1935

Panaji, 23rd February, 2017 (Phalguna 4, 1938)

SERIES I No. 47

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

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

Sections

1. Short title and commencement.

2. Definitions.

3. Establishment and incorporation of Regional

Centre for Biotechnology.

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.

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.

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

INDEX

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 47

23RD FEBRUARY, 2017

1936

Sections

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

ACT

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.

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 imparting

education, training or conducting research

in the Regional Centre for Biotechnology;

(b) “Board” means the Board of Governors

constituted under section 14;

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;

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SERIES I No. 47

23RD FEBRUARY, 2017

1937

(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

the

areas

of Biotechnology and supported by

the Government of India or industry

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;

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;

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1938

(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) every 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.

(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

service 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;

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)

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;

to drive innovation in biotechnology

particularly in areas of new opportunities

and to fill talent gap in deficient areas;

(d)

undertake

research

and

development and scientific investigations

14 of 1947.

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1939

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;

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

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1940

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

Eminence,

Honorary

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 properties, 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

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1941

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

Secretary 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;

-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;

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1942

(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;

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

order

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;

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 —Secretary, 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;

of the Regional Centre, evaluating its

progress and submitting the reports

thereon;

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1943

(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 Advisory

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;

budget to be submitted to the Board;

(d) prepare the agenda for the sessions

of the Board;

(e) prepare reports on the Regional

Centre’s activities for submission to the

Board; and

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1944

(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 report 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, after 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;

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

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23RD FEBRUARY, 2017

1945

(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

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23RD FEBRUARY, 2017

1946

Committee or other committees constituted

by the Regional Centre may be held using

contemporary 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;

institution of higher learning within India

and to withdraw such recognition under

clause (f) of sub-section (1) of section 10;

(d) period for appointment of persons

working in any other institution, including

those located outside the country, as

academic staff of the Regional Centre under

clause (g) of sub-section (1) of section 10;

(e) to create administrative, technical and

other posts under clause (h) of sub-section

(1) of section 10;

(f) the manner and purposes of co-

-operation or collaboration or association

with any institution, including those located

outside the country, under clause (i) of

sub-section (1) of section 10;

(g) to establish and maintain centres and

specialised laboratories or other units for

research, development and instruction

in India or outside India, clause (j) of

sub-section (1) of section 10;

(h) to institute and award fellowships,

scholarships, studentships, medals and

prizes, under clause (k) of sub-section (1) of

section 10;

(i) the manner of entering into

agreements with other institutions,

OFFICIAL GAZETTE — GOVT. OF GOA

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23RD FEBRUARY, 2017

1947

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

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23RD FEBRUARY, 2017

1948

(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 otherwise provided in this Act, the

Ordinances of the Regional Centre shall

be made by the Programme Advisory

Committee.

(2) Subject to the provisions of this Act

and the Statutes made thereunder, the

Ordinances of the Regional Centre may

provide for all or any of the following

matters, namely:—

(a) admission of students from within

India and from the region to the Regional

Centre and their enrolment as such;

(b) the course of study;

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

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23RD FEBRUARY, 2017

1949

44. 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.

(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.

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:

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

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

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, 2017

1950

2. 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, 2017

1951

Notification

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;

“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

1952

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, support 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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