institute to be 11. (1) The Institute shall be open to persons of either sex and of whatever race, creed,
open to all caste or class, and no test or condition shall be imposed as to religious belief or profession
races, creeds in admitting students, appointing teachers or employees or in any other connection
and classes.
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.
12. All teaching and other academic activities at the Institute shall be conducted by
Teaching at
the Institute. or in the name of the Institute in accordance with the Statutes and the Ordinances made in
this behalf.
13. (1) The President of India shall be the Visitor of the Institute.
Visitor.
(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.
14. The following shall be the authorities of the Institute, namely:—
Authorities of
Institute.
(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.
15. (1) With effect from such date as the Central Government may, by notification in
Constitution
of General the Official Gazette, appoint, there shall be constituted, for the purposes of this Act, a body
Council. 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;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
(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.
16. Subject to the provisions of this Act, the General Council shall have the following Powers and
powers and functions, namely:— functions of
General
(a) review from time to time the broad policies and programmes of the Institute Council.
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.
17. The Senate of the Institute shall be the principal academic body and its composition Senate.
shall be such as may be provided by the Statutes.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Functions of 18. Subject to the provisions of this Act, the Statutes and the Ordinances, the Senate
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.
President of 19. (1) The President shall ordinarily preside at the meetings of the Board and at the
Board. 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.
Director. 20. (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.
21. (1) The Registrar of the Institute shall be appointed in such manner and on such
Registrar.
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.
Powers and 22. The powers and duties of authorities and officers, other than those hereinbefore
duties of mentioned, shall be determined by the Statutes.
other
authorities
and officers.
Grants by 23. For the purpose of enabling the Institute to discharge its functions efficiently
Central
under this Act, the Central Government may, after due appropriation made by Parliament by
Government.
law in this behalf, pay to the Institute such sums of money and in such manner as it may
think fit.
Fund of 24. (1) The Institute shall maintain a fund to which shall be credited—
Institute.
(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; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
(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.
25. Notwithstanding anything contained in section 24, the Institute may,— Setting-up of
endowment
(a) set-up an endowment fund and any other fund for a specified purpose; and fund.
(b) transfer money from its fund to the endowment fund or any other fund.
26. The Institute shall prepare, in such form and at such time every year, a budget in Budget of
respect of the financial year next ensuing, showing the estimated receipts and expenditure of Institute.
the Institute and shall forward to the Central Government such number of copies thereof as
may be provided by the Statutes.
27. (1) The Institute shall maintain proper accounts and other relevant records and Accounts and
prepare an annual statement of accounts, including the balance-sheet, in such form as may audit.
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.
28. The Institute shall prepare for every year a report of its activities during that year Annual
and submit the report to the Central Government in such form and on or before such date as report.
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.
29. (1) The Institute shall constitute for the benefit of its employees, including the Pension,
Director, such pension, insurance and provident fund scheme as it deems fit, in such manner provident
fund, etc.
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
19 of 1925. may declare that the provisions of the Provident Funds Act, 1925 shall apply to such fund as
if it were a Government provident fund.
30. All orders and decisions of the Institute shall be authenticated by the Director or Authentication
any other member authorised by the Institute in this behalf and all other instruments shall be of orders and
instruments of
authenticated by the signature of the Director or such officers as may be authorised by the
Institute.
Institute.
31. All appointments of the staff of the Institute, except that of the Director shall be Appointments.
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 staff16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
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.
Statutes. 32. 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.
Statutes how 33. (1) The first Statutes of the Institute shall be framed by the Central Government
made. 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.
34. Subject to the provisions of this Act and the Statutes, the Ordinances may provide
Ordinances.
for all or any of the following matters, namely:—
(a) the admission of the students to the Institute;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17
(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.
35. (1) The First Ordinance of the Institute shall be framed by the Central Government. Ordinances
how made.
(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.
36. The authorities of the Institute may have their own rules of procedure, consistent Conduct of
with the provisions of this Act, the Statutes and the Ordinances for the conduct of their own business by
authorities of
business and that of the committees, if any, appointed by them and not provided for by this
Institute.
Act, the Statutes or the Ordinances.
37. (1) Any dispute arising out of a contract between the Institute and any of its Tribunal of
employees shall, at the request of the employee concerned or at the instance of the Institute, Arbitration.
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.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Acts and 38. No act of the Institute or the General Council or Board or Senate or any other body
proceedings set-up under this Act or the Statutes, shall be invalid merely by reasons of—
not to be
invalidated by (a) any vacancy in, or defect in the constitution thereof, or
vacancies.
(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.
Grant of 39. Notwithstanding anything in the University Grants Commission Act, 1956 or in 3 of 1956.
degrees, etc., any other law for the time being in force, the Institute shall have power to grant degrees and
by Institute.
other academic distinctions and titles under this Act.
Sponsored 40. Notwithstanding anything in this Act, whenever the Institute receives funds from
schemes. 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.
Control by 41. The Institute shall carry out such directions as may be issued to it from time to time
Central by the Central Government for the efficient administration of this Act.
Government.
Resolution of 42. If in, or in connection with, the exercise of its powers and discharge of its
differences. 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.
Power to 43. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
remove Government may, by order, published in the Official Gazette, make such provisions or give
difficulties.
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.
Transitional 44. Notwithstanding anything contained in this Act,—
provisions.
(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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19
45. (1) Every Statute and every Ordinance made or notification issued under this Act Statutes,
shall be published in the Official Gazette. Ordinances
and
(2) Every Statute and every Ordinance made or notification issued under this Act shall notifications
to be
be laid, as soon as may be after it is made, before each House of Parliament, while it is in
published in
session, for a total period of thirty days which may be comprised in one session or in two or
the Official
more successive sessions, and if, before the expiry of the session immediately following the Gazette and
session or the successive sessions aforesaid, both Houses agree in making any modification to be laid
before
in the Statute, Ordinance or notification or both Houses agree that the Statute, Ordinance or
Parliament.
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.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
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.
DHARMENDRA PRADHAN.
NEW DELHI;
The 23rd June, 2017.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21
Notes on clauses
Clause 2 seeks to declare the Indian Institute of Petroleum and Energy as an institution
of national importance.
Clause 3 defines the various expressions used in the Bill.
Clause 4 provides for the establishment of the Indian Institute of Petroleum and
Energy.
Clause 5 provides for the constitution of the Board of Governors.
Clause 6 provides for the term of office of, vacancies among and allowances payable
to the members of the Board.
Clause 7 provides that on and from the appointed day, all properties which had vested
in the Society shall vest in the Institute.
Clause 8 provides for the effect of incorporation of the Institute in respect of the
rights, liabilities and employees of the Institute.
Clause 9 lays down the various functions of the Institute in respect of promotion of
quality and excellence in education and research in the area of petroleum and hydrocarbons
and energy and other related matters.
Clause 10 enumerates the various powers and functions of the Board of Governors.
The powers of the Board, inter alia, include the power to appoint such committees as it
considers necessary for the exercise of its powers and the performance of its duties under
the Bill, the power to establish campus and academic centres at any place within India and
with the prior approval of the Central Government, establish any campus or academic centre
outside India.
Clause 11 provides that 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 or appointing students, teachers or employees or in any
other connection whatsoever. Sub-clause (2) also provides that 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 clause.
Clause 12 provides that 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 Ordinances
made in this behalf.
Clause 13 provides that the President of India shall be the Visitor of the Institute.
Sub-clause (2) also empowers the Visitor to 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.
Clause 14 enumerates various authorities of the Institute such as the General Council,
the Board of Governors, the Senate and such other authorities as may be declared by the
Statutes to be the authorities of the Institute.
Clause 15 provides for the constitution and composition of the General Council.
Sub-clause (2) provides that the Chairperson of the Council shall be the Secretary, Ministry
of Petroleum and Natural Gas in the Central Government. Sub-clause (4) empowers the
Chairperson to invite any person who is not a member of the Council to attend a meeting of
the Council but such invitee shall not be entitled to vote at such a meeting.22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Clause 16 provides for the powers and functions of the General Council.
Clause 17 provides that the Senate of the Institute shall be the principal academic
body and its composition shall be such as may be provided by the Statutes.
Clause 18 provides that the Senate of the Institute 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.
Clause 19 provides for the duties, powers and functions of the President of the Board.
Clause 20 makes provision for the appointment, functions and powers of the Director
of the Institute.
Clause 21 makes provision for the appointment, functions and powers of the Registrar.
Clause 22 provides that the powers and duties of other authorities and officers shall
be determined by the Statutes.
Clause 23 provides that the Central Government may, after due appropriation made by
Parliament by law in this behalf, pay to the Institute in each financial year such sums of
money and in such manner as it may think fit.
Clause 24 provides that the Institute shall maintain a fund where all moneys provided
by the Central Government, all fees and other charges, all moneys received by the Institute
by way of grants, gifts, donations, benefactions, bequests or transfers and all moneys
received by the Institute in any other manner or from any other source shall be credited.
Clause 25 provides for creation of an endowment fund and any other fund for a
specified purpose.
Clause 26 provides that 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.
Clause 27 provides that 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. Sub-clause (4) also provides that 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.
Clause 28 provides that the Institute shall prepare for every year a report and 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 copy of this report shall be
laid before both Houses of Parliament within one month of its receipt.
Clause 29 requires the Institute to constitute pension, insurance and provident fund
schemes for the benefit of its employees.
Clause 30 provides that 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.
Clause 31 provides that all appointment of the staff of the Institute, except that of the
Director, shall be made in accordance with the procedure as may be laid down in the Statutes.
Clause 32 provides for various matters on which the Statutes may be framed subject to
the provisions of the Bill.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23
Clause 33 provides that 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 before each House of
Parliament. Sub-clause (2) provides that the Board may, from time to time, make new or
additional Statutes or may amend or repeal the Statutes with the previous approval of the
General Council, who may assent thereto or withhold assent or remit it to the Board for
consideration.
Clause 34 provides for various matters in respect of which the Ordinances may be
framed subject to the provisions of the Bill.
Clause 35 provides that the first Ordinance of the Institute shall be framed by the
Central Government. Sub-clause (2) provides that the Ordinances shall be made by the
Senate and sub-clause (3) provides that such Ordinances shall be submitted, as soon as may
be, to the Board and shall be considered by the Board at its next succeeding meeting.
Sub-clause (4) provides that 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.
Clause 36 provides that the authorities of the Institute may have their own rules and
procedure consistent with the provisions of the Bill, 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 the Bill, the Statutes or the Ordinances.
Clause 37 provides that 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.
Clause 38 provides for circumstances under which the act of the Institute or the
General Council or Board or Senate or any other body set-up under the Bill or the Statutes,
shall not be declared invalid.
Clause 39 empowers the Institute to grant degrees and other academic distinctions
and titles.
Clause 40 provides that funds received for specific assignments or sponsored projects
shall be kept separately from the fund of the Institute and utilised only for the purpose of
such specific assignments or sponsored projects and the staff required to execute the same
shall be recruited in accordance with the terms and conditions stipulated by the sponsoring
organisation.
Clause 41 provides that 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 the Bill.
Clause 42 provides that in case any dispute or difference arises between the Institute
and the Central Government, the decision of the Central Government thereon shall be final.
Clause 43 empowers the Central Government to remove by order any difficulty that
may arise in giving effect to the provisions of the Bill, within a period of two years from the
appointed day and every such order shall be laid, as soon as may be after it is made, before
each House of Parliament.
Clause 44 relates to transitional provisions. The clause provides that the Board of
Governors of the Society functioning as such immediately before the enactment of the Bill
shall continue to so function until a new Board is constituted for the Institute under the new
enactment, but on the constitution of a new Board the members of the Board holding office
before such constitution shall cease to hold office. Similarly, until the first Statutes and the
Ordinances are made on the enactment of the proposed Bill, the Statutes and the Ordinances
of the Indian Institute of Petroleum and Energy Society, as in force, immediately before such
enactment, shall continue to apply to the Institute insofar as they are not inconsistent with
the provisions of the Bill.
Clause 45 requires all Statutes, Ordinances and notifications to be published in the
Official Gazette and to be laid before each House of Parliament.24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for the establishment of the Indian Institute of Petroleum
and Energy at Visakhapatnam in Andhra Pradesh.
2. Clause 23 of the Bill provides that 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. Clause 25 of the Bill provides that the Institute
may set-up an endowment fund and any other fund for a specified purpose and may transfer
money from its fund to the endowment fund or any other fund.
3. The establishment of the Institute involves total capital expenditure of 655.46 crore
rupees and an endowment fund of 400 crore rupees (200 crore rupees from budgetary support
and 200 crore rupees from five Oil Public Sector Undertakings). Around half of the interest
accruing from endowment fund of 400 crore rupees will be utilised to meet the deficit against
the recurring expenses and remaining recurring expenses will be met through students fees,
donations and other earnings of the Institute such as research and development,
consultancies, students placement fees, etc.
4. The year-wise requirement of budgetary support is as under:
Year Capital expenditure Endowment Fund
(in Rs. Crores) (in Rs. Crores)
2016-2017 196.19 66.66
2017-2018 133.23 66.66
2018-2019 101.96 66.68
2019-2020 92.32 —
2020-2021 71.64 —
2021-2022 55.96 —
2022-2023 4.16 —
Total 655.46 200.00
5. The Bill does not involve any other expenditure of a recurring or non-recurring
nature.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause (1) of clause 33 of the Bill empowers the Central Government to frame the
first Statutes of the Institute. Clause 32 provide for matters in respect of which Statutes may
be made, which, inter alia, include matters relating to the formation of departments of
teaching and other academic units, the institution of fellowships, scholarships, exhibitions,
medals and prizes, the classification of posts, terms of office, method of appointments,
powers and duties and other terms and conditions of service of the officers of the Institute
including the President, the Director and the Registrar, the code of conduct, etc., of employees
of the Institute, the conferment of honorary degrees, the establishment and maintenance of
the residences and hostels and the authentication of the orders and decisions of the Board.
Sub-clause (2) of clause 33 of the Bill empowers the Institute, from time to time, to make new
or additional Statutes or to amend or repeal the Statutes.
2. Clause 35 of the Bill empowers the Senate to make Ordinances. Clause 34 provide
for matters in respect of which the Ordinances may be made, which, inter alia, include the
admission of the students to the Institute, the courses of study to be laid down for all
degrees, diplomas and certificates of the Institute, the conditions under which students shall
be admitted to the degree, diploma and certificate courses and to the examinations of the
Institute and eligibility conditions for awarding the same, the conditions of award of the
fellowships, scholarships, exhibitions, medals and prizes, the conduct of examinations, the
fees to be charged for courses of study at the Institute and for admission to the examinations,
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.
3. Clause 45 of the Bill provides for every Statute and Ordinance to be laid, as soon as
may be after it is made, before each House of Parliament.
4. The matters in respect of which the Statutes and Ordinances may be made are
matters of procedure and administrative detail, and as such, it is not practicable to provide
for them in the proposed Bill itself. The delegation of legislative power is, therefore, of a
normal character.
————
ANOOP MISHRA
Secretary General.
UPLOADED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110 002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110 054.
GMGIPMRND—1196GI(S3)—26-07-2017.