Short title and

commencement.

THE SCHOOL OF PLANNING AND ARCHITECTURE ACT, 2014

(NO. 37 OF 2014)

[18th December, 2014.]

An Act 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 1

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PUBLISHED BY AUTHORITY

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No. 43] NEW DELHI, THURSDAY, DECEBER 18, 2014/AGRAHAYANA 27, 1936 (SAKA)

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

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 18th December, 2014/Agrahayana 27, 1936 (Saka)

The following Act of Parliament received the assent of the President on the

18th December, 2014, and is hereby published for general information:—

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 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. 1]

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. 1]

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. 1]

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. 1]

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. 1]

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

Council.

Functions of

Council.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

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.

THE GAZETTE OF INDIA EXTRAORDINARY

[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.

22 of 2005.

Transitional

provisions.

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)

————

DR. SANJAY SINGH,

Secy. to the Govt. of India.

GMGIPMRND—3831GI(GI)—19-12-2014.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.

[PART II—SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY