RNI No. GOAENG/2002/6410
Reg. No. G-2/RNP/GOA/32/2015-2017
Panaji, 23rd February, 2017 (Phalguna 4, 1938) SERIES I No. 47 PUBLISHED BY AUTHORITY
INDEX
Department Notification Subject Pages
1. Law & Judiciary Not.- 10/4/2016-LA The Regional Centre for Biotechnology Act, 2016. 1935
Under Secretary
2.a. Science, Technology & Not.- 1/24/2010/ The Chemical Accidents (Emergency Planning, Pre- 1949
Environment /STE-DIR/467 paredness and Response) Amendment Rules, 2015. Dir. & ex officio Jt. Secy.
b. —do— —do— Amendments to the Notification. 1951
Sections
GOVERNMENT OF GOA
Department of Law & Judiciary
Legal Affairs Division —— Notification
10/4/2016-LA
The Regional Centre for Biotechnology Act, 2016 (Central Act No. 36 of 2016), which has been passed by Parliament and assented to by the President on 29-07-2016 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 30-07-2016, is hereby published for the general information of the public.
Julio Barbosa Noronha, Under Secretary
(Law).
Porvorim, 4th November, 2016.
—————
THE REGIONAL CENTRE FOR BIOTECHNOLOGY ACT, 2016 ————— Arrangement of Sections
4. Declaration of Regional Centre for Bio- technology as an institution of national importance.
5. Effect of establishment of Regional Centre. 6. Jurisdiction. 7. Objectives of Regional Centre. 8. Functions of Regional Centre. 9. Regional Centre to work in collaboration with
other institutions of UNESCO.
10. Powers of Regional Centre. 11. Regional Centre open to all castes, creed, race
or class.
Sections
1. Short title and commencement. 2. Definitions. 3. Establishment and incorporation of Regional
Centre for Biotechnology.
12. Privileges and immunities of Regional Centre. 13. Authorities of Regional Centre. 14. Board of Governors. 15. Powers and functions of Board. 16. Powers and functions of Chairperson. 17. Programme Advisory Committee. 18. Executive Committee. 19. Finance Committee. 20. Other authorities of Regional Centre. 21. Board of Studies. 22. Officers of Regional Centre. 23. Executive Director. 24. Deans and Sub-Deans. 25. Associate Director (Administration). 26. Registrar. 27. Finance Officer. 28. Other Officers. 29. Grants and loans to Regional Centre. 30. Fund of Regional Centre. 31. Annual report. 32. Annual accounts.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017Sections 33. Returns and information. 34. Review of functioning of Regional Centre. 35. Appointment and conditions of service of
employees of Regional Centre.
36. Meetings. 37. Filling of casual vacancies. 38. Proceedings of authorities not invalidated by
vacancies.
39. Protection of action taken in good faith. 40. Arbitration. 41. Power to make Statutes. 42. Power to make Ordinances. 43. Regulations. 44. Statutes, Ordinances and Regulations to be
published in the Official Gazette and to be laid before Parliament.
45. Power to make Statutes or Ordinances or
Regulations retrospectively.
46. Power to remove difficulties.
________
THE REGIONAL CENTRE FOR BIOTECHNOLOGY ACT, 2016
AN
ACT
Be it enacted by Parliament in the Sixty- -seventh Year of the Republic of India as follows:—
1. Short title and commencement.— (1) This Act may be called the Regional Centre for Biotechnology Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the
context otherwise requires,—
(a) "academic staff " means Assistant Professors, Associate Professors, Professors, Deans, Sub-Deans, Executive Director and such other persons, including Visiting Professors, Professors of Eminence, Honorary Professors, Adjunct Professors and Emeritus Professors, as may be appointed or engaged for impar ting education, training or conducting research in the Regional Centre for Biotechnology;
(b) "Board" means the Board of Governors
constituted under section 14;
to provide for the establishment of an
institution of national importance to be
known as Regional Centre for Biotechno-
logy and to provide for matters connected
therewith or incidental thereto.
Whereas an agreement for the establish- ment and operation of the Regional Centre for Biotechnology Training and Education in India was entered into between the Government of India and the United Nations Educational, Scientific and Cultural Orga- nisation on the 14th day of July, 2006;
And whereas in pursuance of the said agreement, the Central Government through an executive order dated the 20th April, 2009, established the Regional Centre for Biotechnology Training and Education at Faridabad, Haryana;
And whereas it is expedient to make provisions for strengthening and to make the Regional Centre for Biotechnology an institution of national importance for imparting education, training and conducting research in the areas of Biotechnology and related multi disciplinary areas.
(c) "Board of Studies" means the Board of Studies of the Regional Centre referred to in section 21;
(d) "Chairperson" means the Chairperson
of the Board;
(e) "employee" means any person appointed by the Regional Centre and includes officers, academic and other staff of the Regional Centre;
(f) "Executive Committee" means the Executive Committee of the Regional Centre constituted under section 18;
(g) "Executive Director" means the Executive Director of the Regional Centre appointed under sub-section (1) of section 23;
(h) "existing Regional Centre" means the Regional Centre for Biotechnology Training and Education at National Capital Region, Faridabad;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017(i) "hall" means a unit of residence, by
whatever name called, for the students
of the Regional Centre, maintained or
recognised by it;
(j) "institution" includes autonomous organisations within or outside India, for imparting education, training and conducting research in the areas of Biotechnology and supported by the Government of India or industr y or universities or other organisations;
(k) "Ordinances" means the Ordinances framed by the Programme Advisory Committee under section 42;
(l) "Programme Advisory Committee" means the Programme Advisory Committee of the Regional Centre constituted under section 17;
(m) "region" means the region comprising the territories of South Asian Association for Regional Co-operation (SAARC) States and generally the Asia region;
(n) "Regional Centre" means the Regional Centre for Biotechnology established under section 3;
(o) "Regulations" means the Regulations made by any authority of the Regional Centre under section 43;
(p) "Statutes" means the Statutes framed
by the Board under section 41;
(q) "UNESCO" means the United Nations Educational, Scientific and Cultural Organisation.
3. Establishment and incorporation of Regional Centre for Biotechnology.— (1) The Regional Centre for Biotechnology Training and Education at National Capital Region, Faridabad, Haryana functioning under the Department of Biotechnology, Ministry of Science and Technology is hereby established as a body corporate by the name of "Regional Centre for Biotechnology" having perpetual succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue or be sued.
(2) The Regional Centre shall consist of a Board of Governors and authorities specified in section 13.
(3) The headquarters of the Regional Centre shall be at its campus in the National Capital Region, Faridabad.
4. Declaration of Regional Centre for Biotechnology as an institution of national importance.— Whereas the objects of the institution known as the Regional Centre for Biotechnology are such as to make the institution one of national importance, it is hereby declared that the institution known as the Regional Centre for Biotechnology is an institution of national importance.
5. Effect of establishment of Regional Centre.— (1) On and from the date of commencement of this Act,—
(a) any reference to the existing Regional Centre in any law, other than this Act, or in any contract or other instrument, shall be deemed as a reference to the Regional Centre;
(b) all properties and assets, movable and immovable, of, or belonging to the existing Regional Centre shall vest in the Regional Centre;
(c) all rights and liabilities of the existing Regional Centre shall be transferred to, and be the rights and liabilities of, the Regional Centre;
(d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the existing Regional Centre immediately before the said date, for or in connection with the purposes of the said Regional Centre shall be deemed to have incurred, entered into or engaged to be done by, with or for, the Regional Centre;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017(e) all sums of money due to the existing Regional Centre immediately before that date shall be deemed to be due to the Regional Centre;
(f) all suits and other legal proceedings instituted or which could have been instituted by or against the existing Regional Centre immediately before that date may be continued or may be instituted by or against the Regional Centre;
(g) ever y employee (including those appointed for imparting instruction or giving training or conducting research in the existing Regional Centre), holding any office under the existing Regional Centre or teaching therein immediately before the commencement of this Act shall hold his office in the Regional Centre or continue teaching therein by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if this Act had not been enacted and shall continue to do so as an employee of the Regional Centre or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Regional Centre within such period.
14 of 1947.
(2) Notwithstanding anything in the Industrial Disputes Act, 1947 or in any other law for the time being in force, absorption of any employee by the Regional Centre in its regular ser vice under this section shall not entitle such employee to any compensation under that Act or any other law and no such claim shall be entertained by any court, tribunal or other authority.
6. Jurisdiction.— The jurisdiction of the Regional Centre shall extend to whole of India and to such centres and specialised laboratories or other units for research, development and instruction, established by the Regional Centre within or outside India.
7. Objectives of Regional Centre.— The
objectives of the Regional Centre shall be—
(a) to disseminate and to advance knowledge by providing instructional and research facilities in such branches of biotechnology and related fields as it may deem fit including technology policy development;
(b) to provide capacity-building through education, training, research and development in biotechnology and related academic fields for sustainable develop- ment objectives through regional and international cooperation;
(c) to facilitate transfer of knowledge and technology relating to biotechnology at the regional level;
(d) to create a hub of biotechnology expertise and to address human resources needs in the countries in the region;
(e) to promote and strengthen international co-operation to improve the social and economic conditions and welfare of the people;
(f) to promote and facilitate a network of satellite centres in the region as well as within India.
8. Functions of Regional Centre.— The
functions of the Regional Centre, shall be—
(a) to establish infrastructure and technology platforms which are directly relevant to biotechnology education, training and research;
(b) to execute educational and training activities including grant of degrees in education and research in biotechnology and related fields;
(c) to produce human resource tailored to drive innovation in biotechnology particularly in areas of new opportunities and to fill talent gap in deficient areas;
(d) to under take research and development and scientific investigations OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017 in collaboration with relevant research centre's in the region;
(e) to hold scientific symposia and conferences within India or in the region or outside the region and to conduct short- -term and long-term training courses and workshops in all areas of biotechnology;
(f) to collect universally available information with a view to setting up data banks for bio-information;
(g) to collect and disseminate, through networking, the relevant local knowledge in the field of biotechnology, ensuring protection of intellectual property rights of local stakeholder communities;
(h) to develop and implement a policy for intellectual property rights which is equitable and just to the stakeholders involved in research in the Regional Centre;
(i) to disseminate the outcome of research activities in different countries through the publication of books and articles;
(j) to promote collaborative research and development networking programme in specific areas of biotechnology with national, regional and international networks and promote exchange of scientists, at the regional level having regard to issues pertaining to intellectual property rights of collaborating institutions promoting equitable sharing of benefits with collaborating institutions.
9. Regional Centre to work in collaboration with other institutions of UNESCO.— The Regional Centre shall pursue its objects and discharge its functions in close collaboration with other national, regional and international institutions of the UNESCO.
10. Powers of Regional Centre.— (1) The Regional Centre shall have the following powers, namely:—
(a) to provide for masters degree (including integrated programmes leading to masters degree), post-graduate diploma and doctoral degrees in biotechnology and related subjects at the interface of varied disciplines including physical, chemical, biological, medical, agricultural and engineering and other relevant sciences, as may be determined by the Regional Centre, from time to time;
(b) 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, as may be specified by Statutes, from time to time;
(c) to organise and undertake extramural studies, training and extension services in biotechnology;
(d) to confer honorary degrees or other academic distinctions referred to in clause (a), in the manner specified by the Statutes;
(e) to institute Professorships, Associate Professorships, Assistant Professorships and other academic positions required by the Regional Centre and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships or other academic positions;
(f) to recognise an institution of higher learning within India for the purposes of this Act and to withdraw such recognition in accordance with the norms laid down in the Statutes;
(g) to appoint persons working in any other institution, including those located outside the country, as academic staff of the Regional Centre for such period as may be specified by the Statutes;
(h) to create administrative, technical and other posts and to make appointments thereto, as may be specified by Statutes;
(i) to co-operate or collaborate or associate with any institution, including those located OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017 outside the country, in such manner as may be specified and for such purposes as may be determined or agreed upon by the Regional Centre;
(j) to establish and maintain centres and specialised laboratories or other units for research, development and instruction in India or outside India, as may be determined by the Statutes from time to time;
(k) to institute and award fellowships, scholarships, studentships, medals and prizes as may be specified by the Statutes;
(l) to make provision for research and advisory services and for that purpose to enter into such agreements with other institutions, industrial or other organisations, including those located outside the country as may be specified by the Statutes;
(m) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other stakeholders;
(n) to appoint visiting Professors, Professors of Eminence, Honorar y Professors, Adjunct Professors, Emeritus Professors, Consultants and such other persons who may contribute to the advancement and objects of the Regional Centre;
(o) to determine standards of admission to the Regional Centre, including examination, evaluation or any other method of testing;
(p) to fix, demand and receive payment
of fees and other charges;
(q) to establish, recognise, maintain and manage halls or residences of students of the Regional Centre and other accommodation for students and to withdraw any such recognition;
(r) to lay down conditions of service of all categories of employees, including their code of conduct;
(s) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the Regional Centre to be necessary;
(t) to make arrangements for promoting the health and general welfare of the students and employees of the Regional Centre;
(u) to receive benefactions, donations and gifts and to acquire, hold and manage, and dispose of, with the prior approval of the Central Government, any property, movable or immovable, including trust and endowment proper ties, for the purposes or objectives of the Regional Centre;
(v) to borrow money, with the prior approval of the Central Government on the security of the property of the Regional Centre; and
(w) to do all such other acts and things as may be necessary in furtherance of the objects specified in section 7.
(2) In exercising its powers under sub-section (1), it shall be the endeavour of the Regional Centre to maintain high standards of education, training and research and the Regional Centre shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:—
(a) conduct innovative courses and programmes of studies with a provision for periodic review and restructuring; and
(b) promote e-governance with an effective management information system.
11. Regional Centre open to all castes, creed, race or class.— The Regional Centre or any OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017 institution recognised by it shall be open to persons of either sex and whatever caste, creed, race, ethnicity, nationality or class, and it shall not be lawful for the Regional Centre or such institution to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a member of the academic staff of the Regional Centre or such institution or to hold any other office therein or to be admitted as a student in the Regional Centre or such institution or to enjoy or exercise any privilege thereof.
12. Privileges and immunities of Regional Centre.— The Regional Centre or persons attending the meetings of the Regional Centre shall enjoy such privileges and immunities as the Central Government may grant, pursuant to agreement entered into between the UNESCO and the Government of India from time to time concerning the Regional Centre.
13. Authorities of Regional Centre.— The following shall be the authorities of the Regional Centre, namely:—
(i) the Board of Governors;
(ii) the Programme Advisory Committee;
(iii) the Executive Committee;
(iv) the Finance Committee;
(v) the Board of Studies; and (vi) such other authorities as may be declared by the Statutes to be the authorities of the Regional Centre.
14. Board of Governors.— (1) There shall be a Board of Governors which shall be responsible for the governance of the Regional Centre.
(2) The Board shall be the apex body of the Regional Centre and shall consist of the following members, namely:—
(a) Secretary to the Government of India in the Ministry of Science and Technology, Department of Biotechnology — ex officio Chairperson;
(b) three eminent scientists in the relevant field not below the rank of Joint Secretar y to the Government of India or equivalent, out of whom at least one shall be a woman, to be nominated by the Central Government — ex officio members;
(c) a representative of the Director-
-General of UNESCO;
(d) two representatives from amongst the other member States of UNESCO, who substantially contribute resources to the running of the Regional Centre, in such manner as may be specified by the Statutes —members.
(3) The Chairperson of the Programme Advisory Committee shall be a permanent invitee of the Board.
(4) The Executive Director of the Regional Centre shall be the Convenor of the meetings of the Board.
(5) The Chairperson shall ordinarily preside
over the meetings of the Board.
(6) The Board shall meet at least once in a year and at such times as the Chairperson may decide in such manner as may be specified by the Statutes.
(7) The term of office of the members of the Board, other than ex officio members, shall be such as may be specified by the Statutes.
(8) Subject to the provisions of this Act and the Statutes and the Ordinances made thereunder, the Board may regulate its own procedure (including quorum) for the conduct of meetings and transacting business.
15. Powers and functions of Board.— Subject to the provisions of this Act, the Board shall have the following powers and functions, namely:—
(a) to approve the annual plan and budget
of the Regional Centre;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017(b) to review, from time to time, the broad policies and programmes of the Regional Centre, and to suggest measures for the improvement and development of the Regional Centre;
(c) to consider the annual report and the annual accounts of the Regional Centre and the audit report on such accounts;
(d) to study and approve the internal procedures, including financial procedure and staff regulations of the Regional Centre;
(e) to approve the organisational structure and number of academic staff and other employees at the Regional Centre;
(f) to convene special consultative sessions of its members, to which it may invite representatives of other interested countries and international organisations in order to obtain proposals for strengthening the scope of services of the Regional Centre;
(g) to carry out projects and activities relevant to the Regional Centre, and to expand the fund-raising strategy and capabilities; and
(h) to frame the Statutes.
16. Powers and functions of Chairperson.— (1) The Chairperson shall exercise such powers and discharge such functions as may be delegated to him by the Board or as may be specified by the Statutes.
(2) If for any reason, the Chairperson is unable to attend any meeting of the Board, any member of the Board nominated by the Chairperson shall preside over the meeting.
17. Programme Advisory Committee.— (1) The Programme Advisory Committee shall be the principal academic body of the Regional Centre and shall, subject to the provisions of this Act, advice planning, execution, review and monitoring of the scientific and academic programmes of the Regional Centre.
(2) The Programme Advisory Committee shall consist of the following members, namely:—
(a) a Chairperson of the Programme Advisory Committee to be nominated by the Board;
(b) two members to be nominated by the UNESCO;
(c) three members to be nominated by rotation, from amongst the member States of UNESCO which provide maximum financial assistance;
(d) two members having expertise and experience in biotechnology policy and legal matters to be nominated by the Central Government;
(e) six members from amongst the persons being renowned scientist or academician, to be nominated by the Board.
(3) The Executive Director shall be the Member —Secretar y, ex officio, to the Programme Advisory Committee.
(4) The Programme Advisory Committee shall be responsible for—
(a) making recommendations on matters of planning and coordinating of the education, training and research activities;
(b) recommending modifications or revision of education, training and research programmes of the Regional Centre and submitting reports thereon;
(c) reviewing annually the programmes of the Regional Centre, evaluating its progress and submitting the repor ts thereon;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017(d) publishing reports on any matter concerning scientific and technical issues referred to it by the Board or by the Executive Director;
(e) performing all such duties and to do all such acts as may be necessary for furtherance of education, training and research under this Act;
(f) framing the Ordinances; and
(g) performing such other functions as
may be specified by the Statutes.
(5) The fees and allowances payable to members of the Programme Advisor y Committee and their term of office shall be such as may be specified by the Statutes.
(6) Subject to the provisions of this Act and the Statutes and Ordinances made thereunder, the Programme Advisory Committee may regulate its own procedure (including quorum) for the conduct of meetings and transacting of its business:
Provided that the Programme Advisory Committee shall place the minutes of its meetings before the Board of Governors.
18. Executive Committee.— (1) The Executive Committee shall be responsible for management of the Regional Centre and implementation of policies and decisions of the Board relating to management.
(2) The constitution, powers and functions of the Executive Committee and the term of office of its members shall be such as may be specified by the Statutes.
19. Finance Committee.— (1) The Finance Committee shall review finances, consider the annual budget estimates, the statements of accounts and the audit reports and make recommendations thereon, to the Board.
(2) The constitution, powers and functions of the Finance Committee and the term of office of its members shall be such as may be specified by the Statutes.
20. Other authorities of Regional Centre.— The constitution, powers and functions of other authorities referred to in clause (vi) of section 13, and the term of office of its members shall be such as may be specified by the Statutes.
21. Board of studies.— The constitution, powers and functions of the Board of Studies and the term of office of its members shall be such as may be specified by the Statutes.
22. Officers of Regional Centre.— The following shall be the officers of the Regional Centre, namely:—
(i) Executive Director;
(ii) Deans;
(iii) Sub-Deans;
(iv) Associate Director (Administration);
(v) Registrar;
(vi) Finance Officer; and
(vii) such other officers as may be declared by the Statutes to be the officers of the Regional Centre.
23. Executive Director.— (1) The Executive Director shall be appointed on the recommendation of the Board in such manner and on such terms and conditions of service, as may be specified by the Statutes.
(2) The Executive Director shall—
(a) be the principal executive and
academic officer of the Regional Centre;
(b) direct the work of the Regional Centre in conformity with the programmes and directives established by the Board;
(c) propose the draft work plan and
budget to be submitted to the Board;
(d) prepare the agenda for the sessions
of the Board;
(e) prepare repor ts on the Regional Centre's activities for submission to the Board; and OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017 (f) exercise such other powers and perform such other functions as may be specified by the Statutes.
(3) The financial powers delegated to the Executive Director by the Board shall be such as may be specified by the Statutes.
(4) The Executive Director may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the Regional Centre by or under this Act and shall repor t to such authority at its next meeting the action taken by him on such matter.
24. Deans and Sub-Deans.— The Deans and Sub-Deans shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be specified by the Statutes.
25. Associate Director (Administration).— (1) The Associate Director (Administration) shall be appointed in such manner, and on such terms and conditions of service, as may be specified by the Statutes.
(2) The Associate Director (Administration) shall have the power to enter into agreements, sign documents and authenticate records on behalf of the Regional Centre and shall exercise such powers and perform such duties, as may be specified by the Statutes.
26. Registrar.— The Registrar shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be specified by the Statutes.
27. Finance officer.— The Finance officer shall be appointed in such manner and on such terms and conditions of service and shall exercise such powers and perform such duties, as may be specified by the Statutes.
28. Other officers.— The manner of appointment and powers and duties and terms and conditions of service of other officers of the Regional Centre, referred to in clause (vii) of section 22, shall be such as may be specified by the Statutes.
29. Grants and loans to Regional Centre.— The Central Government may, af ter due appropriation made by Parliament by law, in this behalf, make to the Regional Centre grants and loans of such sums of money and in such manner as that Government may consider necessary for being utilised for the fulfillment of the objects and purposes of this Act.
30. Fund of Regional Centre.— (1) The Regional Centre shall maintain a Fund to which shall be credited—
(a) all moneys provided by the Central
Government;
(b) all fees and other charges received by
the Regional Centre;
(c) all moneys received by the Regional Centre by way of grants, gifts, donations, benefactions, bequests or transfers; and
(d) all moneys received by the Regional Centre 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 the Regional Centre may, with the approval of the Central Government, decide.
(3) The fund shall be applied for meeting—
(a) the fees and allowances payable to the Chairperson and members of the Board or Chairperson of the Programme Advisory Committee and members of the other committees and the salaries, allowances and other remunerations payable to the academic staff, officers and other employees of the Regional Centre;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017(b) the expenses of the Regional Centre in the discharge of its functions and for the fulfillment of its objects and for purposes as envisaged under this Act.
31. Annual report.— (1) The annual report of the Regional Centre shall be prepared under the directions of the Executive Director, which shall include, among other matters, the steps taken by the Regional Centre towards the fulfillment of its objectives and shall be submitted to the Board on or before such date as may be specified by the Statutes and the Board shall consider the report in its annual meeting.
(2) A copy of the annual report, as prepared under sub-section (1), shall be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
32. Annual accounts.— (1) The annual accounts and the balance sheet of the Regional Centre shall be prepared under the directions of the Board and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India.
(2) A copy of the accounts together with the audit report shall be submitted to the Central Government along with the observations, if any, of the Board.
(3) A copy of the annual report and annual accounts together with the audit report, shall be submitted to the Central Government which shall, as soon as may be, cause the same to be laid before each House of Parliament.
(4) The audited annual accounts, after having been laid before both Houses of Parliament, shall be published in the Official Gazette.
33. Returns and information.— The Regional Centre shall furnish to the Central Government such returns or other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government.
34. Review of functioning of Regional Centre.— (1) There shall be a review of the functioning of the Regional Centre once in every four years by persons of eminence to be appointed by the Central Government.
(2) The Regional Centre shall meet the expenses for conducting the review under sub-section (1) and upon receipt of the report of such review, the Board may take appropriate action.
(3) In addition to the review under sub- -section (1), the Board may conduct review of functioning of administrative and academic wings of the Regional Centre, in such manner and at such intervals, as may be specified by the Statutes.
35. Appointment and conditions of service of employees of Regional Centre.— (1) All appointments of employees of the Regional Centre shall be made in accordance with the procedure laid down in the Statutes, by—
(a) the Board of Governors for the Executive Director, Deans and Sub-Deans;
(b) the Executive Director, in any other case.
(2) The terms and conditions of service of the employees of the Regional Centre, other than the officers referred to in clause (vii) of section 22, shall be such as may be specified by the Statutes.
(3) The terms and conditions of service of the academic staff shall be consistent with such staff engaged in higher education and research at Central Universities.
36. Meetings.— The meetings of the Board, Programme Advisory Committee, Executive OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017 Committee or other committees constituted by the Regional Centre may be held using contemporar y tools of information and communication technologies (including video conferencing) without the members necessarily having to be physically present.
37. Filling of casual vacancies.— All casual vacancies among the members (other than ex officio members) of the authorities under section 13 shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority for the residue of the term for which the person whose place he fills would have been a member.
38. Proceedings of authorities not invalidated by vancanies.— No act or proceedings of any authority of the Regional Centre shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
39. Protection of action taken in good faith.— No suit or other legal proceedings shall lie against any officer or employee of the Regional Centre for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the Statutes, Ordinances or the Regulations made thereunder.
40. Arbitration.— Any dispute arising between the Regional Centre and any of its employees shall, at the first instance, be resolved through such grievance redressal mechanism as may be specified by the Statutes.
41. Power to make Statutes.— (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 countr y, 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, OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017 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;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017(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 the Act.
42. Power to make Ordinances.— (1) Save as other wise provided in this Act, the Ordinances of the Regional Centre shall be made by the Programme Advisor y 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 distinc- tions;
(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.
43. Regulations.— 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.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 201744. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament.— (1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
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.
———!!!———
Department of Science, Technology & Environment ___
Notification
1/24/2010/STE-DIR/467
(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.
The following notifications published in the Gazette of India is hereby published for general information of public:—
(1) G.S.R. 905(E) dated 27-11-2015; (2) S.O. 254(E) dated 25-1-2016.
By order and in the name of the Governor
of Goa.
Agnelo A. J. Fernandes, Director & ex officio
Joint Secretary (Environment).
Porvorim, 10th February, 2017.
————
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
Notification
New Delhi, the 27th November, 2015
45. Power to make Statutes or Ordinances or Regulations retrospectively.— 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.
46. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the provisions of this Act, the Centre 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:
G.S.R. 905(E).— In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules to amend the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996, namely:—
1. (1) These rules may be called the Chemical Accidents (Emergency Planning, Preparedness and Response) Amendment Rules, 2015.
(2) They shall come into force on the date
of their publication in the Official Gazette.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 20172. In the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996, for Schedule 5, the following Schedule shall be substituted, namely:—
"SCHEDULE 5
[See rule 3(2)]
COMPOSITION OF CENTRAL CRISIS GROUP
(i) Secretary, Ministry of Environment Forest and Climate Change– Chairman, ex officio (ii) Joint Secretary or Adviser, Hazardous Substance Management Member-Secretary, ex officio Division in the Ministry of Environment, Forest and Climate Change–
(iii) Principal Labour and Employment Adviser, Ministry of Labour and Member, ex officio Employment–
(iv) Deputy Director General (Occupational Health), Ministry of Health Member, ex officio and Family Welfare–
(v) Chairman, Central Pollution Control Board– Member, ex officio (vi) Fire Advisor, Directorate General Civil Defence, Ministry of Home Member, ex officio Affairs–
(vii) Chief Controller of Explosives, Petroleum and Explosives Safety Member, ex officio Organisation, Nagpur–
(viii) Joint Secretary (Chemicals), Department of Chemicals and Member, ex officio Petrochemicals–
(ix) Joint Secretary (Chemicals), Department of Industrial Policy and Member, ex officio Promotion, Ministry of Commerce and Industry–
(x) Joint Secretary (Plant Protection), Ministry of Agriculture and Member, ex officio Farmers Welfare–
(xi) Joint Secretary (Fertilizers), Ministry of Chemicals and Fertilizers– Member, ex officio (xii) Joint Secretary (Telecommunications), Department of Telecommuni- Member, ex officio cations, Ministry of Communications and Information Technology–
(xiii) Joint Secretary (Transport), Ministry of Road, Transport and Member, ex officio Highways–
(xiv) Joint Secretary (Shipping), Ministry of Shipping– Member, ex officio (xv) Executive Director (Safety), Ministry of Railways (Railway Board)– Member, ex officio (xvi) Joint Secretary (Mitigation), National Disaster Management Authority– Member
(xvii) Director General, Central Scientific and Industrial Research– Member, ex officio (xviii) Two Experts, one each from the field of Industrial Safety and Health, Member
to be nominated by the Central Government–
(xix) Two persons to represent Industries, to be nominated by the Central Member
Government–
(xx) One representative from the Indian Chemical Council– Member".
[F. No. 14-4(210)/2005-HSMD]
BISHWANATH SINHA, Jt. Secy.
Foot Note:- The principal rules were published in the Gazette of India, Extraordinary vide number G.S.R. 347(E), dated the 1st August, 1996.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017Notification
New Delhi, the 25th January, 2016
S.O. 254(E).— Whereas a draft of certain amendments to the Government of India in the Ministry of Environment, Forests and Climate Change number S.O. 763(E), dated the 14th September, 1999 (hereinafter referred to as the said notification) which the Central Government proposes to make under sub- -section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, was published in the Gazette of India, Extraordinary, Part II, section 3, Sub-section (ii), vide S. O. 1396(E), dated the 25th May, 2015 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of sixty days from the date on which copies of the Gazette containing the said draft amendments were made available to the public.
And, whereas copies of the said Gazette were made available to the public on 25th May, 2015;
And, whereas all the objections and suggestions received from all persons likely to be affected thereby in respect of the said draft notification have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments to the said notification, namely:—
1. In the said notification, in paragraph 1:—
(a) in sub-paragraph 1(A), for the words "hundred kilometers", the words "three hundred kilometers" shall be substituted;
(b) in sub-paragraph (3), for the figures and letters "100 km", the words "three hundred kilometers" shall be substituted;
(c) in sub-paragraph (5), for the words "hundred Kilometers", the words "three hundred Kilometers" shall be substituted;
(d) in sub-paragraph (7), for the words "hundred Kilometers", the words "three hundred Kilometers" shall be substituted.
2. In the said notification, in paragraph 2:—
(a) after sub-paragraph (1), the following
proviso shall be inserted, namely:—
"provided further that the restriction to provide 20% of dry ESP fly ash free of cost shall not apply to those thermal power plants which are able to utlise 100% fly ash in the prescribed manner."
(b) after sub-paragraph (7), the following sub-paragraphs shall be inserted, namely:—
"(8) Every coal or lignite based thermal power plants (including captive and or co-generating stations) shall, within three months from the date of notification, upload on their website the details of stock of each type of ash available with them and thereafter shall update the stock position at least once a Month.
(9) Every coal or lignite based thermal power plants shall install dedicated dry ash silos having separate access roads so as to ease the delivery of fly ash.
(10) The cost of transportation of ash for road construction projects or for manu- facturing of ash based products or use as soil conditioner in agriculture activity within a radius of hundred kilometers from a coal or lignite based thermal power plant shall be borne by such coal or lignite based thermal power plant and the cost of transportation beyond the radius of hundred kilometers and up to three hundred kilometers shall be shared equally between the user and the coal or lignite based thermal power plant.
(11) The coal or lignite based thermal power plants shall promote, adopt and set up (financial and other associated infrastructure) the ash based product manufacturing facilities within their OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 47 23RD FEBRUARY, 2017 premises or in the vicinity of their premises so as to reduce the trans- portation of ash.
(12) The coal or lignite based thermal power plants in the vicinity of the cities shall promote, suppor t and assist in setting up of ash based product manufacturing units so as to meet the requirements of bricks and other building construction materials and also to reduce the transportation.
(13) To ensure that the contractor of road construction utilizes the ash in the road, the Authority concerned for road construction shall link the payment of contractor with the certification of ash supply from the thermal power plants.
(14) The coal or lignite based thermal power plants shall within a radius of three hundred kilometers bear the entire cost of transportation of ash to the site of road construction projects under Pradhan Mantri Gramin Sadak Yojna and asset creation programmes of the Government involving construction of buildings, road, dams and embankments".
3. In the said notification, in paragraph 2, sub-paragraph (2A) be read as sub-paragraph (15) and at the end of the said sub-paragraph, the following sub-paragraph shall be added, namely:—
"and the coal or lignite based thermal power plants located in coastal districts shall support, assist or directly engage into construction of shore line protection measures."
4. In the said notification, in paragraph 3, after sub-paragraph (7), the following shall be inserted, namely:—
"(8) It shall be the responsibility of all State Authorities approving various construction projects to ensure that Memorandum of understanding or any other arrangement for using fly ash or fly ash based products is made between the thermal power plants and the construction agency or contractors.
(9) The State Authorities shall amend Building Bye Laws of the cities having population One million or more so as to ensure the mandatory use of ash based bricks keeping in view the specifications necessary as per technical requirements for load bearing structures.
(10) The concerned Authority shall ensure mandatory use of ash based bricks or products in all Government Scheme or programmes e.g. Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MNREGA), SWACHH BHARAT ABIYAN, Urban and Rural Housing Scheme, where built up area is more than 1000 square feet and in infrastructure construction including buildings in designated industrial Estates or Parks or Special Economic Zone.
(11) The Ministry of Agriculture may consider the promotion of ash utilisation in agriculture as soil conditioner."
5. The time period to comply with the above provisions by all concerned authorities is 31st December, 2017. The coal or lignite based thermal power plants shall comply with the above provision in addition to 100% utilization of fly ash generated by them before 31st December, 2017.
[F. No. 9-8/2005-HSMD]
BISHWANATH SINHA, Jt. Secy.
Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) vide notification S. O. 763(E), dated the 14th September, 1999 and was subsequently amended vide notification S. O. 979(E), dated the 27th August, 2003 and S. O. 2804(E), dated the 3rd November, 2009.
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