Short title and

commencement.

LOK SABHA

————

The following Bill was introduced in Lok Sabha on 2nd December, 2014:—

BILL NO. 136 OF 2014

A Bill to establish and declare Schools of Planning and Architecture as Institutions of

national importance in order to promote education and research in architectural

studies including planning of human settlements.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the School of Planning and Architecture Act, 2014.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint and different dates may be appointed for different provisions

of this Act, and any reference to the commencement in any such provision of this Act shall

be construed as a reference to the commencement of that provision.

2. Whereas the objects of the Schools mentioned in the Schedule are such as to make

them Institutions of national importance, it is hereby declared that each such School is an

Institution of national importance.

Declaration of

certain

Schools as

Institutions of

national

importance.

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REGISTERED NO. DL—(N)04/0007/2003—14

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EXTRAORDINARY

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PART II — Section 2

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PUBLISHED BY AUTHORITY

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No. 34] NEW DELHI, TUESDAY, DECEMBER 2, 2014/AGRAHAYANA 11, 1936 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

3. In this Act, unless the context otherwise requires,—

(a) “Board”, in relation to any School, means the Board of Governors thereof;

(b) “Chairperson” means the Chairperson of the Board;

the Schedule, means the School as specified against the first said School in column (5)

of the Schedule;

(d) “Council” means the Council established under sub-section (1) of section 33;

(e) “Director”, in relation to any School, means the Director thereof;

(f) “existing School” means the School mentioned under column (3) of the

Schedule;

(g) “Member” means a Member of the Board and includes the Chairperson;

(h) “notification” means a notification published in the Official Gazette and the

expression “notify” with its grammatical variations and cognate expressions shall be

construed accordingly;

(i) “prescribed” means prescribed by rules made under this Act;

(j) “Registrar”, in relation to any School, means the Registrar thereof;

(k) “Schedule” means the Schedule annexed to this Act;

(l) “School” means any of the Schools mentioned in column (5) of the Schedule

and such other Schools established under this Act;

(m) “Senate”, in relation to any School, means the Senate thereof;

(n) “Society”, means any of the societies registered under the Societies

Registration Act, 1860 or under the societies of respective State Governments and

mentioned in column (3) of the Schedule;

(o) “Statutes” and “Ordinances”, in relation to any School, means the Statutes

and Ordinances of that School made under this Act.

CHAPTER II

THE SCHOOLS

4. On and from the date of commencement of this Act, the Schools specified in

column (3) of the Schedule, shall be the body corporates having perpetual succession and

a common seal with the power subject to the provisions of this Act, to acquire, hold and

dispose of property, both movable and immovable and to contract and shall by their

respective names mentioned in column (5) of the Schedule, sue or be sued.

5. Each School shall have the following objects, namely:—

(i) to support the establishment and development of Schools of Planning and

Architecture;

(ii) to provide global leadership in the field of architecture, planning and allied

fields.

6. On and from the commencement of this Act,—

(a) any reference to any existing School in any contract or other instrument shall

be deemed as a reference to the corresponding School;

(b) all properties, movable and immovable, of or belonging to every existing

School shall vest in the corresponding School mentioned under column (5) of the

Schedule;

Definitions.

Establishment

and

incorporation

of Schools.

Objects of

School.

Effect of

incorporation

of Schools.

21 of 1860.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

transferred to, and be the rights and liabilities of, the corresponding School;

(d) every person employed by every existing School shall hold his office or

service in the corresponding School with the same tenure, at the same 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 if this

Act had not been enacted 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 School 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 School, of compensation equivalent to three months’ remuneration in

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 Director,

Registrar and other officers of an existing School 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, Registrar and other officers of the corresponding School;

(e) every person pursuing, before the commencement of this Act, any academic

or research course in every existing School, shall be deemed to have migrated and

registered with the corresponding School on such commencement at the same level of

study in the School from which such person migrated;

(f) all suits and other legal proceedings instituted or which could have been

instituted by or against an existing School, immediately before the commencement of

this Act shall be continued or instituted by or against the corresponding School.

7. (1) Subject to the provisions of this Act, every School shall exercise the powers and

perform the duties as specified below, namely:—

(a) to organise and undertake research and innovations in architecture, planning,

design and allied activities in such manner as the School may think fit, including in

collaboration or association with any other School, educational institution, research

organisation or body corporate;

(b) to hold examinations and grant degrees, diplomas, certificates and other

degrees;

or other academic distinctions or titles;

(d) to fix, demand and receive fees and other charges;

(e) to establish, maintain and manage halls and hostels for the residence of

students;

(f) to supervise and control the residence and regulate the discipline of students

of the School and to make arrangements for promoting their health, general welfare and

culture and corporate life;

(g) to notify academic and other posts with the prior approval of the Central

Government and to make appointment thereto excluding the post of Director;

(h) to appoint persons working in any other School or educational institution or

involved in research of significance in any industry as adjunct, guest or visiting

teachers of the School on such terms and for such duration as the School may decide;

(i) to frame Statutes and Ordinances and to alter, modify or rescind the same;

Powers and

functions of

Schools.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(j) to establish and maintain such infrastructure as may be necessary;

(k) to deal with any property belonging to or vested in the School in such

manner as the School may deem fit for advancing the objects of the School;

(l) to manage the fund of the School and receive gifts, grants, donations or

benefactions from the Government and to receive bequests, donations and transfers

of movable or immovable properties from testators or donors or transferors, as the

case may be;

(m) to co-operate with educational or other institutions in any part of the world

having objects wholly or partly similar to those of the School by exchange of teachers,

students and scholars and generally in such manner as may be conducive to their

common objects on such terms as may be specified from time to time by the Senate;

(n) to undertake consultancy in the areas or disciplines relating to the School for

promotion of its common objectives; and

(o) to do all such things as may be necessary, incidental or conducive to the

attainment of all or any of the objects of the School.

(2) Notwithstanding anything contained in sub-section (1), a School shall not dispose

of in any manner any immovable property without the prior approval of the Central

Government.

8. (1) Every School shall be open to persons of either sex and of whatever race, creed,

caste or class, religion, disability, domicile, ethnicity, social or economic background.

(2) No bequest, donation or transfer of any property shall be accepted by any School,

which in the opinion of the Council involves conditions or obligations opposed to the spirit

and object of this section.

9. All teaching at each of the Schools shall be conducted by or in the name of the

School in accordance with the Statutes and Ordinances made in this behalf.

10. Each School shall be a not-for-profit legal entity and no part of the surplus, if any,

in revenue of such School, after meeting all expenditure in regard to its operations under

this Act, shall be invested for any purpose other than for the growth and development of

such School or for conducting research therein.

11. (1) The President of India shall be the Visitor of every School.

(2) The Visitor may appoint one or more persons to review the work and progress of

any School and to hold inquiries into the affairs thereof and to report thereon in such

manner as the Visitor may direct.

(3) Upon receipt of any such report, the Visitor may take such action and issue such

directions as he considers necessary in respect of any of the matters dealt with in the report

and the School shall be bound to comply with such directions within reasonable time.

CHAPTER III

THE AUTHORITIES OF SCHOOLS

12. The following shall be the authorities of a School, namely:—

(a) a Board of Governors;

(b) a Senate; and

of the School.

13. (1) The Board of each School shall be the principal executive body of that School.

Schools to be

open to all

races, creeds

and classes.

Teaching at

Schools.

School to be a

distinct legal

entity not-

for-profit.

Visitor.

Authorities of

Schools.

Board of

Governors.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) The Board of every School shall consist of the following Members, namely:—

(a) Chairperson to be appointed by the Visitor from among a panel of three

names recommended by the Central Government who shall be an eminent Architect or

Planner;

(b) Principal Secretary or Secretary, Technical Education or Higher Education of

the respective State Government or Union territory in which the School is situated;

by the President of the Institute of Town Planners, India;

(d) one representative from the Council of Architecture to be nominated by the

President of the Council of Architecture;

(e) a representative from the All India Council for Technical Education to be

nominated by the Chairman of All India Council of Technical Education;

(f) a representative of the University Grants Commission;

(g) one expert from the professions of architecture or landscape architecture or

urban design and one from Urban and Regional Planning nominated by the Council of

School of Planning and Architecture;

(h) two representatives from Senate; one each from Department of Planning and

Department of Architecture, by rotation, for a period of two years, in order of seniority;

(i) two persons not below the rank of Joint Secretary to the Government of India

to be nominated by the Central Government from amongst persons dealing with technical

education and finance or their nominee, ex officio;

(j) one person not below the rank of Joint Secretary to the Government of India

to be nominated by the Government of India, Ministry of Urban Development;

(k) the Director of the School, Member, ex officio;

(l) the Registrar of the School shall act as a Secretary to the Board.

14. Save as otherwise provided in this section—

(a) the term of office of the Chairperson or any other Members of the Board shall

be five years from the date of his nomination;

(b) the term of office of an ex officio Member shall continue so long as he holds

the office by virtue of which he is a Member;

be two years from the date of nomination or till he holds the office whichever is earlier;

(d) a casual vacancy of a Member shall be filled up in accordance with the

provisions of section 13;

(e) the term of office of a Member nominated to fill a casual vacancy shall

continue for the remainder of the term of the Member in whose place he has been

nominated; and

(f) the Members of the Board shall be entitled to such allowances, if any, from

the School as may be specified in the Statutes, for attending meetings of the Board or

as may be convened by the School but no Member other than the Members referred to

in clauses (h), (k) and (l) of sub-section (2) of section 13 shall be entitled to any salary

by reason of this clause.

15. (1) Subject to the provisions of this Act, the Board of every School shall be

responsible for the general superintendence, direction and control of the affairs of the

School and shall have all the powers of School not otherwise provided for by this Act, the

Statutes and the Ordinances, and shall have the power to review the acts of the Senate.

Term of office

of vacancies

among, and

allowances

payable to

Members of

Board.

Powers and

functions of

Board.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) Without prejudice to the provisions of sub-section (1), the Board of every School

shall have the following powers, namely:—

(a) take decisions on questions of policy relating to the administration and

working of the School;

(b) establish departments, faculties or schools of studies and initiate programmes

or courses of study at the School;

such School;

(d) appoint persons to academic and non academic section of the School;

(e) consider and modify or cancel Ordinances;

(f) consider and pass resolutions on the annual report, the audited accounts and

the budget estimates of the School for the next financial year as it thinks fit and submit

them to the Council together with a statement of its development plans;

(g) provide, by Statutes, the qualifications, criteria and processes for appointment

to teaching and other posts in such School;

(h) exercise such other powers and perform such other duties as may be conferred

or imposed upon it by this Act or the Statutes.

(3) The Board shall have the power to appoint such committees, as it considers

necessary for the exercise of its powers and the performance of its duties under this Act.

(4) The Board shall conduct an annual review of the performance of the Director with

specific reference to his leadership in the context of the achievement of the objects of the

School.

(5) The Board shall in exercise of powers and discharge of functions strive, to the

extent possible, to provide autonomy in academic matters to the Senate and Departments or

Faculties or Schools, as the case may be.

(6) Where in the opinion of the Director or the Chairperson, the situation is so emergent

that an immediate decision needs to be taken in the interest of the School, the Chairperson,

on the recommendation of the Director may issue such orders as may be necessary, recording

the grounds in his opinion:

Provided that such orders shall be submitted for ratification of the Board in the next

meeting.

16. (1) The Senate of every School shall consist of the following persons, namely:–

(a) the Director of the School, Chairman of the Senate, ex officio;

(b) five persons, from amongst the educationists of repute or eminent

professionals, who are not in the service of the School, nominated by the Chairperson

of the Board of Governers;

(d) a nominee of the Council of Architecture;

(e) a nominee of All India Council for Technical Education;

(f) Dean in charge of academic, research, student affairs, faculty welfare and

planning and development of the School;

(g) all the Heads of the Departments;

(h) all Professors other than the Heads of the Departments;

(i) four Members of the teaching staff, representing Associate Professors and

the Assistant Professors of the School, by rotation, for a period of two years:

Senate.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that an employee of the School shall not be eligible for the membership

referred to in clauses (b), (c), (d) and (e).

(2) The term of the Members of the Senate other than ex officio Members shall be two

years.

17. (1) Subject to the provision of this Act, the Statutes and the Ordinances, the

Senate of a School shall be the principal academic body of the School and be responsible

for the maintenance of standards of instruction, education and examination in the School

and shall have such other powers and perform such other duties as may be conferred or

imposed upon it by the Statutes.

(2) Without prejudice to the provisions of sub-section (1), the Senate shall have the

following powers, namely:—

(a) to specify the criteria and process for admission to courses or programmes of

study offered by the School;

(b) to recommend to the Board for creation of teaching and other academic

posts, determination of the number and emoluments of such posts and defining the

duties and conditions of service of teachers and other academic posts;

courses of study;

(d) to specify the broad academic content of programmes and courses of study

and to undertake modifications therein;

(e) to specify the academic calendar and approve grant of degrees, diplomas and

other academic distinctions or titles;

(f) to exercise such other powers and discharge such other functions as may be

assigned to it, by Statutes or by the Board.

18. (1) The Chairperson shall ordinarily preside at the meeting of the Board and at the

convocations of the School.

(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the

Board are implemented.

(3) The Chairperson shall exercise such other powers and perform such other duties

as may be assigned to him by this Act or the Statutes.

19. (1) The Director of a School shall be appointed by the Central Government with

the prior approval of the Visitor, on such terms and conditions of service as may be provided

by the Statutes.

(2) The Director shall be the principal academic and executive officer of the School

and shall be responsible for the implementation of the decisions of the Board and Senate

and day-to-day administration of the School.

(3) The Director shall exercise such other powers and perform such other duties as

may be assigned to him by this Act or the Statutes or delegated by the Board or the Senate

or the Ordinances.

(4) The Director shall submit annual reports and audited accounts to the Board.

20. (1) The Registrar of every School shall be appointed on such terms and conditions

as may be laid down by the Statutes and shall be the custodian of records, the common seal,

the funds of the School and such other property of the School as the Board shall commit to

his charge.

(2) The Registrar shall act as the Secretary of the Board, Senate and such committees

as may be prescribed by the Statutes.

Functions of

Senate.

Chairperson

of Board.

Director.

Registrar.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(3) The Registrar shall be responsible to the Director for the proper discharge of his

functions.

(4) The Registrar shall exercise such other powers and perform such other duties as

may be assigned to him by this Act or the Statutes or by the Director.

21. The powers and duties of authorities and officers other than those mentioned

above shall be determined by the Statutes.

22. (1) Every School shall, within seven years from the establishment and incorporation

of School under this Act and thereafter at the expiration of every fifth year, constitute, with

the prior approval of the Central Government, a Committee to evaluate and review the

performance of the School in achievement of its objects in the said period.

(2) The Committee constituted under sub-section (1) shall consist of members of

acknowledged repute in academia or industry, drawn from such fields of knowledge as may

have relevance to teaching, learning and research in such School.

(3) The Committee shall assess the performance of School and make recommendations

to the Board in accordance with the provisions laid down in Statutes.

23. For the purpose of enabling the Schools to discharge their functions efficiently

under this Act, the Central Government may, after due appropriation made by Parliament by

law in this behalf, pay to every School in each financial year such sums of money in such

manner as it may think fit.

CHAPTER IV

ACCOUNTS AND AUDIT

24. (1) Every School shall maintain a Fund to which shall be credited to—

(a) all moneys provided by the Central Government;

(b) all fees and other charges received by the School;

benefactions, bequests or transfers;

(d) all moneys received by the School from utilisation of intellectual property

arising from research conducted or provision of advisory or consultancy services by

it; and

(e) all moneys received by the School in any other manner or from any other

source.

(2) All moneys credited to the Fund of every School shall be deposited in such banks

or invested in such manner as the School may, with the approval of the Finance Committee

and the governing body, decide.

(3) The fund of any School shall be applied towards meeting the expenses of the

School, including expenses incurred in the exercise of its powers and discharge of its duties

under this Act.

25. (1) Every School shall maintain proper accounts and other relevant records and

prepare annual statement of accounts including the balance sheet in such form and accounting

standard as may be specified by notification, by the Central Government in consultation

with the Comptroller and Auditor-General of India.

(2) Where the statement of income and expenditure and the balance sheet of the

School do not comply with the accounting standards, the School shall disclose in its

statement of income and expenditure and balance sheet, the following, namely:—

(a) the deviation from the accounting standards;

Other

authorities

and officers.

Review of

performance

of School.

Grants by

Central

Government.

Fund of

School.

Accounts and

audit.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) the reasons for such deviation; and

(3) The accounts of every School shall be audited by the Comptroller and Auditor-

General of India and any expenditure incurred by audit team in connection with such audit

shall be payable by the School to the Comptroller and Auditor-General of India.

(4) The Comptroller and Auditor-General of India and any person appointed by him

in connection with the audit of the accounts of the School shall have the same rights,

privileges and authority in connection with such audit as the Comptroller and Auditor-

General of India has in connection with the audit of the Government accounts and, in

particular shall have the rights to demand the production of books, accounts, connected

vouchers and other documents and papers and to inspect the offices of the School.

(5) The accounts of every School as certified by the Comptroller and Auditor-General

of India or any other person appointed by him in this behalf together with the audit report

thereon shall be forwarded annually to the Central Government and that Government shall

cause the same to be laid before each House of Parliament in accordance with such procedure

as may be laid down by the Central Government.

26. (1) Every School may constitute for the benefit of its employees such provident or

pension fund or provide such insurance scheme as it may deem fit in such manner and

subject to such conditions as may be prescribed by the Statutes.

(2) Where such provident fund or pension fund has been so constituted, the Central

Government may declare that the provisions of the Provident Funds Act, 1925, shall apply

to such fund, as if it were a Government provident fund.

27. All appointments of the staff of every School, except that of the Director, shall be

made in accordance with the procedure laid down in the Statutes, by:—

(a) the Board, if the appointment is made on the academic staff in the post of

Assistant Professor or if the appointment is made on the non-academic staff in every

cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for

Group ‘A’ Officers;

(b) the Director, in any other case.

28. Subject to the provisions of this Act, the Statutes may provide for all or any of the

following matters, namely:—

(a) the conferment of honorary degrees;

(b) the formation of departments of teaching and centres for research;

to the examinations of degrees and diplomas of the School;

(d) the institution of fellowship, scholarships, exhibitions, medals and prizes;

(e) the term of office and the method of appointment of officers of the School;

(f) the qualifications of teachers of the School;

(g) the classification, the method of appointment and the determination of the

terms and conditions of service of teachers and other staff of the School;

(h) the constitution of pension, insurance and provident funds for the benefit of

the officers, teachers and other staff of the School;

(i) the constitution, powers and duties of the authorities of the School;

(j) the establishment and maintenance of halls and hostels;

Pension and

provident

fund.

Appointments.

Statutes.

19 of 1925.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(k) the conditions of residence of students of the School and the levying of fees

for residence in the halls and hostels and of other charges;

(l) the allowances to be paid to the Chairperson and Members of the Board;

(m) the authentication of the orders and decisions of the Board; and

(n) the meetings of the Board, the Senate, or any Committee, the quorum at such

meetings and the procedure to be followed in the conduct of their business.

29. (1) The first Statutes of each School shall be framed by the Central Government

with the approval of the Visitor and a copy of the same shall be laid as soon as may be before

each House of Parliament.

(2) The Board may, from time to time, make new or additional Statutes or may amend

or repeal the Statutes in the manner provided in this section.

(3) Every new Statutes or addition to the Statutes or any amendment or repeal of

Statutes shall require the prior approval of the Visitor who may grant assent or withhold

assent or remit it to the Board for consideration.

(4) New Statutes or a Statute amending or repealing an existing Statute shall have no

validity unless it has been assented to by the Visitor:

Provided that the Central Government with the prior approval of the Visitor may

frame or amend the Statutes for the School, if the same is required for uniformity and a copy

of the same shall be laid as soon as may be before each House of Parliament.

30. Subject to the provisions of this Act and the Statutes, the Ordinances of every

School may provide for all or any of the following matters, namely:—

(a) the admission of the students to the School;

(b) the courses of study to be laid down for all degrees and diplomas of the

School;

diploma courses and to the examinations of the School, and shall be eligible for degrees

and diplomas;

(d) the conditions of award of the fellowships, scholarships, exhibitions, medals

and prizes;

(e) the conditions and mode of appointment and duties of examining bodies,

examiners and moderators;

(f) the conduct of examinations;

(g) the maintenance of discipline among the students of the School; and

(h) any other matter which by this Act or the Statutes is to be or may be provided

for by the Ordinances.

31. (1) Save as otherwise provided in this section, Ordinances shall be made by the

Senate.

(2) All Ordinances made by the Senate shall have effect from such date as it may

direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and

shall be considered by the Board at its next meeting.

(3) The Board shall have power by resolution to modify or cancel any such Ordinance

and such Ordinance shall from the date of such resolution stand modified accordingly or

cancelled, as the case may be.

Statutes how

made.

Ordinances.

Ordinances

how made.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

32. (1) Any dispute arising out of a contract between a School and any of its employees

shall, at the request of the employee concerned or at the instance of the School, be referred

to a Tribunal of Arbitration consisting of one Member appointed by the School, one Member

nominated by the employee, and an umpire appointed by the Visitor.

(2) The decision of the Tribunal shall be final and shall not be questioned in any

court.

(3) No suit or proceeding shall lie in any court in respect of any matter, which is

required by sub-section (1) to be referred to the Tribunal of Arbitration.

(4) The Tribunal of Arbitration shall have power to regulate its own procedure:

Provided that the Tribunal shall have regard to the principles of natural justice while

making such procedure.

(5) Nothing in any other law for the time being in force relating to arbitration shall

apply to arbitrations under this section.

CHAPTER V

THE COUNCIL

33. (1) With effect from such date as the Central Government may, by notification,

specify in this behalf, there shall be established for all Schools specified in column (3) of the

Schedule, a central body to be called the Council.

(2) The Council shall consist of the following members, namely:—

(a) the Minister in charge of the Ministry or Department of the Central Government

having administrative control of the technical education, ex officio, as Chairperson;

(b) two Members of the Parliament of India (one Member to be nominated by

the Speaker of Lok Sabha and one member to be nominated by the Chairman of

Rajya Sabha), ex officio;

Department of the Central Government having administrative control of the technical

education, ex officio, as Vice-Chairperson;

(d) the Chairperson of every Board, ex officio;

(e) the Director of every School, ex officio;

(f) the Chairman, University Grants Commission, ex officio;

(g) the President, Council of Architecture, New Delhi, ex officio;

(h) the President, Institute of Town Planners, India, ex officio;

(i) the Chairman, Indian Institute of Architects, ex officio;

(j) the President, Institution of Surveyors of India, ex officio;

(k) two Secretaries to the Government of India to represent the Ministries or

Departments of the Central Government dealing with Urban Development and Defence,

ex officio;

(l) the Chairman, All India Council for Technical Education, ex officio;

(m) three persons to be nominated by the Visitor, at least one of whom shall be a

woman, having special knowledge or practical experience in respect of Architecture or

Landscape Architecture or Urban Design and one from Urban and Regional Planning,

ex officio;

(n) two Secretaries to the State Government, from amongst the Ministries or

Departments of that Government dealing with technical education where the Schools

are located, ex officio;

Tribunal of

Arbitration.

Establishment

of Council for

Schools.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(o) Financial Advisor, dealing with the Ministry of Human Resource Development,

Department of the Central Government, ex officio; and

(p) one officer not below the rank of Joint Secretary to the Government of India

in the Ministry or Department of the Central Government having administrative control

of the Technical Education, ex officio, as Member Secretary.

(3) The Council shall have a Secretariat with officials to be appointed by the Statutes.

(4) The Council, may, constitute a Standing Committee of the School of Planning and

Architecture Council to assist the Council in discharge of its duties and responsibilities.

34. (1) Save as otherwise provided in this section, the term of office of a Member of

the Council, other than an ex officio Member, shall be three years from the date of notification.

(2) The terms of office of an ex officio Member shall continue so long as he holds

office by virtue of which he is such a Member.

(3) The term of office of a member nominated under clause (b) of sub-section (2) of

section 33 shall expire as soon as he ceases to be Member of the House, which elected him.

(4) The term of office of a Member of the Council nominated or elected to fill a casual

vacancy shall continue for the remainder of the term of the Member in whose place he has

been appointed.

(5) Notwithstanding anything contained in this section an outgoing Member of the

Council shall, unless the Central Government otherwise directs, continue in office until

another person is appointed as a Member in his place.

(6) The members of the Council shall be entitled to such travelling and other

allowances, as may be prescribed, for attending meetings of the Council or the Committees

thereof.

35. (1) It shall be the general duty of the Council to co-ordinate the activities of all the

Schools.

(2) Without prejudice to the provisions of sub-section (1), the Council shall perform

the following functions, namely:—

(a) to advise on policy matters relating to the duration of the courses, the

degrees and other academic distinctions to be conferred by the Schools, admission

standards and other academic matters;

(b) to recommend to the Central Government, proposals for establishment of

new Schools of Planning and Architecture;

referred to it by any School;

(d) to lay down policy regarding cadres, methods of recruitment and conditions

of service of employees, institution of scholarships and freeships, levying of fees

and other matters of common interest;

(e) to examine the development plans of each School and to approve such of

them as are considered necessary and also to indicate broadly the financial implications

of such approved plans;

(f) to advise the Visitor, if so required, in respect of any function to be performed

by him under this Act; and

(g) to perform such other functions as may be referred to it by the Central

Government:

Provided that nothing in this section shall derogate the powers and functions vested

in the Board or Senate or other authorities of a School.

Term of office

of vacancies

among, and

allowances

payable to

Members of

the Council.

Functions of

Council.

SEC. 2]

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36. (1) The Chairperson of the Council shall ordinarily preside at the meetings of the

Council:

Provided that in his absence, the Vice-Chairperson of the Council shall preside at the

meetings of the Council.

(2) It shall be the duty of the Chairperson of the Council to ensure that the decisions

taken by the Council are implemented.

(3) The Chairperson shall exercise such other powers and perform such other duties

as are assigned to him by this Act.

(4) The Council shall meet once in every year and follow such procedure in its meetings

as may be prescribed.

37. (1) The Central Government may, after previous publication, by notification, make

rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:—

(a) the manner and the conditions for providing provident fund and pension

fund or insurance scheme under sub-section (1) of section 26;

(b) the travelling and other allowances for the Members for attending

the meetings of the Council or the Committees thereof under sub-section (6) of

section 34;

sub-section (4) of section 36.

(3) Every rule made by the Central Government 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 aforesaid, both Houses agree in making

any modification in the rule or both Houses agree that the rule should not be made, the rule

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 rule.

CHAPTER VI

MISCELLANEOUS

38. No act of the Council, or any School or Board or Senate or any other body set up

under this Act or the Statutes, shall be invalid merely by reason of–

(a) any vacancy or defect in the constitution thereof; or

(b) any defect in the election, nomination or appointment of a person acting as

a Member thereof; or

39. Each School shall furnish to the Central Government such returns or other

information with respect to its policies or activities as the Central Government may, for the

purpose of reporting to Parliament or for the making of policy, from time to time require.

40. (1) If any difficulty arises in giving effect to the provisions of this Act the Central

Government, may, by order published in the Official Gazette, make such provisions not

inconsistent with the provisions of this Act as may appear to it to be necessary or expedient

for removing the difficulty:

Chairperson

of Council.

Power to

make rules in

respect of

matters in

this Chapter.

Acts and

proceedings

not to be

invalidated by

vacancies,

etc.

Returns and

information

to be

provided to

Central

Government.

Power to

remove

difficulties.

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[PART II—

Provided that no such order shall be made after the expiry of a period of two years

from the date on which this Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be, after it is made, be

laid before each House of Parliament.

41. The provisions of the Right to Information Act, 2005 shall apply to each School,

as if it were a public authority defined in clause (h) of section 2 of the Right to Information

Act, 2005.

42. Notwithstanding anything contained in this Act–

(a) the Board of Governors of every School functioning as such immediately

before the commencement of this Act shall continue to so function until a new Board

is constituted for that School under this Act, but on the constitution of a new Board

under this Act, the Members of the Board holding office before the constitution shall

cease to hold office;

(b) every Academic Council constituted in relation to every School before the

commencement of this Act shall be deemed to be the Senate constituted under this

Act until a Senate is constituted under this Act for that School but on the constitution

of the new Senate under this Act, the Members of the Academic Council holding

office before such constitution shall cease to hold office;

Council, Building and Works Committee and such other Committees of every School

functioning as such immediately before the commencement of this Act shall continue

to so function until a new Board is constituted for the School under this Act, but on

the constitution of a new Board under this Act, the Members of the Board of Governors,

Finance Committee, Academic Council, Building and Works Committee and such

other Committees holding office before such constitution shall cease to hold office;

(d) any student who joined classes of the existing School on or after the academic

year 2008-2009 or completed the course on or after the academic year 2011-2012 shall

for the purpose of clause (c) of sub-section (1) of section 7, be deemed to have

pursued a course of study in the existing Schools located at Bhopal and Vijayawada

only if such student has not already been awarded degree or diploma for the same

course of study.

School to be

public

authority

under Right to

Information

Act, 2005.

Transitional

provisions.

22 of 2005.

SEC. 2]

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THE SCHEDULE

[See section 3(k) and section 4]

(1)

(2)

(3)

(4)

(5)

Sl. No. Name of the

Name of the

Location

Name of

State

existing School

School incorporated

under this Act

Delhi

School of Planning

New Delhi

School of Planning

and Architecture,

being a society

New Delhi.

registered under the

Societies Registration

Act, 1860 (21 of 1860)

Madhya

School of Planning and

Bhopal

School of Planning

Pradesh

Architecture, being a

and Architecture,

society registered under

Bhopal.

the Societies Registration

Act, 1860 (21 of 1860)

Andhra

School of Planning and Vijayawada

School of Planning

Pradesh

Architecture, being a

and Architecture,

society registered under

Vijayawada.

the Societies Registration

Act, 1860 (21 of 1860)

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[PART II—

STATEMENT OF OBJECTS AND REASONS

The School of Planning and Architecture, New Delhi, a premier institution in the field

of Planning and Architecture, was established in 1959 as an autonomous society, registered

under the Societies Registration Act, 1860. In 1979, the School was conferred with the status

of ‘‘Deemed University’’.

2. In light of the vast changes taking place in the urban, rural and industrial environment

in the country and with a view to adapting to the ever evolving Planning and Architectural

education system globally, two new Schools of Planning and Architecture one each at

Bhopal (Madhya Pradesh) and Vijayawada (Andhra Pradesh), were established by the Central

Government in 2008, as registered societies under the Societies Registration Act, 1860.

3. The proposed Bill seeks to confer the status of ‘‘institution of national importance’’

to all the three Schools of Planning and Architecture at New Delhi, Bhopal and Vijayawada,

thereby enabling them to emerge as "centres of excellence" with the objective of meeting the

national and international standards of planners and architects in an ever increasing

environment of urbanisation and industrialisation.

4. The Bill, inter alia, proposes to—

(i) declare those three Schools of Planning and Architecture as institutions of

national importance;

(ii) establish a Council for Schools of Planning and Architecture similar to the

Indian Institute of Technology and the National Institute of Technology to advise the

Central Government on policy matter in the field of architecture and planning; and

(iii) empower these institutes to grant degrees to students of these School of

Planning and Architecture.

5. The Bill seeks to achieve the above objectives.

NEW DELHI;

SMRITI ZUBIN IRANI

The 26th November, 2014.

————

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE

CONSTITUTION OF INDIA

[Copy of letter No. 3-1/2011-TS. VI, dated 26 November, 2014 from Smt. Smriti

Zubin Irani, Minister of Human Resource Development to the Secretary-General,

Lok Sabha]

The President, having been informed of the subject matter of the proposed School of

Planning and Architecture Bill, 2014, recommends the introduction and consideration of the

Bill in Lok Sabha under clauses (1) and (3) of article 117 of the Constitution of India.

SEC. 2]

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Notes on Clauses

Clause 1.— This clause provides for the short title and commencement of the pro-

posed legislation.

Clause 2.—This clause deals with declaration of Schools of Planning and Architec-

ture mentioned in the Schedule as institutions of national importance.

Clause 3.—This clause provides for definitions of various expressions used in the

proposed legislation which, inter alia, include "Corresponding School ", "existing School",

"School", "Society", "Statutes and Ordinances", etc.

Clause 4.—This clause relates to establishment and incorporation of School. It provides

that on and from the date of commencement of the proposed legislation the Schools specified

in column (3) of the Schedule, shall be a body corporate by the same name as mentioned

under column (5) of the said Schedule and shall have perpetual succession and a common

seal, with power, subject to the provisions of the proposed legislation, to acquire, hold and

dispose of property, both movable and immovable, and to contract, and shall, by the said

name, sue or be sued.

Clause 5.—This clause provides that the objects of the Schools are—

(a) to support the establishment and development of Schools of Planning and

Architecture; and

(b) to provide global leadership in the field of architecture, planning and allied

fields.

Clause 6.—This clause provides for effect of incorporation of Schools. It provides

that on and from the date of commencement of the proposed legislation,—

(a) any reference to any existing School in any contract or other instrument

shall be deemed as a reference to the corresponding School mentioned under column (5)

of the Schedule; (b) all properties, movable and immovable, of or belonging to every

existing School shall vest in the corresponding School mentioned under column (5) of

the Schedule; (c) all the rights, debts and other liabilities of every existing School shall

be transferred to, and be the rights and liabilities of, the corresponding School men-

tioned under column (5) of the Schedule; (d) every person employed by any existing

School immediately before such commencement shall hold his office or service in the

corresponding School mentioned under column (5) of the Schedule, the same tenure,

at the same 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 the proposed legislation had not been enacted and

shall continue to do so unless and until his employment is terminated or until such

tenure, remuneration and the terms and conditions are duly altered by the Statutes.

However, if the alteration so made is not acceptable to such employee, his employment

may be terminated by the School 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

School of compensation equivalent to three months remuneration in case of perma-

nent employees and one month's remuneration in the case of other employees. The

said sub-clause further provides that any reference, by whatever form of words, to the

Director, Registrar or other officers of any existing School mentioned in column (3) of

the Schedule, in any law for the time being in force, or in any instrument or other

document, shall be deemed as a reference to the Director, Registrar or other officers of

the corresponding School in column (5) of the Schedule, under the proposed legislation;

(e) every person pursuing, before that day, any academic or research course immediately

before such commencement in any existing School, shall be deemed to have registered

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[PART II—

with the corresponding School mentioned in column (5) of the said Schedule at the

same level of course in such School; (f) all suits and other legal proceedings instituted

by or against an existing School, immediately before such commencement may

continue by or against the corresponding School mentioned in column (5) of the

Schedule.

Clause 7.—This clause deals with powers and functions of Schools. It provides that

subject to the provisions of the proposed legislation, every School shall exercise the

following powers and perform the following functions—

(a) to organise and undertake research and innovations in architecture,

planning, design and allied activities in such manner as the School may think fit

including collaboration or association with any other School, educational institution,

research organisation or body corporate; (b) to hold examinations and grant degrees,

diplomas, certificates and other degrees; (c) to institute fellowships, Scholarships

and confer awards, honorary degrees or other academic distinctions or titles; (d) to

fix, demand and receive fees and other charges; (e) to establish, maintain and manage

halls and hostels for the residence of students; (f) to supervise and control the

residence and regulate the discipline of students of the School and to make

arrangements for promoting their health, general welfare and culture and corporate

life; (g) to notify academic and other posts with the prior approval of the Central

Government and to make appointments thereto excluding the post of Director; (h) to

appoint persons working in any other School or educational institution or involved

in research of significance in any industry as adjunct, guest or visiting teachers of

the School on such terms and for such duration as the School may decide; (i) to

frame Statutes and Ordinances and to alter, modify or rescind the same; (j) to establish

and maintain such infrastructure as may be necessary; (k) to deal with any property

belonging to or vested in the School in such manner as the School may deem fit for

advancing the objects of the School; (l) to manage the fund of the School and

receive gifts, grants, donations or benefactions from the Government and to receive

bequests, donations and transfers of movable or immovable properties from testators,

or donors or transferors, as the case may be; (m) to co-operate with educational or

other institutions in any part of the world having objects wholly or partly similar to

those of the School by exchange of teachers, students and scholars and generally in

such manner as may be conducive to their common objects on such terms as may be

specified from time to time by the Senate; (n) to undertake consultancy in the areas

or disciplines relating to the School for promotion of its common objectives; (o) to

do all such things as may be necessary, incidental or conducive to the attainment of

all or any of the objects of the School. However, a School shall not dispose of in any

manner any immovable property without the prior approval of the Central Government.

Clause 8.—This clause provides that every School shall be open to persons of

either sex and of whatever race, creed, caste or class, religion, disability, domicile, ethnicity,

social or economic background and no bequest, donation or transfer of any property shall

be accepted by any School, which in the opinion of the Council involves conditions or

obligations opposed to the spirit and object of this section.

Clause 9.—This clause provides that all teaching at each of the Schools shall be

conducted by or in the name of the School in accordance with the Statutes and Ordinances

made for the said purpose.

Clause 10.—It provides that every School shall be a not-for-profit legal entity and

no part of the surplus, if any, in revenue of such School, after meeting all expenditure in

regard to its operations under the proposed legislation, shall be invested for any purpose

other than for the growth and development of such School or for conducting research

therein.

SEC. 2]

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Clause 11.—This clause provides that the President of India shall be the Visitor of

every School; the Visitor may appoint one or more persons to review the work and progress

of any School and to hold inquiries into the affairs thereof and to report thereon in such

manner as the Visitor may direct; and upon receipt of any such report, the Visitor may take

such action and issue such directions as he considers necessary in respect of any of the

matters dealt with in the report and the School shall be bound to comply with such directions

within reasonable time.

Clause 12.—This clause provides that a Board of Governors, a Senate and such other

authorities as may be declared by the Statutes to be the authorities of the School.

Clause 13.—This clause deals with the Board of Governors. Sub-clause (1) of the said

clause provides that the Board of Governors of each School shall be the principal executive

body of that School. Sub-clause (2) of the said clause provides that the Board of Governors

of each School shall consist of the following Members, namely:—

(a) a Chairperson, to be appointed by the Visitor from among a panel of three

names recommended by the Central Government who shall be an eminent Architect or

Planner; (b) Principal Secretary or Secretary, Technical Education or Higher Education

of the respective State Government or Union territory in which the School is situated;

the President of the Institute of Town Planners, India; (d) one representative from the

Council of Architecture to be nominated by the President of the Council of Architecture;

(e) a representative from the All India Council for Technical Education to be nominated

by the Chairman of All India Council of Technical Education; (f) a representative of the

University Grants Commission; (g) one expert from the professions of architecture or

landscape architecture or urban design and one from Urban and Regional Planning

nominated by the Council of School of Planning and Architecture; (h) two

representatives from Senate; one each from Department of Planning and Department

of Architecture, by rotation, for a period of two years, in order of seniority; (i) two

persons not below the rank of Joint Secretary to the Government of India to be

nominated by the Central Government from amongst persons dealing with technical

education and finance or their nominee, ex officio; (j) one person not below the rank of

Joint Secretary to the Government of India to be nominated by the Government of

India, Ministry of Urban Development; (k) the Director of the School, Member,

ex-officio; (l) the Registrar of the School shall act as a Secretary to the Board.

Clause 14.— Term of office of vacancies among, the allowances payable to Members

of Board. It provides that unless otherwise provided in this clause— (a) the term of office

of the Chairperson or any other Members of the Board shall be five years from the date of his

nomination; (b) the term of office of an ex officio Member shall continue so long as he holds

the office by virtue of which he is a Member; (c) the term of office of a Member nominated

under clause (b) of clause 13 shall be two years from the date of nomination or till he holds

the office whichever is earlier; (d) a casual vacancy of a member shall be filled up in accordance

with the provisions of clause 14; (e) the term of office of a Member nominated to fill a casual

vacancy shall continue for the remainder of the term of the Member in whose place he has

been nominated; (f) the Members of the Board shall be entitled to such allowances, if any,

from the School as may be specified in the Statutes, for attending meetings of the Board or as

may be convened by the School but no Member other than the Members referred to in sub-

clauses (h), (k) and (l) of clause 13 shall be entitled to any salary by reason of this clause.

Clause 15.—Sub-clause (1) of this clause provides that subject to the provisions of

the proposed legislation, the Board of every School shall be responsible for the general

superintendence, direction and control of the affairs of the School and shall have all the

powers of School not otherwise provided for by the proposed legislation, the Statutes and

the Ordinances and shall have the power to review the acts of the Senate. Sub-clause (2)

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[PART II—

provides that without prejudice to the provisions of sub-clause (1), the Board of every

School shall have the following powers, namely:—

(a) take decisions on questions of policy relating to the administration and

working of the School; (b) establish departments, faculties or Schools of studies and

initiate programmes or courses of study at the School; (c) make Statutes governing the

administration, management and operations of such School; (d) appoint persons to

academic and non-academic section of the School; (e) consider and modify or cancel

Ordinances; (f) consider and pass resolutions on the annual report, the audited accounts

and the budget estimates of the School for the next financial year as it thinks fit and

submit them to the Council together with a statement of its development plans;

(g) provide, by Statutes, the qualifications, criteria and processes for appointment to

teaching and other posts in such School; (h) exercise such other powers and perform

such other duties as may be conferred or imposed upon it by the proposed legislation

or the Statutes.

Sub-clause (3) provides that the Board appoint such committees, as it considers

necessary for the exercise of its powers and the performance of its duties under the proposed

legislation.

Clause 16.— Sub-clause (1) of this clause provides that the Senate of every School

shall consist of the following persons, namely:—

(a) the Director of the School, Chairman of the Senate, ex officio; (b) five persons,

from amongst the educationists of repute or eminent professionals, who are not in the

service of the School, nominated by the Chairperson of the Board of Governors; (c) a

nominee of the Institute of Town Planners, India; (d) a nominee of the Council of

Architecture; (e) a nominee of All India Council for Technical Education; ( f ) Dean in

charge of academic, research, student affairs, faculty welfare and planning and

development of the School; (g) all the Heads of the Departments; (h) all Professors

other than the Heads of the Departments; (j) four Members of the teaching staff,

representing Associate Professors and the Assistant Professors of the School, by

rotation, for a period of two years, however, an employee of the School shall not be

eligible for the membership referred to in clauses (b), (c), (d) and (e). Sub-clause (2) of

this clause provides that the term the Members of the Senate other than ex officio

Members shall be two years.

Clause 17.— Sub-clause (1) of this clause provides that subject to the provision of the

proposed legislation, the Statutes and the Ordinances, the Senate of a School shall be the

principal academic body of the School and be responsible for the maintenance of standards

of instruction, education and examination in the School and shall have such other powers

and perform such other duties as may be conferred or imposed upon it by the Statutes. Sub-

clause (2) provides that without prejudice to the provisions of sub-clause (1), the Senate

shall have the following powers, namely:—

(a) specify the criteria and process for admission to courses or programmes of

study offered by the School; (b) recommend to the Board for creation of teaching and

other academic posts, determination of the number and emoluments of such posts and

defining the duties and conditions of service of teachers and other academic posts;

(d) specify the Board Academic content of programmes and courses of study and

undertake modifications therein; (e) specify the academic calendar and approve grant

of degrees, diplomas and other academic distinctions or titles; (f) exercise such other

powers and discharge such other functions as may be assigned to it, by Statutes or by

the Board.

Clause 18.—Sub-clause (1) of this clause provides that the Chairperson shall ordinarily

preside at the meeting of the Board and at the convocations of the School. Sub-clause (2) of

this clause provides that it shall be the duty of the Chairperson to ensure that the decisions

taken by the Board are implemented. Sub-clause (3) of this clause provides that the

SEC. 2]

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Chairperson shall exercise such other powers and perform such other duties as may be

assigned to him by the proposed legislation or the Statutes.

Clause 19.—Sub-clause (1) of this clause seeks to provide that the Director of a

School shall be appointed by the Central Government with the prior approval of the Visitor,

on such terms and conditions of service as may be provided by the Statutes. Sub-clause (2)

of this clause provides that the Director shall be the principal academic and executive officer

of the School and shall be responsible for the implementation of the decisions of the Board

and Senate and day-to-day administration of the School. Sub-clause (3) of this clause provides

that the Director shall exercise such other powers and perform such other duties as may be

assigned to him by the proposed legislation or the Statutes or delegated by the Board or the

Senate or the Ordinances. Sub-clause (4) of this clause provides that the Director shall

submit annual reports and audited accounts to the Board.

Clause 20.—Sub-clause (1) of this clause provides that the Registrar of every School

shall be appointed on such terms and conditions as may be laid down by the Statutes and

shall be the custodian of records, the common seal, the funds of the School and such other

property of the School as the Board shall commit to his charge. Sub-clause (2) of this clause

provides that the Registrar shall act as the Secretary of the Board, Senate and such committees

as may be provided by the Statutes. Sub-clause (3) of this clause provides that the Registrar

shall be responsible to the Director for the proper discharge of his functions. Sub-clause (4)

of this clause provides that the Registrar shall exercise such other powers and perform such

other duties as may be assigned to him by the proposed legislation or the Statutes or by the

Director.

Clause 21.—This clause deals with the powers and duties of authorities and officers

other than those mentioned above shall be determined by the Statutes.

Clause 22.—Sub-clause (1) of this clause seeks to provide that every School shall,

within seven years from the establishment and incorporation of School under the proposed

legislation and thereafter at the expiration of every fifth year, constitute, with the prior

approval of the Central Government, a Committee to evaluate and review the performance of

the School in achievement of its objects in the said period. Sub-clause (2) of this clause

provides that the Committee constituted under sub-clause (1) shall consist of members of

acknowledged repute in academia or industry, drawn from such fields of knowledge as may

have relevance to teaching, learning and research in such School. Sub-clause (3) of this

clause provides that the Committee shall assess the performance of School and make

recommendations to the Board in accordance with the provisions laid down in the Statutes.

Clause 23.—This clause seeks to provide that for the purpose of enabling the Schools

to discharge their functions efficiently under the proposed legislation, the Central Government

may, after due appropriation made by Parliament by law in this behalf, pay to every School in

each financial year such sums of money in such manner as it may think fit.

Clause 24.—Sub-clause (1) of this clause provides that every School shall maintain a

Fund to which shall credit—

(a) all monies provided by the Central Government; (b) all fees and other charges

received by the School; (c) all monies received by the School by way of grants, gifts,

donations, benefactions, bequests or transfers; (d) all money received by the School

from utilisation of intellectual property arising from research conducted or provision

of advisory or consultancy services by it; (e) all monies received by the School in any

other manner or from any other source. Sub-clause (2) of this clause provides that all

moneys credited to the Fund of every School shall be deposited in such banks or

invested in such manner as the School may, with the approval of the Finance Committee

and the governing body, decide. Sub-clause (3) of this clause provides that the Fund

of any School shall be applied towards meeting the expenses of the School, including

expenses incurred in the exercise of its powers and discharge of its duties under the

proposed legislation.

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Clause 25.—Sub-clause (1) of this clause provides that every School shall maintain

proper accounts and other relevant records and prepare annual statement of accounts

including the balance sheet in such form and accounting standard as may be specified by

notification, by the Central Government in consultation with the Comptroller and Auditor-

General of India. Sub-clause (2) of this clause provides that where the statement of income

and expenditure and the balance sheet of the School do not comply with the accounting

standards, the School shall disclose in its statement of income and expenditure and balance

sheet, the following, namely:—

(a) the deviation from the accounting standards; (b) the reasons for such

deviation; and (c) the financial effect, if any, arising out due to such deviation. Sub-

clause (3) of this clause provides that the accounts of every School shall be audited by

the Comptroller and Auditor-General of India and any expenditure incurred by audit

team in connection with such audit shall be payable by the School to the Comptroller

and Auditor- General of India. Sub-clause (4) provides that the Comptroller and Auditor-

General of India and any person appointed by him in connection with the audit of the

accounts of any School shall have the same rights, privileges and authority in connection

with such audit as the Comptroller and Auditor-General of India has in connection with

the audit of the Government accounts and, in particular shall have the rights to demand

the production of books, accounts, connected vouchers and other documents and

papers and to inspect the offices of the School. Sub-clause (5) of this clause provides

that the accounts of every School as certified by the Comptroller and Auditor-General

of India or any other person appointed by him in this behalf together with the audit

report thereon shall be forwarded annually to the Central Government and that

Government shall cause the same to be laid before each House of Parliament in

accordance with such procedure as may be laid down by the Central Government.

Clause 26.—Sub-clause (1) of this clause seeks to provide that every School shall

constitute for the benefit of its employees such provident or pension fund or provide such

insurance scheme as it may deem fit in such manner and subject to such conditions as may

be provided by the Statutes. Sub-clause (2) provides that where such provident fund or

pension fund has been so constituted, the Central Government may declare that the provisions

of the Provident Funds Act, 1925, shall apply to such fund, as if it were a Government

provident fund.

Clause 27.—This clause seeks to provide that all appointments of the staff of every

School, except that of the Director, shall be made in accordance with the procedure laid down

in the Statutes, by—

(a) the Board, if the appointment is made on the academic staff in the post of

Assistant Professor or if the appointment is made on the non-academic staff in every

cadre the maximum of the pay scale for which exceeds prevalent grade pay scale for

Group ‘A’ Officers; (b) the Director, in any other case.

Clause 28.—This clause seeks to provide that subject to the provisions of the proposed

legislation, the Statutes may provide for all or any of the following matters, namely:—

(a) the conferment of honorary degrees; (b) the formation of departments of

teaching and centres for research; (c) the fees to be charged for courses of study in the

School and for admission to the examinations of degrees and diplomas of the School;

(d) the institution of fellowship, scholarships, exhibitions, medals and prizes; (e) the

term of office and the method of appointment of officers of the School; (f) the

qualifications of teachers of the Schools; (g) the classification, the method of

appointment and the determination of the terms and conditions of service of teachers

and other staff of the School; (h) the constitution of pension, insurance and provident

funds for the benefit of the officers, teachers and other staff of the School; (i) the

constitution, powers and duties of the authorities of the School; (j) the establishment

and maintenance of halls and hostels; (k) the conditions of residence of students of

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the School and the levying of fees for residence in the halls and hostels and of other

charges; (l) the allowances to be paid to the Chairperson and Members of the Board;

(m) the authentication of the orders and decisions of the Board; and (n) the meetings

of the Board, the Senate, or any Committee, the quorum at such meetings and the

procedure to be followed in the conduct of their business.

Clause 29.—Sub-clause (1) of this clause provides that the first Statutes of each

School shall be framed by the Central Government with the approval of the Visitor and a copy

of the same shall be laid as soon as may be before each House of Parliament. Sub-clause (2)

of this clause provides that the Board may, from time to time, make new or additional Statutes

or may amend or repeal the Statutes in the manner provided in this section. Sub-clause (3) of

this clause provides that every new Statutes or addition to the Statutes or any amendment or

repeal of Statutes shall require the prior approval of the Visitor who may grant assent or

withhold assent or remit it to the Board for consideration. Sub-clause (4) of this clause

provides that new Statute or a Statute amending or repealing an existing Statute shall have

no validity unless it has been assented to by the Visitor. However, the Central Government

may with the prior approval of the Visitor, frame or amend the Statutes for the School, if the

same is required for uniformity and a copy of the same shall be laid as soon as may be before

each House of the Parliament.

Clause 30.—This clause provides that subject to the provisions of the proposed

legislation and the Statutes, the Ordinances of every School may provide for all or any of the

following matters, namely:—

(a) the admission of the students to the School; (b) the courses of study to be

laid down for all degrees and diplomas of the School; (c) the conditions under which

students shall be admitted to the degree or diploma courses and to the examinations of

the School, and shall be eligible for degrees and diplomas; (d) the conditions of award

of the fellowships, scholarships, exhibitions, medals and prizes; (e) the conditions and

mode of appointment and duties of examining bodies, examiners and moderators;

(f) the conduct of examinations; (g) the maintenance of discipline among the students

of the School; and (h) any other matter which by the proposed legislation or the

Statutes is to be or may be provided for by the Ordinances.

Clause 31.—Sub-clause (1) of this clause provides that save as otherwise provided in

this clause, Ordinances shall be made by the Senate. Sub-clause (2) provides that all

Ordinances made by the Senate shall have effect from such date as it may direct, but every

Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered

by the Board at its next meeting. Sub-clause (3) of this clause provides that the Board shall

have power by resolution to modify or cancel any such Ordinance and such Ordinance shall

from the date of such resolution stand modified accordingly or cancelled, as the case may be.

Clause 32.—Sub-clause (1) of this clause provides that any dispute arising out of a

contract between a School and any of its employees shall be referred to a Tribunal of

Arbitration consisting of one member appointed by the School, one member nominated by

the employee, and an umpire appointed by the Visitor at the request of the employee concerned

or at the instance of the School. Sub-clause (2) of this clause provides that the decision of

the Tribunal shall be final and shall not be questioned in any court. Sub-clause (3) of this

clause provides that no suit or proceeding shall lie in any court in respect of any matter,

which is required by sub-clause (1) to be referred to the Tribunal of Arbitration. Sub-clause (4)

of this clause provides that the Tribunal of Arbitration shall have power to regulate its own

procedure, however, the Tribunal shall have regard to the principles of natural justice while

making such procedure. Sub-clause (5) of this clause provides that the law relating to arbitra-

tion in any other law for the time being in force shall in force not apply to arbitrations under

this clause.

Clause 33.—Sub-clause (1) of this clause seeks to provide that with effect from such

date as the Central Government may, by notification, specify in this behalf, there shall be

established for all Schools specified in column (3) of the Schedule, a central body to be called

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[PART II—

the Council. Sub-clause (2) of this clause provides that the Council shall consist of the

following members, namely:—

(a) the Minister in charge of the Ministry or Department of the Central Government

having administrative control of the technical education, ex officio, as Chairperson;

(b) two Members of the Parliament of India (one member to be nominated by

the Speaker of Lok Sabha and one member to be nominated by the Chairman of

Rajya Sabha), ex officio; (c) the Secretary to the Government of India in charge of the

Ministry or Department of the Central Government having administrative control of

the technical education, ex officio, as Vice-Chairperson; (d) the Chairperson of every

Board, ex officio; (e) the Director of every School, ex officio; (f) the Chairman, University

Grants Commission, ex officio; (g) the President, Council of Architecture, New Delhi,

ex officio; (h) the President, Institute of Town Planners, India, ex officio; (i) the Chairman,

Indian Institute of Architects, ex officio; (j) the President, Institution of Surveyors of

India, ex officio; (k) two Secretaries to the Government of India to represent the Ministries

or Departments of the Central Government dealing with Urban Development and

Defence, ex officio; (l) the Chairman, All India Council for Technical Education,

ex officio; (m) three persons to be nominated by the Visitor, at least one of whom shall

be a woman, having special knowledge or practical experience in respect of Architecture

or Landscape Architecture or Urban Design or one from Urban and Regional planning,

ex officio; (n) two Secretaries to the State Government, from amongst the Ministries or

Departments of that Government dealing with technical education where the Schools

are located, ex officio; (o) Financial Advisor, dealing with the Ministry of Human

Resource Development, Department of the Central Government, ex officio; (p) one

officer not below the rank of Joint Secretary to the Government of India in the Ministry

or Department of the Central Government having administrative control of the Technical

Education, ex officio, as Member Secretary. Sub-clause (3) of this clause provides that

the Council shall have a Secretariat with officials to be appointed by the Statutes. Sub-

clause (4) of this clause provides that the Council may constitute a Standing Committee

of the School of Planning and Architecture to assist the Council in discharge of its

duties and responsibilities.

Clause 34.—Sub-clause (1) of this clause provides that save as otherwise provided in

this clause, the term of office of a member of the Council, other than an ex officio member,

shall be three years from the date of notification. Sub-clause (2) of this clause provides that

the term of office of an ex officio member shall continue so long as he holds office by

virtue of which he is such a Member. Sub-clause (3) of this clause provides that the term of

office of a member of the Council nominated by Speaker of Lok Sabha or the Chairman of

Rajya Sabha shall expire as soon as he ceases to be member of the House, which elected him.

Sub-clause (4) of this clause provides that the term of office of a member of the Council

nominated or elected to fill a casual vacancy shall continue for the remainder of the term of

the member in whose place he has been appointed. Sub-clause (5) of this clause provides

that notwithstanding anything contained in this clause an outgoing member of the Council

shall, unless the Central Government otherwise directs, continue in office until another

person is appointed as a member in his place. Sub-clause (6) of this clause provides that the

members of the Council shall be entitled to such travelling and other allowances, as may be

provided by rules, for attending meetings of the Council or the Committees thereof.

Clause 35.—Sub-clause (1) of this clause provides that it shall be the general duty of

the Council to co-ordinate the activities of all the Schools. Sub-clause (2) of this clause

provides that without prejudice to the provisions of sub-clause (1), the Council shall perform

the following functions, namely:—

(a) to advise on policy matters relating to the duration of the courses, the degrees

and other academic distinctions to be conferred by the Schools, admission standards

and other academic matters; (b) to recommend to the Central Government, proposals

for establishment of new Schools of Planning and Architecture; (c) to deliberate on

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such matters of common interest to Schools as may be referred to it by any School;

(d) to lay down policy regarding cadres, methods of recruitment and conditions of

service of employees, institution of scholarships and freeships, levying of fees and

other matters of common interest; (e) to examine the development plans of each School

and to approve such of them as are considered necessary and also to indicate broadly

the financial implications of such approved plans; (f) to advise the Visitor, if so required,

in respect of any function to be performed by him under this Act; and (g) to perform

such other functions as may be referred to it by the Central Government, however, the

same shall not be in derogation to the powers and functions vested in the Board or

Senate or other authorities of a School.

Clause 36.—Sub-clause (1) of this clause seeks to provide that the Chairperson of the

Council shall ordinarily preside at the meetings of the Council. However, in his absence, the

Vice-Chairperson of the Council shall preside at the meetings of the Council. Sub-clause (2)

of this clause provides that it shall be the duty of the Chairperson of the Council to ensure

that the decisions taken by the Council are implemented. Sub-clause (3) of this clause

provides that the Chairperson shall exercise such other powers and perform such other

duties as are assigned to him by the proposed legislation. Sub-clause (4) of this clause

provides that the Council shall meet once in every year and follow such procedure in its

meetings as may be provided by rules.

Clause 37.—Sub-clause (1) of this clause provides that the Central Government may,

by notification, make rules to carry out the purposes of the proposed legislation. Sub-clause (2)

of this clause provides that without prejudice to the generality of the powers to make rules

under sub-clause (1), the Central Government may make rules for all or any of the following

matters, namely:—

(a) the manner and the conditions for providing provident fund and pension

fund or insurance scheme under sub-clause (1) of clause 26; (b) the travelling and

other allowances for the members for attending the meetings of the Council or the

Committees under sub-clause (6) of clause 34; (c) the procedure to be followed in the

meetings of the Council under sub-clause (4) of clause 36. Sub-clause (3) of this clause

provides that every rule made by the Central Government under proposed legislation

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 aforesaid,

both Houses agree in making any modification in the rule or both Houses agree that

the rule should not be made, the rule shall thereafter have effect only in such modified

form or be of no effect, as the case may be; however, that any such modification or

annulment shall be without prejudice to the validity of anything previously done

under that rule.

Clause 38.—This clause provides that any act of the Council or any School or Board

or Senate or any other body set up under the proposed legislation or the Statutes shall not

be invalid merely by reason of—

(a) any vacancy or defect in the constitution thereof; or (b) any defect in the

election, nomination or appointment of a person acting as a member thereof; or (c) any

irregularity in its procedure not affecting the merits of the case.

Clause 39.—This clause provides that each School shall furnish to the Central

Government such returns or other information with respect to its policies or activities as the

Central Government may, for the purpose of reporting to Parliament or for the making of

policy, from time to time require.

Clause 40.— Sub-clause (1) of this clause seeks to provide that if any difficulty arises

in giving effect to the provisions of the proposed legislation, the Central Government may,

by order published in the Official Gazette, make such provisions not inconsistent with the

provisions of the proposed legislation as may appear to it to be necessary or expedient for

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

removing the difficulty, however, such order shall not be made after the expiry of a period of

two years from the date on which the proposed legislation receives the assent of the President.

Sub-clause (2) of this clause provides that every order made under this clause shall, as soon

as may be, after it is made, be laid before each House of Parliament.

Clause 41.—This clause provides that the provisions of the Right to Information

Act, 2005 shall apply to each School, as if it were a public authority defined in clause (h) of

section 2 of the Right to Information Act, 2005.

Clause 42.—This clause provides that notwithstanding anything contained in the

proposed legislation—

(a) the Board of Governors of every School functioning as such immediately

before the commencement of the proposed legislation shall continue to so function

until a new Board is constituted for that School under the proposed legislation, but on

the constitution of a new Board under the proposed legislation, the members of the

Board holding office before the constitution shall cease to hold office; (b) every

Academic Council constituted in relation to every School before the commencement

of the proposed legislation shall be deemed to be the Senate constituted under the

proposed legislation until a Senate is constituted under the proposed legislation for

that School but on the constitution of the new Senate under the proposed legislation,

the members of the Academic Council holding office before such constitution shall

cease to hold office; (c) the Board of Governors, Finance Committee, Academic Council,

Executive Council, Building and Works Committee and such other Committees of

every School functioning as such immediately before the commencement of the

proposed legislation shall continue to so function until a new Board is constituted for

the School under the proposed legislation, but on the constitution of a new Board

under the proposed legislation, the members of the Board of Governors, Finance

Committee, Academic Council, Building and Works Committee and such other

Committees holding office before such constitution shall cease to hold office; (d) any

student who joined classes of the existing School on or after the academic year

2008-2009 or completed the course on or after the academic year 2011-2012 shall for the

purpose of holding examinations, granting degrees, diplomas, certificates and other

degrees be deemed to have pursued a course of study in the existing Schools located

at Bhopal and Vijayawada only if such student has not already been awarded degree or

diploma for the same course of study.

————

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides that existing Schools mentioned in column (3) of the

Schedule to be bodies corporate by the corresponding name as mentioned in column (5) of

the Schedule. The three existing Schools of Planning and Architecture are centrally funded

for meeting their expenditure and financial assistance of the Central Government would

continue to be provided to these three Schools.

2. For the current financial year 2014-15, an amount of Rs. 50.00 crores under Plan

has been allocated to School of Planning and Architecture, Bhopal. An amount of

Rs. 30.00 crores under Plan has been allocated to School of Planning and Architecture,

Vijayawada and Rs. 5.00 crores under Plan and Rs. 24.30 crores under Non-Plan has been

allocated to School of Planning and Architecture, New Delhi with the stipulation that sanction

of funds would be on incremental basis after assessing the requirement as part of the annual

budgetary exercise.

3. Clause 23 of the Bill, inter alia, provides that the Central Government may, after due

appropriation made by Parliament by law pay to every School in each financial year such

sums of money in such manner as it may think fit.

SEC. 2]

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MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 29 of the Bill empowers the Central Government to frame, with the prior ap-

proval of the Visitor, the first Statutes of each School. A copy of such Statutes shall be laid

before each House of Parliament. The Statutes may provide for all or any of the following