REGISTERED NO. DL-33004/2001
The Gazette of India
EXTRAORDINARY
PART II —Section 1
PUBLISHED BY AUTHORITY
No. 69] NEW DELHI, SUNDAY, DECEMBER 30, 2001 / PAUSA 9,1923
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 30th December, 200\/Pausa 9, 1923 (Saka)
THE INSTITUTES OF TECHNOLOGY (AMENDMENT) SECOND ORDINANCE, 2001
No. 10 OF 2001
Promulgated by the President in the Fifty-second Year of the Republic of India,
An Ordinance further to amend the Institutes of Technology Act, 1961.
WHEREAS the Institutes of Technology (Amendment) Ordinance, 2001 further to amend the Institutes of Technology Act, 1961 was promulgated by the President on the 21st day of September, 2001;
AND WHEREAS the Institutes of Technology Bill, 2001 was introduced in the
Council of States, but has not been passed;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action to give further continued effect to the provisions of the said Ordinance;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-1. (7) This Ordinance may be called the Institutes of Technology (Amendment) Second Ordinance, 2001.
Short title and corn- men cement.
(2) It shall be deemed to have come into force on the 21 st day of September, 2001.
59 of 1961.
Amendment of section 2.
2. In section 2 of the Institutes of Technology Act, 1961 (hereinafter referred to as the principal Act), for the words' "Kanpur and the Indian Institute of Technology, Madras", the words "Kanpur, the Indian Institute of Technology, Madras and the Indian Institute of Technology, Roorkee" shall be substituted.
3. In section 3 of the principal Act,-
Amendment of section 3.
(a) in clause (c),-
(0 the word "and" appearing at the end of sub-clause (ii) shall be omitted;
(it) in sub-clause (Hi), after the words "the Indian Institute of Technology,
Madras;", the word "and" shall be inserted; and
(ill) after sub-clause (///), the following sub-clause shall be inserted,
namely:-
"(rv) in relation to the University of Roorkee, Roorkee, the Indian
Institute of Technology, Roorkee;";
(b) after clause (k), the following clause shall be inserted, namely:-
'(l) "University of Roorkee" means the University of Roorkee
established under the Roorkee University Act, 1947.'. UP. Act IX of
1948. 4. In section 4 of the principal Act, after sub-section (IB), the following sub-
section shall be inserted, namely:-
Amendment of section 4.
%/C) The University of Roorkee, Roorkee shall, on such incorporation, be
called the Indian Institute of Technology. Roorkee.".
5. After section 5 of the principal Act, the following section shall be inserted,
Insertion of new section 5 A.
namely:-
"5A. On and from the commencement of the Institutes of Technology
(Amendment) Second Ordinance, 2001,-
Effectof incorporation of Institute of Technology, Roorkee.
(a) any reference to the University of Roorkee in any law (other than this Ordinance) or in any contract or other instrument shall be deemed as a reference to the Indian Institute of Technology, Roorkee; '
(b) all property, movable and immovable, of or belonging to the University
of Roorkee, shall vest in the Indian Institute of Technology, Roorkee;
(c) all rights and liabilities of the University of Roorkee shall be transferred to, and be the rights and liabilities of, the Indian Institute of Technology, Roorkee;
(d) every person employed by the University of Roorkee immediately
before such commencement shall hold his office or service in the Indian Institute of Technology, Roorkee by the same tenure, at the sameSEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 3 remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Ordinance had not been promulgated and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Indian Institute of Technology, Roorkee in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Indian Institute of Technology, Roorkee of compensation equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in the case of other employees:
Provided further that any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of the University of Roorkee in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the Director and the Deputy Director, respectively, of the Indian Institute of Technology, Roorkee; and
U.P.Act IX of 1948.
(e) on the commencement of the Institutes of Technology (Amendment) Second Ordinance, 2001, the Vice-Chancel lor of the University of Roorkee, appointed under the provisions of the Roorkee University Act, 1947 shall be deemed to have been appointed as Director under the Ordinance, and shall hold office for a period of three months or till such time the Director is appointed, whichever is earlier.
Explanation.~The reference in this section to the commencement of this Ordinance shall be construed in relation to the Indian Institute of Technology, Roorkee as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Second Ordinance, 2001 come into force.".
6. In section 38 of the principal Act,-
Amendment of section 38.
(a) after clause (d), the following clauses shall be inserted, namely:-
"(e) the Syndicate of the University of Roorkee functioning as such immediately before the commencement of this Ordinance shall continue to so function until a new Board is constituted for the Indian Institute of Technology, Roorkee under this Ordinance, but on the constitution of a new Board under this Ordinance, the members of the Syndicate holding office before such constitution shall cease to hold office;'
(/) the Academic Council of the University of Roorkee functioning as such immediately before the commencement of this Ordinance shall continue to so function until a new Senate is constituted for the Indian Institute of Technology, Roorkee under this Ordinance, but on the constitution of a new Senate under this Ordinance, the members of the Academic Council holding office before such constitution shall cease to hold office;
(g) until the first Statutes and the Ordinances in relation to the Indian Institute of Technology, Roorkee are made under this Ordinance, the Statutes and Ordinances of the Indian Institute of Technology, Bombay as4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1) in force immediately before the commencement, of the Institutes of Technology (Amendment) Second Ordinance, 2001 shall apply to the Indian Institute of Technology, Roorkee with the necessary modifications and adaptations in so far as they arc not inconsistent with the provisions of this Ordinance;
(ft) notwithstanding anything contained in the Institutes of Technology (Amendment) Second Ordinance, 2001, any student who joined classes of the University of Roorkee on or after the commencement of 1994-95 academic session shall, for the purpose of clause (b) of sub-section (/) of section 6, be deemed to have pursued a course of study in the Indian Institute of Technology, Roorkee provided that such student has not already been awarded degree or diploma for the same course of study;
(/) if any difficulty arises in giving effect to the provisions ot the Institutes of Technology (Amendment) Second Ordinance, 2001, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Ordinance as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this clause after the expiry of two years from the commencement of the Institutes of Technology (Amendment) Second Ordinance, 2001:
Provided further that every order made under this clause shall be laid, as
soon as may be after it is made, before each House of Parliament.".
(b) Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, nameiy:-
"Explanation 2.- The reference in clauses (c) and (f) of this section to the commencement of this Ordinance shall be construed in relation to the Indian Institute of Technology, Roorkee as the reference to the date on which the provisions of the Institutes of Technology (Amendment) Second Ordinance, 2001 come into force.".
7. (/) The Roorkee University Act, 1947 is hereby repealed.
Repeal and savings.
U.PActIXof 1948. 10 of 1897.
(2) The provisions of the General Clauses Act, 1897 shall apply to the repeal of
the said Act as if the said Act were a Central Act.
Ord. 6 of 2001.
(5) The Institutes of Technology (Amendment) Ordinance,, 2001 is hereby
repealed
(4) Notwithstanding such repeal, anything done or any action taken under the repealed Ordinance shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Ordinance.
K.R. NARAYANAN,
President.
SUBHASH C.JAIN, Secy, to the Govt, of India.
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS (PLU), MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2001.
MGIPfPLUiMRND—4/